Motorcycle Accidents

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Jerome Moroux obtains $23-million-dollar settlement

May 6, 2024 | by Broussard, David & Moroux

Jerome H. Moroux, partner at Broussard, David & Moroux, recently obtained a $23-million-dollar settlement for personal injury claims stemming from a motorcycle accident. The settlement was one of the largest in the firm’s history, and a career high for Moroux.

The accident was caused by a delivery driver who, while driving on Interstate 49, suddenly changed lanes into the plaintiff’s motorcycle. The plaintiff was thrown nearly 250 feet before finally landing in a ditch near the highway. The plaintiff suffered numerous severe injuries, including a traumatic brain injury. Before trial, Moroux successfully moved the trial court to find that the defendant driver was 100% at fault in the crash.

The plaintiff’s physicians determined that he would need treatment for the rest of his life, including eventual inpatient care due to the likely progression of his brain injury. Though the defendant worked to minimize the severity of the client’s injuries, Moroux fought for his client’s treatment needs.

Stay Safe as the Bons Temps Rouler

February 13, 2024 | by Broussard, David & Moroux

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:

Stay behind barricades.

Motorcycle Safety Tips

March 21, 2023 | by Broussard, David & Moroux

In the late hours of March 13, a fatal motorcycle crash occurred at the 2300 block of West Pinhook Road, near Verot School Road. The investigation showed that the motorcyclist entered the center lane, in an attempt to go around vehicle traffic. While in the center lane, the motorcycle collided with another vehicle. A passenger from the vehicle was injured and transported to a local hospital. The motorcyclist died in the crash.

In light of this accident, it is important to remember these safety procedures when operating a motorcycle:

Be sure to wear a quality helmet and eye protection.

Motorcycle Crash in Thibodaux

April 12, 2021 | by Broussard, David & Moroux

Last month, the Thibodaux Police Department responded to an accident involving a motorcycle and a motor vehicle. The accident occurred when the driver of the motor vehicle failed to yield to the oncoming motorcycle, and improperly turned left in front of the motorcycle causing it to strike the vehicle head on. Though the driver of the motorcycle was wearing a helmet, he sustained critical injuries after being ejected during the crash and was taken to a local hospital for treatment.

Accidents can happen at anytime and anywhere. When operating or riding on a motorcycle, it is always important wear a helmet and other protective gear, but vigilance is the best way to avoid crashes and injuries. To help ensure the safety of yourself and others, always remember to practice safe driving and stay attentive of other drivers, especially motorcyclists.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. 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).

What Comes Next – A Glimpse into The Post-Accident Legal Process

March 26, 2021 | by Broussard, David & Moroux

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.

Two Dead After Vehicle Hit By Train

June 7, 2016 | by Broussard, David & Moroux

Two Baton Rouge siblings were killed last week when their vehicle was struck by an oncoming train. Byron Henderson, 41, and Myra Henderson, 42, were driving their SUV westbound on Dorcy Road in White Castle, LA when it came to a complete stop while atop of the railroad tracks. The crossing is not outfitted with warning lights or crossing guards.

Union Pacific, the owners and operators of the train, allege that the train’s horn was blown continuously for forty seconds prior to the collision. The Iberville Sheriff’s Office is still looking into why the vehicle was parked on the railroad tracks. Investigators are hoping that footage from the train’s front-mounted cameras will shed more light on this event.

Union Pacific is cooperating with the Sheriff’s Office by conducting their own investigation into the events of that day. While it is not currently know what speed the train was traveling at the time of impact, Union Pacific spokesperson Jeff DeGraff confirmed that their trains’ speed is limited to 60 mph in that area.

Authorities Still Investigation Cause of Deadly Crash

May 24, 2016 | by Broussard, David & Moroux

A two-car collision in Baton Rouge last Saturday resulted in the death of a Memphis man and an injured local preacher.

George Mabon and Reverend John Pitzer were passengers in a Mercedes when it was stuck at the intersection of South Acadian Thruway and North Boulevard. Authorities believe that a southbound Nissan ran the red light and struck the back of the west-traveling Mercedes. Pitzer suffered fractured ribs and was transported to a local hospital. Mabon did not survive the crash.

The unidentified Nissan driver has yet to be charged, pending an ongoing investigation that involves accident reconstruction and the driver’s blood test. However, charges have already been filed on the driver of the Mercedes, John Baur of Memphis, after officers observed visible signs of intoxication at the time of the accident. Responding officers reported that Baur’s eyes were red, his balance unsure, and his breath and person smelled of alcohol. A field sobriety test was conducted and Baur’s blood-alcohol level registered 0.13 percent. In Louisiana, a blood-alcohol content of 0.08 percent or higher is considered presumptive evidence of drunk driving. Baur was booked on counts of first-offence DWI and reckless operation, with other possible charges pending.

Duck Commander, Inc. and State of La. Sued for Woman’s Death

April 26, 2016 | by Broussard, David & Moroux

Duck Commander Inc., the company behind Duck Dynasty, and the Louisiana Department of Transportation and Development have been named defendants in a lawsuit filed by Jennifer Young, the mother of Madison Welch.

Filed in St. Martin Parish, the suit maintains that Madison Welch’s accident was not simple user error, but rather the result of an 18-wheeler operated “by agents, employees and/or licensees of Duck Commander Inc.” cutting into Welch’s lane and forcing her off the road. This allegation evidently arises from a phone conversation Welch was engaged with at the time of the incident. The friend who was on the other end reported that Welch exclaimed something about a nearby truck and then the line went silent. Shortly after being told by the friend of what occurred, Welch’s family was notified of the accident. Welch’s Toyota Tacoma left the road and flipped, ejecting her. Welch later succumbed to her injuries and died.

Young’s case additionally relies on the testimony of William Kirksey, who claimed to have witnessed the entire event and was one of the first people on the scene. Kirksey stated that two 18-wheelers were exiting the freeway at the same time as Welch. Both were in line, but at one point, one of them swerved into Welch’s lane, apparently causing her to veer off the road.

Crash on Lake Pontchartrain Bridge HospitalizesTwo, Forces 90-Minute Closure

February 23, 2016 | by Broussard, David & Moroux

A collision on the Lake Pontchartrain Bridge caused a 90-minute closure and left two women with moderate injuries last Friday.

Alvin Kimbrel of Belle Chasse was cited for careless driving after failing to recognize a vehicle as stalled in the right lane of the southbound side of the highway. Kimbrel’s Ford F250 hit the other vehicle, a Dodge Ram containing driver, Alicia Lee, and passenger, Kala Perkins, at 65 miles per hour. The force of impact pushed the Ram approximately 434 feet and caused it to catch fire, according to authorities. The two women were aided in escaping the burning vehicle by a state trooper who was near the scene at the time.

According to reports, the Dodge Ram had experienced engine failure while on the Bridge and had coasted to a stop. Despite having its emergency flashers activated, Kimbrel failed to recognize that the vehicle was stopped and thus did not take evasive action. Kimbrel’s Ford flipped and landed on its wheels, blocking the remainder of the highway.