Articles Posted in General Negligence

Recently, we told you about how a lawsuit resulted in the recall of over one million bikes with a serious flaw that paralyzed our client. This made cyclists across the country safer. Now we look at how another client’s case revealed a critical workplace hazard.

A Louisiana resident was focused on his work near a large industrial forklift when suddenly the heavy steel fork dislodged striking his hard hat. He was instantly paralyzed for life.

The forklift manufacturer blamed the tragedy on the employer’s maintenance practices and said the design was safe. Through intensive investigation and discovery depositions we learned that there was an error in the specification of the fork. The dimensions of the fork specified in the manufacturer’s catalog allowed it to slip off  spontaneously.

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.

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.

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:

On August 5, 2022, a Western District of Louisiana jury awarded $3,000,000 in a rural tractor-trailer crash and assigned 100% liability to US Xpress and its driver. 

On February 14, 2018, a scaffolder was on his way to work early in the morning fog on U.S. 190 approaching the intersection of inferior LA 26. At the same time, an 18-wheeler was stopped at the stop sign on LA 26 waiting on another vehicle to pass on U.S. 190. However, as plaintiff approached the intersection, the truck pulled out directly in front of plaintiff, blocked his lane of travel, and caused plaintiff to slam into the trailer near the rear tandem wheels. US Xpress alleged that the plaintiff was speeding, inattentive, and failed to brake timely. 

Plaintiff suffered a severe cut to his right, little finger that led to amputation of the finger. Plaintiff underwent surgeries to his right finger, neck, and back, and continues to suffer from headaches and associated psychological injury. 

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. 

Musings of a Trial Lawyer Waiting For the Jury (August 2022)

“As I type this note, my last submission as President of the LAJ, I am awaiting the response of eight jurors in the Western District of Louisiana. Their verdict will have to be unanimous. This venire and jury were a trucking defense lawyer’s dream – truck drivers, dispatchers, logistics folks, insurance company employees. The jurors we ended up getting did not look great on paper, but I’m hopeful they came in open-minded. After a week of trial, I have no idea how they received the evidence I presented. 

Rough week. Gave a home hum opening, fought through some tough admissibility issues throughout the trial, and just wrapped up with a decent but not spectacular closing. Violated my first rule of openings/closings – used some notes as reminders to make sure I covered all of the issues. It ruins the flow. I know better. I talked too fast. Again.  

A bicyclist was struck by a vehicle on Thursday night on LA-98 and LA-93.

Authorities reported that a 67-year-old male was hit by an SUV and thrown off of his bicycle. He was stopped in the westward lane on LA-98 facing east when a 2010 GMC Terrain SUV hit the cyclist while traveling west on LA-98.

The bicyclist was pronounced dead at the scene of the crash. The GMC SUV driver was not injured and showed no signs of impairment. The crash remains under investigation.

February 28, 2021, 14-year old Zalee Gail Day-Smith was killed near her home after an oil field tank battery exploded while she was hanging out with friends. Oil field tank batteries are storage sites for oil wells that are not connected to major pipelines. These large metal tanks can hold hundreds of thousands of gallons of crude oil, and can give off flammable fumes. Zalee Gail Day-Smith and her friends would frequently hang out around these tanks where there was no fence, gate, or warning signs.

Despite not knowing exactly what happened at the site when Day-Smith died, new rules have been put in place to minimize the chance of it happening again.

Tank sites within 500 feet of a home or highway, 1,000 feet of a church or school, or anywhere within the limits of a town, city or village must follow these rules:

On Sunday, August 9, 2021, a party barge reportedly operated by a Lafayette resident hit a group of children on an inner tube on False River. The children ranged in age from 8 to 14. The boater(s) reportedly fled the scene of the accident. Investigators say that the driver of the boat went home and refused to take a sobriety test.  The Department of Wildlife and Fisheries is investigating the incident.  Although there were no fatalities, one of the children was airlifted to a Baton Rouge hospital and may face prolonged recovery time.

Broussard, David & Moroux reminds boaters and spotters to be vigilant when operating a vessel and/or pulling a tube. Further, please take boater education safety courses offered for free at the Louisiana Department of Wildlife & Fisheries website: https://www.wlf.louisiana.gov/page/boater-education.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle boating and tubing incident cases and will fight to obtain fair compensation for the injuries of yourself or your loved ones. If you, or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

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