Articles Posted in Truck Accidents

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At the 2024 Annual Meeting of the Louisiana Association for Justice (LAJ), B. Scott Andrews was selected as the 2024-2025 LAJ President-Elect.  Andrews has spent his entire legal career as an attorney with Baton Rouge-based Dué Guidry Piedrahita Andrews Courrege L.C., a BSA-headshot-1-150x150boutique law firm focused on complex personal injury and wrongful death cases throughout Louisiana. Martindale-Hubbell AV-rated, Andrews has a history of service to LAJ and is a two-time recipient of LAJ’s President’s Award.  A 1996 graduate of the LSU Law Center, Andrews was a member of the Louisiana Law Review, Order of the Coif and LSU Law Center Hall of Fame. A long-time Southern University Law Center adjunct professor of law, Andrews taught Advanced Louisiana Torts, Advanced Legal Analysis and Writing, Insurance Law, and Products Liability.

Andrews has earned recognition for his accomplishments from Super Lawyers’ 2020 Top 50 Lawyers in Louisiana, Best Lawyers in America©, America’s Top 100 High Stakes Litigators, The National Trial Lawyers Top 100 Trial Lawyers, Baton Rouge Business Report Forty Under 40, and others. Andrews is a longtime member of the Louisiana State Bar Association’s House of Delegates and served on its Legislation and Ad Hoc Legislation Advisory committees. He is a former Wex Malone American Inn of Court president.

A Jonesboro-Hodge native, Andrews is a 1992 graduate of Northwestern State University in Natchitoches, where he was Student Government Association president. His commitment to NSU continued after graduation and includes service as a board member and past-president of the NSU Foundation Board of Directors and as a member of NSU’s Beacon Society.

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During a 2016 declared state of emergency due to flooding, a Louisiana Department of Public Safety and Corrections Master Sergeant was supervising inmates engaged in sandbagging activities. While transporting sandbags and several inmates in a loaded state-owned pick-up truck, the DPSC employee hit a water-filled hole in the roadway, causing injury to the inmates.

The inmates sued the DPSC and its employee for damages. These defendants moved for summary judgment because La. R.S. 29:735(A)(1) provides immunity to the State, its agencies, and political subdivisions for injury or death resulting from emergency preparedness activities. Representatives and employees of the State, its agencies, or political subdivisions are also immune unless they engage in “willful misconduct.”

The Louisiana Supreme Court held “as a matter of law” that the DPSC employee’s actions in overloading the truck with sandbags, struggling to maintain control of the truck, looking at his phone while driving, and wearing sunglasses did not rise to the level of willful misconduct.  The Supreme Court defined “willful misconduct” as follows:

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Kirk-and-Scott-BR-150x150Kirk A. Guidry and B. Scott Andrews of the boutique law firm, Dué Guidry Piedrahita Andrews Courrege L.C., were selected once again by their peers for inclusion in the 2021 Edition of The Best Lawyers in America© in the Baton Rouge, Louisiana litigation practice areas of Personal Injury Litigation-Plaintiffs and Product Liability Litigation-Plaintiffs.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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HighStakes-2020-150x150B. Scott Andrews of the Baton Rouge, Louisiana boutique law firm of Dué Guidry Piedrahita Andrews Courrege L.C. has been selected among America’s Top 100 High Stakes Litigators® in Louisiana for 2020.  Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.

To be initially considered for selection, a plaintiff personal injury attorney must have litigated a matter with at least $2,000,000 in alleged damages at stake.  Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.

According to America’s Top 100 Attorneys, only the top 100 qualifying attorneys in each state are selected for membership among America’s Top 100 High Stakes Litigators®.  Because of the extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States receive this honor — truly the most exclusive and elite level of attorneys in the community.

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The Louisiana Supreme Court, in Blair v. Mary Coney, 2019-00795 (La.4/3/20), affirmed the trial court’s order excluding the expert opinion testimony of Dr. Charles E. “Ted” Bain because it was not based on sufficient facts or data.

According to the Supreme Court opinion, Dr. Charles E. “Ted” Bain is an injury causation consultant and partial owner of Biodynamics Research Corporation (“BRC”). Dr. Bain obtained a degree in nuclear engineering, but has never been licensed as a professional engineer. Dr. Bain received his medical degree in Canada and practiced in emergency medicine and family medicine. Dr. Bain completed three weeks of Traffic Accident Reconstruction Courses.

In 2014, George Blair filed a lawsuit in Louisiana for injuries he allegedly sustained in a car wreck. In an effort to disprove a causal connection between the alleged injuries and the wreck, the defendants hired Dr. Bain as an expert witness in the areas of biomechanics, injury causation analysis, and accident reconstruction. Dr. Bain issued a report concluding that the low speed rear-end collision subjected Mr. Blair to minimal forces and accelerations that would not cause serious or long-lasting injuries.

