When a New Orleans personal injury auto accident occurs, the driver who is at fault is responsible for paying any damages arising from the collision. While which driver is responsible is usually a question of fact that must be decided by a judge or jury, it helps the injured party’s case if he or she was struck from behind. This is because in Louisiana, a following motorist is presumed to be negligent if he or she collides with the rear of the leading vehicle. When this situation occurs, it is assumed that the rear driver either did not leave sufficient space between the vehicles to allow for making a safe stop under normal driving conditions, or failed to pay proper attention to the events taking place ahead. Because of this presumption, instead of the injured party having to prove the rear driver was negligent, the burden is placed on the…Read More
Most personal injury automobile accidents that occur on New Orleans’ streets are not the responsibility of the government. While the laws of Louisiana require the Department of Transportation and Development to keep roads and shoulders in a reasonably safe condition, they are not responsible for guaranteeing the safety of everyone who uses a public roadway. In cases where personal injury accidents have been caused by a road that had been constructed or maintained in a way that was not reasonably safe for motorists, however, the injured party may be able to pursue damages. Louisiana Revised Statute 48 § 35 requires the Department of Transportation and Development to adopt minimum safety standards with respect to highway and bridge design, construction and maintenance. The safety standards are modeled upon those approved by the American Association of State Highway and Transportation Officials. Generally, if the department complies with these minimum safety standards, they…Read More
When a client has been injured in an automobile accident, one of the first things New Orleans personal injury attorneys explore is what insurance coverage is available to compensate the injured party. Louisiana law requires all drivers to carry a minimum level of Bodily Injury Liability coverage of $15,000 per injured person and $30,000 per accident. When the driver who caused the injury is uninsured or the responsible party does not carry enough insurance to compensate for the injuries, uninsured/underinsured motorist coverage also may provide coverage. Louisiana law has a unique approach to uninsured/underinsured motorist coverage. Motorists are not absolutely required to purchase it, but they are presumed to have done so unless they specifically reject the coverage. There is a form that the individual purchasing automobile insurance must sign stating that they reject the coverage. If this form has not been signed and an injured person seeks compensation under this…Read More
The growing popularity of texting has led to an increase in personal injury accidents caused by texting drivers. In response to these accidents, Louisiana first banned texting while driving in 2008 and took steps to strengthen that ban earlier this year. While this may seem a logical step in keeping our roads safer, New Orleans drivers should be aware that a recent study calls into question the effectiveness of this ban. This year, the Highway Loss Data Institute – a non-profit organization that conducts scientific studies of insurance data – compared insurance claims for vehicles damaged in crashes before and after a full texting ban was instituted in four states, including Louisiana. Data was also collected from nearby states where the texting law had not changed for use as a comparison and to control for other factors. Surprisingly, the study found that following the texting ban for all drivers, crashes…Read More
When the employee of a New Orleans business causes an injury, Louisiana State Law places vicarious liability on the employer if the employee was in exercise of the functions in which he or she is employed. Three elements must be shown to impose vicarious liability on the employer. First, there must be an employment relationship. This is typically measured by a control test that asks if the employer could have exercised control over how the employee’s work at the time was done. Second, the employer will be liable for his employee’s negligent acts if the acts are within the course and scope of employment. When deciding this issue, courts examine whether the employee’s conduct that led to the injury is so closely connected in time, place, and purpose to his or her work duties that it should be regarded as a risk fairly attributable to the employer’s business. If the…Read More
Our home owner’s automobile insurance company refuses to pay the surmounting medical bills because this was a hit-and-run accident which he was not at fault. I need your help!! What are our rights? Insurance companies are in business to make money and a way they can help increase the bottom-line is to deny claims. The Insurance Company has an attorney…. and you should get one too. Contact an experienced personal injury attorney who can advise you regarding the proper steps that you should take to protect your legal rights. If you have questions about personal injury law, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
The potential for a sleep-deprived truck driver to cause a severe personal injury accident is obvious. Given the large number of trucks traveling the highways of New Orleans on a daily basis, we all have an interest in ensuring truck drivers are as alert and vigilant as possible. The Medical Review Board of the Federal Motor Carrier Safety Administration (FMCSA) – a panel of five physicians that advises the FMCSA on medical issues – has been advocating increased evaluation of sleep apnea in drivers for several years. The FMCSA now has taken a step forward in addressing this condition among truck drivers. Sleep apnea is a medical condition which causes abnormal pauses in breathing while asleep. These pauses disrupt normal sleep. According to members of the Medical Review Board, sleep apnea may lead to chronic fatigue, reduced reaction time, lapses in attention and distractibility. Operating a truck under such conditions…Read More
Any New Orleans personal injury attorney will tell you that as the popularity of texting has spread, there has been a significant increase in motor vehicle accidents caused by texting while driving. Most people believe that this is problem largely associated with teenage drivers – probably because we think of teenagers as glued to their cell phones. A recent survey conducted by AT&T, however, indicates that it may be adults who are the worst offenders when it comes to this dangerous practice. Nearly 50{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of adults in the survey admitted that they had texted while driving, compared to only 43{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of teenagers. Both of these numbers are extremely high given the risk of causing a personal injury accident. More than 98{d37eae5b8410ed8fb22098597e6ecfa689963c7e8a6548fdf24949bed3e82123} of the adults surveyed admitted that they knew it was wrong, but many of them are doing it anyway. Six out of ten of the adults also stated that…Read More
New Orleans personal injury accidents involving large trucks lead to some of the most devastating injuries of any motor vehicle accidents. While certain forms of crash-avoidance technology have been available on high end motor vehicles for years, truck manufacturers and the federal government have only begun to evaluate how this technology may help reduce serious injuries and death arising from truck accidents. The National Highway Traffic Safety Administration (NHTSA) has proposed that large trucks and buses be required to have an electronic stability control (ESC) system. According the NHTSA’s studies, ESC systems may prevent up to 56 percent of rollovers and 14 percent of crashes caused by loss of control. This translates into approximately 858 fewer injuries and about 60 fewer deaths in truck accidents every year. The Federal Motor Carrier Safety Administration (FMCSA) also has been involved in analyzing the effectiveness of different crash-avoidance systems when applied to tractor…Read More
As gasoline-electric hybrid vehicles and fully electric vehicles have become increasingly popular, the pedestrians and bicyclists of New Orleans have had to tread more carefully to avoid a personal injury accident. These vehicles generate much less noise than their gas-guzzling counterparts, so much so that they have actually been found to pose an increased hazard to these pedestrians and bicyclists. This is particularly true for people who are visually impaired and rely upon the sound of approaching vehicles when, for example, waiting to cross the street. In response to this problem the National Highway Traffic Safety Administration (NHTSA), has proposed a new set of standards for hybrid and electric vehicles that would require them to artificially emit additional noise when driven at speeds less than 18 mph. The proposed new rules have been submitted to the Federal Register, where the public may read the full proposal and offer comment before…Read More
