Articles Posted in Motorcycle Accidents

| by

BATON ROUGE–Eleven neighbors of the Monolyte Labs Inc. chemical facility in Slaughter, Louisiana filed a lawsuit in the 19th Judicial District Court in Baton Rouge on September 24, 2013 for injuries and damages that resulted from the November 9, 2012, explosion and fire that destroyed the facility and required a middle-of-the-night evacuation of residents from their homes.

The residents, represented by the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. are experiencing a range of symptoms resulting from the blaze and subsequent protracted and continuing cleanup of the site. The fire destroyed the facility, which blended various toxic chemicals for use in the water treatment industry. The Louisiana Department of Environmental Quality had to repeatedly issue orders to owners of the facility to clean up the extensive chemical release and spill that resulted from the fire. Extremely strong chemical odors permeated blocks around the plant site for months following the explosion and fire.

Plaintiffs have experienced respiratory and other ailments since the incident. The five-year-old daughter of a couple whose home was near the Monolyte facility has required more than 20 trips to doctors and hospitals–some by ambulance–for treatment of respiratory problems since the Nov. 9 fire and release of chemicals. The lawsuit also claims losses other than physical injuries, such as diminished property values.

Continue reading

| by

Louisiana Revised Statute 9:5629 provides that actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to UM provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained.

A timely filed suit against the tortfeasor interrupts prescription against the UM insurer because they are solidary obligors. Hoefly v. Government Employees Ins. Co., 418 So.2d 575 (La.1982).

A liability insurer and a UM insurer are not solidary obligors, so suit against the liability insurer does not interrupt prescription against the UM insurer. Rizer v. American Sur. & Fid. Ins. Co., 669 So.2d 387 (La.1996).
Continue reading

| by

Louisiana’s No Pay / No Play statute, provides that an owner or operator of a motor vehicle who fails to own or maintain compulsory motor vehicle liability security can not recover for the first $15,000 of bodily injury damages and for the first $25,000 of property damage caused by a motor vehicle accident, unless the driver of the other vehicle:

(i)  Is cited for a violation of R.S. 14:98 (DWI/DUI) as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.

(ii)  Intentionally causes the accident.

(iii)  Flees from the scene of the accident.

(iv)  At the time of the accident, is in furtherance of the commission of a felony offense.
Continue reading

| by

Louisiana Revised Statute 32:900 provides for the minimum compulsory auto liability insurance limits:

$10,000 per person / $20,000 per accident regardless of the number of persons (prior to January 1, 2010)

$15,000 per person / $30,000 per accident (effective January 1, 2010)

$25,000 per person/ $50,000 per accident for intrastate motor carriers (except tow trucks, not for hire farm vehicles, and forestry vehicles) weighing 20,001 – 50,000 pounds
$300,000 combined single limit for all persons or 100/300 for intrastate motor carriers (except tow trucks, not for hire farm vehicles, and forestry vehicles) weighing more than 50,000 pounds
For interstate carriers, federal provides the following minimim limits:

Property–49 C.F.R. § 387.9– (1) Property/Dry Freight: $750,000; (2) Oil/Petroleum: $1,000,000; (3) Hazardous Materials: $5,000,000;

Passengers–49 C.F.R. § 387.33– (1) Seating for 15 or less: $1,500,000; (2) Seating for 16 or more: $5,000,000.
Continue reading

| by

Bodily Injury Liability (BI)
If an insured person is legally liable for an accident, BI coverage pays for injuries/death to people involved in the accident other than the insured driver. BI also pays for legal defense costs if you are sued.

Property Damage Liability (PD)
If an insured person is legally liable for an accident, PD coverage pays for damage to other persons’ property resulting from the accident. PD also pays for legal defense costs if you are sued.

Collision (optional)
When your insured vehicle overturns or collides with another object, collision coverage pays for the damage to your vehicle, regardless of who is at fault. Collision coverage also may extend to a non-owned vehicle or one rented for personal use that is in your custody or that you are operating.

Comprehensive (optional)
If your insured vehicle is damaged due to an event other than a collision, comprehensive coverage will pay for the damage. This includes damages from fire, theft, windstorm, flood and vandalism.

Roadside Assistance/Towing
Roadside Assistance provides services such as towing, flat tire change, locksmith service and battery jump-start.

Rental Reimbursement
Rental Reimbursement provides rental car coverage in the daily rental amount limit purchased.

Medical Payments (Med Pay)
Med Pay pays for medical and funeral expenses for covered persons, as a result of an auto accident.

Uninsured/Underinsured Motorist Liability (UM)
If a driver or owner of a vehicle does not have insurance, or does not have enough, and is legally liable for an accident, you can use UM coverage for injuries, including death, that an insured sustains, up to the limits you select.

Economic Only UM
Covers only economic loss, i.e. medical, funeral, and lost wages. Excludes noneconomic loss which is any loss other than economic loss and includes but is not limited to pain, suffering, inconvenience, mental anguish, and other noneconomic damages otherwise recoverable under the laws of Louisiana.

