Articles Posted in Auto Accidents

With the fun and exciting energy of Mardi Gras, there are far busier streets with large crowds of moving pedestrians and jam-packed traffic that can lead to terrible accidents if you are not well equipped to handle them. As experts in personal injury practice, we would like to offer our best advice to keeping yourself and others safe during the season.

Mardi Gras Safety Tips:

  1. Stay behind barricades.

The third week of October is National School Bus Safety Week. Every year, communities across the country gather to bring light to school bus safety. The National School Bus Safety Week reminds students, parents, teachers, and the community to keep school bus safety at the forefront of our priorities. While the initiative started as a letter-writing campaign to President Nixon in 1969, it has evolved into an impactful national movement for school bus safety.

Broussard, David & Moroux desires to bring that same impact into our local Louisiana communities because every student deserves the right to safe transportation. The KLFY News 10 Safety Tips, which reminds the community of measures we can all take for school bus safety and general road awareness, is sponsored by Broussard, David & Moroux.

In light of the 2023 National School Bus Safety Week, it is especially important to remember these safety tips while driving around school buses:

A massive chain reaction car crash on I-55 early Monday morning last left 2 dead, 30 people injured, and over 100 people stranded on the interstate. There was a total of 25 crashes in three different areas of 1-55. Involved in the crash were three 18-wheelers, two of which were fully engulfed in flames. Because of the massive pile up, deputies had to run along the roadway just to get to the crash sites.

The crashes occurred due to extremely dense fog. In light of this incident, here are a few tips to keep in mind when traveling in foggy conditions:

  • Use headlights if you are unable to see 500 feet in front of you

Broussard, David, & Moroux recently obtained a jury award of $4,900,000.00 on behalf of a 41-year-old wife and surgical technician from Acadia Parish. The plaintiff was injured on August 12, 2019 while on her way to work at Jennings American Legion Hospital. She was traveling down Highway 98 when a Diamond B. Construction pick-up truck ran a stop sign and crashed into the plaintiff’s Suburban, causing it to flip over several times and land upside down in a nearby ditch. As a result of the crash, she suffered immediate and extensive injuries to her neck and low back. Even though the construction worker admitted to fault at the scene, his employers refused to admit fault and contested liability through trial.

Following the crash, the plaintiff was immediately brought to the hospital. She suffered neck, mid back, and low back injuries. As a result of her injuries, she underwent a neck fusion and required a second neck surgery. She also suffered compression fractures in her midback and low back, as well as anxiety, depression, and headaches due to the accident. Her chronic pain required long-term treatment with pain management doctors and her surgeon testified would likely need adjacent segment surgery in the future.

After a four-day jury trial, the plaintiff was awarded $408,857 in past medical expenses, $800,000 in future medical expenses, $948,819 in lost earnings/capacity, and $2,500,000 in general damages. Her husband was also awarded $250,000 in loss of consortium. With judicial interest, the total judgment is $5.5MM.

Personal injury cases arise in many different shapes, sizes, and kinds. Whether it be a small injury from a simple car accident or life-altering damage from a plane crash, negligence may be found and recovery necessary. But not matter the type of case, all claims have one thing in common: a time limit for how long you can bring your case to court. When a plaintiff fails to bring their claim within this time period, the court will refuse to hear the case and a settlement cannot be made. So, how much time do you have to file your claim?

Under Louisiana Civil Code Article 3492, an action for personal injury, not relating to a faulty product, must be filed in court within one year of the date of the injury. This means as of the day your injuries or damages are sustained, the prescriptive period starts running. This rule applies to injuries arising from: (1) car accidents; (2) slip and falls; (3) pedestrian accidents; and (4) dog bites or attacks.

Not only should prescription be considered to ensure a claim may be filed, but waiting too long may raise other issues. As time passes, witnesses may be harder to find, videos and pictures of an accident may be lost, and other evidence may be destroyed. Additionally, filing sooner allows more time for settlement negotiations to be made.

