Auto Accidents

Acadiana Girl Killed, Another in Critical Condition After Recent Accidents

August 2, 2012 | by Broussard, David & Moroux

An 11 year-old girl died in a tragic car crash earlier this month on LA Highway 104. The accident occurred when the driver drove off the road and hit a tree. Police do not know what caused the driver to leave the road. The other passengers, a 12 year-old girl and 13 year-old boy suffered only minor injuries.

Another 15 year old girl is currently in critical condition after the driver of the vehicle she was riding in also left the road, hit a ditch, and flipped the vehicle. The accident occurred on LA 320 and is currently under investigation.

Louisiana Legislature Toughens Rules For Teen Drivers

July 19, 2012 | by Broussard, David & Moroux

Louisiana’s first-time drivers will now be legally required to undergo more classroom and behind-the-wheel training. State lawmakers passed this legislation last session with little opposition.

The new rules require 30 hours of classroom instruction and eight hours of behind-the-wheel instruction for 16-year-olds and 17-year-olds. In addition, 18-year-olds must undertake six hours of classroom instruction and eight hours of behind-the-wheel training. Lawmakers believe the legislation will make roads safer and lower insurance rates across the state.

Car accidents continue to be the leading cause of death among teenagers in the United States. Last year, car accidents claimed the lives of almost 6,000 teens. Statistics show that teens are more likely to speed, use cell phones and succumb to distractions inside and outside the vehicle.

Traumatic Brain Injury Study Released

July 12, 2012 | by Broussard, David & Moroux

A study released by the University of Oklahoma indicates that the symptoms of traumatic brain injury can persist for years. The study followed over 500 veterans who suffered from post-concussion syndrome. Their research found that almost half of the veterans’ symptoms did not improve until eight years after the injury.

Post-concussion syndrome is a disorder that follows a blunt impact to the head or brain. The symptoms include headaches, dizziness, fatigue, depression, anxiety, insomnia, memory loss and sensitivity to light and noise. For years, doctors have believed that these symptoms were only temporary.

Sports-Related Brain Injuries On The Rise

April 19, 2012 | by Broussard, David & Moroux

An increase in the number of sports related traumatic brain injuries has many neurological surgeons and families of athletes concerned with the quality of protective gear.

The Brain Injury Resource Center estimates 300,000 traumatic brain injuries a year are sports-related with concussions being the most common. The American Association of Neurological Surgeons declared traumatic brain injuries to be the leading cause of death from sports-related injuries. According to the Association, from 2008 to 2009 the number of traumatic brain injuries in baseball and softball increased by more than a third, from 26,964 to 38,394. Cycling and football top the list with the highest number of brain injuries.

Dr. Jeff Cone, a Texas neurologist, said equipment is safer now than it was a decade ago, but there is still room for improvement in the design of equipment and prevention of traumatic brain injuries.

3 Year Old Louisiana Boy Dies Riding Tricycle

April 12, 2012 | by Broussard, David & Moroux

A three year old boy from Plain Dealing died when he was hit by a car while riding his tricycle. After being pushed off the road and into a ditch, he was pronounced dead at LSU Hospital in Shreveport.

Tragic deaths such as this can be heart-wrenching and devastating experiences for families. In addition to emotional pain from the loss of a loved one, surviving family members can also experience future financial hardship. Under these circumstances, a wrongful death claim may allow injured family members to recover.

BP Oil Spill Settlement Reached

March 8, 2012 | by Broussard, David & Moroux

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP’s estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs’ lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Louisiana lawmaker moves to ban cell phones in vehicles

March 1, 2012 | by Broussard, David & Moroux

State Rep. Austin Badon is continuing his battle to ban all cell phone use while driving in Louisiana. Badon introduced a bill this month that seeks to ban all cell phone use while operating a motor vehicle in the state, with the exception of hands-free devices.

For the past four years, the legislature has consistently struck down similar bills involving cell phone use. But when it comes to distracted driving, the political climate may be changing in the legislature. Last session, the legislature agreed to pass a bill that banned texting while driving, allowing police officers to stop drivers for the sole offense of texting while operating a motor vehicle.

In recent years, electronic distracted driving has been a major cause of motor vehicle accidents and fatalities in the United States. In Louisiana, statistics reveal that distracted driving was a contributing factor in 2,788 motor vehicle accidents in 2011 alone.

Acadiana Area Senator To Tackle DWI Sentencing

February 26, 2012 | by Broussard, David & Moroux

The Governor’s Task Force on DWI and Vehicular Homicide recently suggested that the state require judges to sentence all convicted drunk drivers to some jail time. In light of the upcoming legislative session, Sen. Jonathon Perry now intends to introduce a bill that would mandate jail time for DWI offenders by eliminating a judge’s discretion to reduce DWI sentences.

Sen. Perry believes that the proposed legislation would assist the state in reducing alcohol-related injuries and fatalities. However, critics argue that judges need this discretion to justly sentence some DWI offenders, particularly first-time offenders with no history of substance abuse. Sen. Perry indicated that he may be willing to compromise for first-time offenders.

Louisiana DOT to install more cable barriers on I-10

February 2, 2012 | by Broussard, David & Moroux

State transportation officials began the next phase of its 22 ½ mile project to a build cable barrier along I-10’s median between Baton Rouge and New Orleans. Studies suggest that cable barriers are an effective means of preventing deadly crossover crashes.

Crossover accidents can occur when a driver loses control of his vehicle, and the vehicle crosses over the median into oncoming traffic. Common causes of these accidents include speeding, distracted driving, drunk driving, unexpected changes in road conditions, or hydroplaning. All too often, in a crossover accident, an innocent driver’s vehicle is struck by an unexpected oncoming vehicle, resulting in serious injury or even death.

In the past, crossover crashes have been a major cause of highway fatalities in Louisiana. However, these cable barriers appear to be a step in the right direction for protecting Louisiana drivers. State troopers reported an almost immediate reduction in crossover accidents since the installation of the first installment of the cable barrier along I-10. According to state officials, the existing cable barrier on I-10 already reduced crossover accidents by 100 percent.

Deadly New Orleans 40-vehicle pileup could implicate municipality liability

January 2, 2012 | by Broussard, David & Moroux

An investigation following the 40-vehicle pileup in New Orleans East this month revealed that the city’s street lights on the interstate near the scene of the accident were not functioning properly, according to a New Orleans city spokesperson. The pileup killed two people and injured over 50. Investigators believe that low visibility due to fog, poor lighting and possible smoke from a marsh fire caused the pileup.

This tragic accident demonstrates the role that a city’s negligence can play in causing a motor vehicle accident. A person injured in a motor vehicle accident may sue a municipality under limited circumstances when the city’s negligence caused the accident. In determining whether a city may be held liable for an accident in comparative fault regimes like Louisiana, the city’s negligence need not be the sole cause of the accident but must in some way be linked to the cause of the accident. Generally, cities can be held legally responsible for a motor vehicle accident if there is inadequate lighting, poor road conditions, improper signs or malfunctioning street signals.