Louisiana Lawyer Blog

Reports show Lafayette “red-light cameras” have reduced accidents

March 15, 2013 | by Broussard, David & Moroux

A recently released report indicates that Lafayette’s “red-light camera” programs have reduced crashes across the city. The report monitored intersections for three years before the cameras were installed and then for three years after the installation of the cameras. By the end of the study, they found that the presence of traffic cameras reduced the number of crashes by 64 percent in the last three years.

Lafayette’s “red-light camera” programs have been controversial since their inception. Many critics have argued that traffic cameras would increase the number of rear-end collisions because drivers would be more likely to slam on their brakes in order to avoid a ticket and fine. However, according to the report, rear-end crashes were also reduced by approximately 80 percent. Overall, this study suggests that “red-light cameras” encourage Lafayette drivers to exercise greater caution at intersections.

Passengers file lawsuits in the weeks after the Triumph disaster

March 8, 2013 | by Broussard, David & Moroux

In the weeks following the Triumph’s return to shore, several passengers have filed lawsuits against Carnival Corporation. In their complaints, passengers allege that Carnival “recklessly and intentionally” risked their lives on board the Triumph. The passengers further allege that Carnival “knew or should have known” that the cruise ship would experience mechanical failure and that it failed to exercise its duty of reasonable care. The passengers are seeking damages for pain and suffering and emotional distress.

The Triumph’s engine caught fire during its voyage in the Gulf of Mexico. The crippled engine left over 3,000 passengers stranded at sea for about five days. Carnival then slowly tugged the ship to shore. Upon reaching shore, several passengers revealed that they were deprived of food, water and access to functioning bathrooms on the ship.

Maritime law governs the claims of passengers who suffer injuries on cruise ships. Most major cruise lines today are registered under the laws of foreign countries. Nevertheless, if a cruise ship departs from a U.S. port, the cruise ship is considered to be a common carrier under the U.S. Shipping Act of 1984. As a common carrier, cruise ships owe a heightened duty of care to their passengers.

Louisiana Second Circuit Defines the Duty of Hospitals in Medical Malpractice Cases

February 13, 2013 | by Broussard, David & Moroux

The Louisiana Second Circuit Court of Appeals clarified the standard of care to be used in medical malpractice cases involving hospitals and their employees. In Crockham v. Thompson, the Second Circuit ruled that hospitals should be held to a national standard of care in actions for medical malpractice. The Second Circuit also found that hospitals are legally responsible for their employees’ negligence, including the negligence of doctors and nurses who are employees of the hospital.

In Louisiana, the Medical Malpractice Act governs patients’ claims for medical malpractice against private health care providers and their facilities. Under this law, a victim’s recovery from a “qualified healthcare provider,” a provider who pays into Louisiana’s Patient Compensation Fund, is capped at $500,000. If a healthcare provider does not contribute to this fund, then the provider does not receive the protection of this cap.

In medical malpractice litigation, a plaintiff bears the burden of proving her case in court. Specifically, a plaintiff must prove that her healthcare provider breached a standard of care. The plaintiff must further prove that this breach caused the injury in question. The standard of care analysis typically asks whether a medical provider exercised the level of skill and knowledge that is comparable to that exercised by members of the profession under similar conditions and circumstances.

Barge Strikes Mississippi River Railroad Bridge

February 6, 2013 | by Broussard, David & Moroux

A barge carrying more than 80,000 gallons of oil hit a railroad bridge Sunday near Vicksburg, spilling oil into the Mississippi River. A second barge was also damaged following the accident. No injuries were reported, and authorities are investigating the cause of the accident.

By its very nature, maritime work is one of the most dangerous industries in America. Statistically speaking, almost all maritime workers will suffer a work-related injury or illness at some point in their careers. In fact, in the United States alone, about 5,000 maritime accidents occur each year.

Federal maritime law recognizes these inherent dangers in the maritime industry and seeks to protect workers who suffer injuries or illnesses at sea. The most important statutes under federal maritime law are the Jones Act, the Longshore and Harbor Workers’ Compensation Act and the Death on the High Seas Act. Depending on which statute applies to a worker’s case, the statute may create a right to obtain specific benefits or automatic compensation. Under the Jones Act and the Death on the High Seas Act, a seaman or a worker’s family may also file a civil action in court against the worker’s employer or the vessel owner.

NYC Ferry Crash Victims Seek Millions in Damages

January 30, 2013 | by Broussard, David & Moroux

In the weeks following the tragic New York City ferry crash, survivors and their families have filed lawsuits against the ferry’s operator under maritime law. More than 70 people were injured in the accident, and several victims remain in intensive care. A new National Transportation Safety Board report details the shocking minutes leading up to the crash.

The plaintiffs include the family of a Wall Street broker who suffered serious injuries in the accident. The family sued the operator for $45 million in damages for his injuries. Other lawsuits have been filed on behalf of a victim who remains unconscious, a victim who suffered a spinal fracture and a victim who suffered a fractured skull. The ferry operator moved to limit its total liability under federal maritime law to $7.6 million, the estimated total value of the damaged vessel.