On January 28, 2017, plaintiff was T-boned by a Lafayette police officer who pulled out of the parking lot at Our Lady of Fatima Church on Johnston Street in Lafayette, crashing into the side of plaintiff’s pickup truck. Prior to trial, the parties stipulated that the defendant police officer was the sole legal cause of the subject collision and that he was in the course and scope of his employment with Lafayette City-Parish Consolidated Government at the time of the collision.

As the result of the collision, the 29-year-old plaintiff suffered injuries to his cervical and lumbar spine including annular fissures at C4-5 and C5-6, a central disc protrusion at C6-7, disc bulging at L3-4 and L4-5, as well as a disc protrusion and fissure at L5-S1. Plaintiff’s pre-trial treatment included three (3) rounds of cervical steroid injections and two (2) rounds of lumbar injections. In 2019, plaintiff’s treating spine surgeon recommended that plaintiff undergo total disc replacement at C6-C7 and an anterior lumbar interbody fusion at L5-S1.

Plaintiff, a father of six, continued to work through his pain following the collision so that he could support his family. At trial, the defense attempted to downplay plaintiff’s injuries using job descriptions which indicated he was required to perform heavy lifting at work and testimony from his supervisors confirming those job descriptions. Plaintiff testified the job descriptions did not accurately reflect the actual work he was required to perform at those jobs and on cross-examination, plaintiff’s supervisors were forced to admit that they had never actually observed him perform any heavy lifting after the accident.

On the morning of January 19, 2023, an 18-wheeler crashed on the Estherwood pontoon bridge. This is the site of another 18-wheeler crash just last fall. Not only do bridge crashes like this one cause bridge closers and detours for motorists, it also causes additional safety risks for other drivers on the road.

In light of this accident, here are a few safety tips to remember when traveling on bridges:

  • To avoid a chain reaction collision, keep at least two car lengths between you and the car in front of you.

During the evening of November 13, Lafayette Police Department responded to the scene of a vehicle crash involving a pedestrian on Bertrand Drive. The female pedestrian died on the scene as a result of her injuries.

According to the National Highway Traffic Safety Administration (NHTSA), 6,516 pedestrians were killed and an estimated 55,000 were injured nationwide in 2020. In light of these facts and the events of last weekend, Broussard, David & Moroux would like to remind both those driving and walking of tips to keep everyone safe on the roads.

For drivers, the following tips can help to protect pedestrians walking near roads:

Daylight Savings Time ends this Sunday, November 6. Many of us look forward to this time of year and are welcome to the idea of gaining an extra hour of sleep. It may seem like Daylight Savings only affects our sleep schedule and the sun going down earlier, but studies have shown there’s more to it than that. 

Studies have shown a direct correlation between the time shift and motor vehicle crashes. In March, we lose an hour of sleep. Our sleeping patterns are disrupted, leading to many drowsy drivers getting on the road for their daily commute. Though we gain an hour of sleep come November, there are still legitimate risks that come with it.  

Daylight Savings Time ending means it gets dark outside earlier, which limits visibility during our typical afternoon or evening commute home. This increases the risk that drivers, bicyclists, and pedestrians will be involved in an accident. 

The school year is now in full swing and it is important as drivers to continue to practicing safe driving, especially when children are involved.

On Thursday, September 29, a tow truck crashed into a school bus carrying 27 children in St. Landry Parish, causing two children to be airlifted to the hospital and two others taken by ambulance. Children were exiting the bus when the tow truck crashed into the rear of the bus. In order to prevent incidents like this from happening again, it is crucial to remember Louisiana’s laws and procedures when driving near a school bus.

In Louisiana, the law states the driver of a vehicle coming upon a stopped school bus and red lights are flashing must stop no less than 30 feet away from the school bus and shall not proceed until the bus resumes motion or the visual signals are no longer activated.

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