Uninsured/Underinsured Property Damage (UMPD)
If a driver or owner of a vehicle is legally liable for an accident but does not have insurance or does not have enough insurance, you can use UMPD to cover damage to your insured vehicle, up to the limits you select. UMPD is available as an alternative to collision coverage for PD caused by other persons’ fault.
Continue reading

| by

Sitting en banc, the Louisiana Third Circuit Court of Appeal recently affirmed the highest general damage award to a minor child for the wrongful death of a parent in Louisiana. The jury awarded $2.5 million in general damages to the minor boy for the devastating loss of his non-custodial mother, with whom he had a close relationship. The Louisiana Third Circuit Court of Appeal approved the following separate elements of wrongful death general damages and explained how each was different from the other:

1) Past, present and future mental anguish, grief and anxiety
2) Past, present and future loss of love and affection
3) Past, present and future loss of society, services and consortium

Mental anguish and grief refers to the pain, discomfort, inconvenience, anguish, and emotional trauma that accompany the injury. This includes the initial shock, anxiety, and distress that a minor child experiences as a result of the loss of a parent. Put another way, grief is the presence of an emotion as a result of a loved one’s death.

Loss of love and affection, on the other hand, goes beyond the initial grief and emotional trauma. These damages compensate the minor child for the enduring and irreversible loss of his parent. While grief and anguish will wane over time, the minor child will always feel the absence of the traditional characteristics of the parent-child relationship. Loss of love and affection is the absence of an experience; specifically, the absence of a love previously bestowed.

The factors for loss of consortium include loss of society and companionship, loss of support and family income, and loss of performance of material services, including educational and household help for children.

Rachel v. Brouillette, 12-794 (La.App. 3 Cir. 3/13/13), 111 So.3d 1137, 1142-43, writ denied, 2013-0690 (La.5/3/13), 113 So.3d 217 (Affirming the jury’s general damage award of $1 million for past, present and future mental anguish, grief and anxiety; $1 million for past, present, and future loss of love and affection; and $500,000 for loss of society, services and consortium. An additional $300,000 award for loss of support was also affirmed.).

Prior to Rachel, $750,000 was the highest general damage award ever affirmed by a Louisiana court for the wrongful death of a minor child’s parent. See Raymond v. Gov’t Employees Ins. Co., 09-1327 (La.App. 3 Cir. 6/2/10), 40 So.3d 1179, writ denied, 10-1569 (La.10/8/10), 46 So.3d 1268.
Continue reading

| by

In Louisiana State Police Troop G, 27 fatal crashes were investigated in 2012, with 22% of those Louisiana auto accidents involving impaired drivers.

Louisiana’s DUI or DWI laws apply to operators of motor vehicles, aircraft, watercraft, vessel, or other means of conveyance. Under Louisiana law, La.R.S. 13:98.1, an operator or driver under the age of 21 found to have a blood alcohol concentration (BAC) of .02 or more will be charged with DWI. Under La. R.S. 13:98, an operator or driver over the age of 21 found to have a BAC of .08 or more will be charged with DWI.

Under La. R.S. 9:2798.4, if an accident occurs, no person is liable for the injury, death, or loss of the operator or driver of a motor vehicle, aircraft, watercraft, or vessel if he/she is found to be in excess of 25% negligent as a result of his/her BAC being in excess of .08, and the negligence was a contributing factor causing the damage.

In order to combat drunk driving and with the support from the Louisiana Highway Safety Commission, the Louisiana State Police will conduct a DWI checkpoint in Bienville Parish, Louisiana, on June 19-20, 2013, at an undisclosed location. The DWI checkpoint will be conducted from approximately 10:30 p.m. to 12:30 a.m.
Continue reading

| by

LOOK OUT FOR MOTORCYCLES!!!

According to performance measures developed by the National Highway Transportation Safety Administration (NHTSA) and The Governor’s Highway Safety Association, 80 motorcyclists were killed in Louisiana accidents in 2011, 59 of whom were helmeted. On June 15, 2013, another fatal motorcycle accident occurred on Louisiana Highway 1065 in Tangipahoa Parish. A Tangipahoa Parish, Louisiana motorcyclist was killed when a an oncoming pickup truck allegedly made an illegal left turn into a private driveway on Louisiana Highway 1065 near its intersection with Louisiana Highway 442 in Tickfaw, Louisiana. The motorcycle crashed into the side of the pickup truck and, despite wearing a helmet, the rider was pronounced dead at the scene.
Continue reading

| by

Louisiana State Police investigated the ninth auto accident fatality of the year in Troop D yesterday in Beauregard Parish, Louisiana. According to the LSP news release, a truck driven by an unbelted DeRidder man crossed the center line of Louisiana Highway 26. An oncoming SUV took evasive action, but was unable to avoid a collision into the belted driver’s door. The truck flipped several times, ejecting the unbelted driver who was pronounced dead at the scene. The belted driver of the SUV sustained moderate injuries. According to the news release, eight of the nine auto fatalities in Troop D were of unbelted drivers.

Nationwide statistics show that for SUV, pickup, and van occupants, seat belts reduce the risk of fatal injury by 60%. And, while air bags can save lives of belted occupants, they can actually make injuries much worse for unbelted occupants. The Baton Rouge, Louisiana accident and injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. encourage everyone to buckle-up and to remember that most fatal crashes happen within 25 miles from home.
Continue reading

| by

Louisiana Trial Lawyer, B. Scott Andrews, of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., has been selected for membership in The National Trial Lawyers Top 100 Trial Lawyers. Scott Andrews is already a 2012-2013 member of The National Trial Lawyers Top 40 Under 40.

The National Trial Lawyers is a member-driven organization composed of premier trial lawyers from across the country who meet stringent qualifications as civil plaintiff trial lawyers. Through educational and networking opportunities, the organization strives to help its members build law practices which encompass superior knowledge, skill, experience and success.

Only top trial lawyers from Louisiana who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. Prospective members of The National Trial Lawyers are carefully screened prior to receiving an invitation for membership. Membership is not automatically renewed; attorneys are reevaluated annually to determine whether their activities and accomplishments qualify them for continued membership.
Continue reading