The Jones Act provides for specific rights to those who qualify for seaman status. However, the Jones Act is not the exclusive means of recovery for individuals who suffer an injury at sea. People like passengers on ferries and cruise ships, who do not qualify for seaman status under the Jones Act, must resort to general maritime law for relief. Although there is no statutory basis for general maritime law claims, many of these claims give vessel passengers the right to recover damages for their injuries under common law theories of liability.

Toyota Motors Agrees to $1.1 billion settlement

January 15, 2013 | by Broussard, David & Moroux

Toyota will pay $1.1 billion to settle a class-action lawsuit brought by millions of car owners. In the suit, car owners alleged they suffered economic loss from negative publicity associated with reports of sudden unintended acceleration in their Toyota and Lexus vehicles.

This lawsuit is one of the first class action suits of its kind because the class did not pursue personal injury or products liability claims. This settlement agreement will affect 16 million owners of Toyota and Lexus cars. The news of Toyota’s willingness to pay this large settlement on economic claims alone may also be a good predictor of Toyota’s intent to settle any personal injury or products liability claims in the future.

Before joining a class action lawsuit, it is important to consider several factors relating to your participation in the suit. A primary benefit of class action litigation is that it can reduce litigation expenses for the individual. In a class action lawsuit, several people share the costs of litigation. Bringing a class action lawsuit can also be a more efficient use of court resources and can ease proof of a defendant’s liability.

Nationwide train accidents stir concern about rail safety

January 8, 2013 | by Broussard, David & Moroux

With reports of four train accidents in two months, the holiday season exposed the dangers and risks of rail travel. In Texas, a freight train tragically crashed into a Veterans Day parade, killing four veterans and injuring 16. A week later, another commercial train derailed in New Jersey when a rail bridge collapsed. Two Amtrak passenger trains also collided with idle vehicles on the tracks in Florida and Michigan.

These four accidents shed light on the issue of railroad safety in the United States. Railroad accidents continue to occur despite stringent federal and state regulations, which require railroad companies to exercise a high duty of care. As the National Transportation Safety Board continues to search for answers in these train accidents, it will be interesting to see if changes will be made to improve rail safety in the future.

In addition to federal and state regulations, most states have laws in place that designate trains as “common carriers,” and an injured rail passenger may have legal recourse under a “common carrier” theory of liability. These laws impose a more stringent duty of safety on railroads. Typically, a common carrier is legally responsible for any damage or loss to passengers, property or goods that are within its possession.

Shreveport man dies in motorcycle collision

January 1, 2013 | by Broussard, David & Moroux

A Shreveport man struck a horse on his motorcycle when the horse suddenly sprinted in front of the man’s motorcycle on a highway. Both the man and the horse died in the accident. Authorities continue to search for the identity of the horse’s owner.

Animals can cause several different types of car accidents. First, a car may swerve to avoid hitting an animal, causing the driver to lose control and crash into another vehicle. On busy highways and rural roads, single-car accidents are also becoming more prevalent. A single-car accident typically takes place when a driver collides with a stray farm animal or wild animal.

An accident involving a stray animal can cause devastating injuries and serious damage. In particular, a collision with a large, idle farm animal, such as a cow or horse, can cause life-changing injuries and even death. However, complicated causation questions create obstacles for the injured to recover just compensation for injuries.

Texas Private Plane Crashes Into SUV During Landing

December 25, 2012 | by Broussard, David & Moroux

A private plane collided into an SUV driving on an airport’s service road in Roanoke, Texas during the pilot’s first solo landing. Both the plane’s pilot and the vehicle’s driver and passenger suffered no life-threatening injuries.

The Federal Aviation Administration is investigating the cause of the accident. This accident is the fourth accident of its kind near the Roanoke airport in the last three months. Two of the prior three accidents tragically resulted in fatalities.

Travelling in a private plane tends to be far more dangerous than commercial flying. All too often, pilot inexperience causes private plane accidents. Commercial pilots undergo advanced training and receive the preparation needed to operate planes in extreme weather and in emergency situations. In contrast, private pilots undergo less training and often lack the experience to handle unexpected changes in weather, equipment failure or emergencies.

Louisiana State Police Report Thirteen Fatal Holiday-Week Crashes

December 18, 2012 | by Broussard, David & Moroux

The Louisiana State Police reported thirteen fatal crashes in Louisiana over the Thanksgiving holiday week. The accidents tragically resulted in fourteen deaths. Two crashes were caused by driver impairment and one crash involved a motorcycle and a pedestrian.

Louisiana law takes a harsh stance on drunk driving. This past legislative session, state lawmakers passed six new laws giving officers several methods to test an individual suspected of driving under the influence of alcohol or drugs. These laws also create harsher penalties for repeat offenders.

Despite the state’s recent crack down on drunk driving, driving under the influence remains a serious problem in the state, especially during the holidays. Impaired driving is a leading cause of fatal motor vehicle accidents in Louisiana. If your loved one was seriously injured or killed in a drunk driving accident, you should speak with a lawyer to learn about your legal rights.