Articles Posted in Car Wreck

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On March 16, 2011, a 39 year old Galliano, Louisiana woman was killed and her passenger critically injured, at the intersection of Louisiana 3161 and Louisiana 3235 in Cut Off, Louisiana, when the Lafourche Parish woman failed to yield to oncoming traffic and turned left in front of an 18 wheeler.

Under Louisiana law, a left turning motorist is presumed to be at fault if the collision occurs in the favored lane of travel. A high burden is placed on the left turning motorist to exculpate himself or herself from civil liability for injuries and damages caused by the left turn.
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18 wheeler, truck, or big rig accidents are all too common on Louisiana’s roads and highways. Be careful when traveling near a big truck. If you are behind a big rig, remember that if you can not see the driver’s mirrors, the driver can not see you. Remember that an 18 wheeler takes a lot longer to stop than a normal vehicle so do not stop short or pull in front of an 18 wheeler and then suddenly slow down–it’s a recipe for disaster.
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In Sensebe v. Canal Indemnity Company, 2010-0703 (La. 1/28/2011), the Louisiana Supreme Court held that an “automobile business” exclusion in a Farm Bureau insurance policy violates Louisiana’s public policy of requiring insurance coverage as expressed in the Louisiana Motor Vehicle Safety Responsibility Law, La. R.S.32:851 – 1043. Specifically, the Court found that the “automobile business” exclusion conflicts with the “statutory omnibus clause” contained in La.R.S. 32:900(B)(2), which requires coverage for all permissive drivers.

See also Marcus v. Hanover Insurance Company, 1998-2040 (La. 6/4/99), 740 So.2d 603, 606, wherein the Louisiana Supreme Court struck down a “business use” exclusion as being in direct conflict with the statutory omnibus clause.
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An Oakdale, Louisiana man was severely injured in a one vehicle crash on U.S. Highway 165 around Alexandria, Louisiana, on January 3, 2011. The man was traveling northbound on US 165 when he lost control of his SUV and exited the highway to the right before over steering to the left and colliding with a guardrail, and then traveling back to the right and rolling over.

It is believed that a medical condition may have played a role in the accident. If the Oakdale man had injured someone else in the wreck, he may have been able to assert momentary loss of consciousness as a defense to a claim against him.
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By Act 75 of the 2010 Regular Legislative Session, Louisiana Revised Statute 9:2800.17 was enacted to provide as follows for liability for the diminution in the value of a damaged vehicle:

Whenever a motor vehicle is damaged through the negligence of a third-party without being destroyed, and if the owner can prove by a preponderance of the evidence that, if the vehicle were repaired to its preloss condition, its fair market value would be less than its value before it was damaged, the owner of the damaged vehicle shall be entitled to recover as additional damages an amount equal to the diminution in the value of the vehicle. Notwithstanding, the total damages recovered by the owner shall not exceed the fair market value of the vehicle prior to when it was damaged, and the amount paid for the diminution of value shall be considered in determining whether a vehicle is a total loss pursuant to R.S. 32:702.

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The Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. was selected for first tier (those firms that scored within a certain percentage of the highest scoring firms) inclusion in the 2010 inaugural rankings of U.S. News – Best Lawyers “Best Law Firms”, in the practice areas of Personal Injury Plaintiffs and Product Liability Plaintiffs. “The selection involved surveying thousands of law firm clients; leading lawyers and law firm managers; partners and associates; and marketing officers and recruiting officers. Each were asked what factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment.”

“Client and lawyer surveys collected mostly reputational data. Using a scale of 1 (weakest) to 5 (strongest), clients voted on expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to a firm. Lawyers voted on expertise, responsiveness, integrity, cost-effectiveness, and whether they would refer a matter to a firm and whether they consider a firm a worthy competitor.”

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The Fourth Circuit Court of Appeal in Guillot v. DaimlerChrysler Corp., 2008-1485 (La. App. 4 Cir. 9/24/10), upheld awards of $2,775,000 to a mother and $2,100,000 to a father for the death of their 17 day old brain damaged baby who was surgically removed from the mother’s abdomen following an accident, and was removed from life support 17 days later. The mother was pinned between the vehicle door and a brick column when the defective Jeep Cherokee rolled backwards.

The Court of Appeal reasoned as follows: “We do not find that the trial court abused its vast discretion with respect to the general damage award, nor do we find that the award shocks the conscience. It is indisputable that the unique facts of this case are extraordinarily tragic. Additionally, the Louisiana Supreme Court has held that ‘[t]he determination of the severity of mental anguish of distress resulting from the death of another is a fact question which depends upon several components, including, but not limited to, the closeness of the ties between the parties, the degree of love in the relationship, and the length of the relationship.’ Herbert v. Webre, 2008-0060 (La.5/21/08), 982 So.2d 770, n. 7 (citing Hill v. Shelter Mut. Ins. Co., 05-1783 (La.7/10/06), 935 So.2d 691, 695).”

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Effective January 1, 2010, Louisiana’s Compulsory Motor Vehicle Liability Security Law requires every motor vehicle registered in Louisiana to be insured with minimum limits of 15/30/25. La.R.S. 32:900.

15 = per person maximum for bodily injury or death in one accident

30 = maximum for bodily injury or death to two or more persons in one accident

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Louisiana State Police issued a reminder to Louisiana motorists to “drive with care and be especially aware of school zone speed limits, school buses loading or unloading children, and children walking or biking to school.” Most school zones and reduced speed limits are in effect from 7:00 am to 9:00 am and 2:00 pm to 4:00 pm.

Louisiana State Police also remind Louisiana motorists that they must stop not less than thirty feet from a stopped school bus and wait for the bus lights to be turned off before proceeding. Passing a stopped school bus that is picking up or dropping off a child can result in substantial violations including suspension of your driver’s license.
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A Kinder, Louisiana man on a Honda three-wheel motorcycle was killed on August 26, 2010 on U.S. Highway 165, when a 2004 GMC truck operated by a Lake Charles man allegedly made an illegal left turn across the motorcycle’s path from the shoulder of the highway in an attempt to access a cross-over.

All too often motorcycle operators are injured or killed because vehicle operators “did not see” the motorcycle.” This is no excuse. Vehicle operators are required to keep a proper look out and see all other vehicles on the road, including motorcycles.
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