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Seatbelt-150x150Shortly after 7:00 a.m. on September 18, 2019, a two vehicle wreck involving a big rig occurred on US Highway 61 or Airline Highway in St. John the Baptist Parish. The fatal big rig wreck took the life of an unbelted 27-year-old resident of Reserve, Louisiana.

The 27-year-old was driving a 2018 Chevrolet Cruze southbound on Terre Haute Road in an attempt to cross Airline Highway.  A 2020 Kenworth 18-wheeler was traveling southbound on Airline Highway.  As the Chevrolet Cruze crossed Airline Highway, it was impacted on the passenger side by the big rig. The 27-year-old driver of the Chevrolet Cruze was not restrained and sustained severe injuries in the wreck.  She died at a local hospital.

While the Louisiana Highway Regulatory Act requires the use of seat-belts, La.R.S. 32:295.1(E) provides that in any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a seat-belt shall not be considered evidence of comparative negligence. Failure to wear a seat-belt shall not be admitted to mitigate damages.

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Yield-the-Right-of-Way-150x150Louisiana Revised Statute 32:123 provides that a driver shall yield the right of way to all vehicles which have entered an intersection from another highway or which are approaching so closely on said highway as to constitute an immediate hazard.  Failing to yield to the favored motorist can have devastating consequences, as was the case on September 12, 2019 in Calcasieu Parish when a two-vehicle wreck claimed the lives of two Sulphur, Louisiana residents.

Around 8:00 p.m., a 2019 Kia Rio traveling east on Louisiana Highway 108 failed to yield while turning left onto Louisiana Highway 27 near Sulphur, Louisiana.  The Kia Rio turned left into the path of a westbound 2014 Ford F-150 resulting in the fatal wreck.  The driver and passenger in the Kia Rio were pronounced dead at the scene.  The driver of the F-150 sustained moderate injuries.

Under Louisiana law, the left-turning driver who fails to yield is presumed to be at fault for the wreck and is responsible for all damages that follow, including for the wrongful death of a passenger.  Louisiana Civil Code Article 2315.2 provides that a Louisiana wrongful death claim can be brought by the deceased’s (1) spouse and children, or if none, (2) by the parents, or if none, (3) by the siblings, or if none, (4) by the grandparents.  The right to bring a Louisiana wrongful death claim prescribes one year from the death of the deceased.

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Scott Andrews was recently selected by his peers for the fourth time for inclusion in The Best Lawyers in America© in the practice area of Plaintiff Personal Injury.   Scott Andrews is a member of the Baton Rouge, Louisiana injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., specializing in wrongful death and serious personal injury cases.

First published in 1983, Best Lawyers® has become universally regarded as a definitive guide to legal excellence.  Best Lawyers lists are compiled based on an exhaustive peer-review evaluation with nearly 87,000 industry leading lawyers from around the world eligible to vote.  For the 2019 Edition of The Best Lawyers in America©, 7.8 million votes were analyzed, which resulted in almost 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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Dué Guidry Piedrahita Andrews Courrege L.C. attorney Kirk A. Guidry was recently recognized by his peers in Best Lawyers as the 2019 “Lawyer of the Year” for Product Liability Litigation – Plaintiffs in the Baton Rouge area.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

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Car accidents can happen almost anywhere and can involve a wide variety of persons, including individuals who are working at the time of the crash. No two car accidents are exactly the same, which is why it is critical to have an experienced Louisiana car accident lawyer on your side.

In a recent court case, the plaintiff was injured in a car accident involving the driver of an ambulance, which was a company vehicle. The plaintiff filed a lawsuit seeking compensation from the defendant for his injuries and expenses. According to the complaint, the plaintiff alleged that the defendant failed to yield the right of way at a red light. In response to the complaint, the defendant alleged that he had engaged the ambulance’s lights and siren and that, according to Louisiana law, he had the right of way despite the red light. He relied on the emergency responder statute to argue that he was entitled to qualified immunity in the lawsuit and that as a result he could not be held liable.

The defendants filed a motion for summary judgment, relying on the same statute. They cited the provision stating “the driver of an emergency vehicle can be held liable only if his conduct amounts to reckless disregard for the safety of others.” The trial court denied this motion, and the case proceeded to a jury trial. During this trial, the plaintiff was asked to explain what happened as he approached the intersection. He testified that he heard something, but he was not sure at the time whether or not it was an ambulance. He indicated that there was a large truck next to him coming to a stop but that he did not see anything, so he proceeded with the green light.

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