The state is not a guarantor of the safety of motorists using their roads, meaning you must be vigilant and careful while driving. See Thompson v. State of Louisiana, 701 So.2d 952 (La. 1997). But what happens when something falls on your car while you are driving on a public…
Articles Posted in Car Accident
How can an Employer use the Courts to Deny a Family Medical Leave Act Claim?
Summary judgment is a legal standard many courts use when there are not enough facts in dispute to even proceed with a lawsuit. When applicable, this is a good strategy for a defense attorney to use because it purges claims that have no merit, saving time and money. The Fifth…
Insurance Company Refuses Liability in Hit & Run Due to Straw Purchase
Comedian Chris Rock once famously opined that insurance should be renamed, “In-case-of.” You pay for insurance every month “in case of” some unfortunate circumstance occurring. Well, you better have access to an excellent attorney “in case of’ the other driver not having the insurance, or even the car, in his…
State or Federal Court? Car Accident Victim Makes the Wrong Choice in Lawsuit Against Her Former Attorney
A common litigation tactic for plaintiffs is to bring cases in federal court to obtain greater damage awards. However, a plaintiff must have a viable claim under federal law or their case will be dismissed by the federal district court for lack of jurisdiction. Following a car accident in which…
Bienville Parish Auto Accident Raises Question of Vicarious Liability
Imagine you are driving home from work and you collide with another vehicle. Would your employer be liable for the damages? For most commuters, the employer is not accountable for any accidents that occur on the way to or from the place of work and the employee’s residence. But in…
Louisiana Department of Transportation Avoids Liability in Multi-Car Pile-Up Case
It is all too easy to forget just how dangerous driving can be. In addition to human factors such as sleepiness, being distracted, and stress, there is also the unpredictability of the road. Uncontrollable circumstances such as the weather or wild animals that dart into traffic can turn a regular…
Busy Fax Line Raises Question of Timeliness in Negligence Action After Monroe Bus Accident
After an injury, it is natural to feel entitled to physical, mental, and financial recovery. Unfortunately, the road to recovery can be full of detours and roadblocks. Without the help of a good lawyer, it can be difficult, and perhaps impossible, to understand and adhere to the many rules of…
Tractor-Trailer Driver Involved in Deadly Collision Allowed to Present Case to Trial Court After Dismissal in Louisiana
The viewing of a dead body can be traumatic for many people. If that viewing is caused by the negligence of another an excellent attorney may help you secure compensation for the emotional anguish experienced from that event. Shortly after midnight on February 4, 2011, Ronnie Rodd Davis was operating…
Baton Rouge Aunt Denied Loss of Consortium Claim for Niece’s Injuries
Accidents involving children are difficult for everyone involved. When the accident results in extensive, life-changing injuries, the situation becomes even more tragic and often results in multiple lawsuits. A person cannot recover damages unless he or she has a recognized claim to do so under law. This concept is known…
Louisiana Appeals Court Upholds Named Driver Exclusion for Named Insured in DWI Collision
Louisiana, like most states, requires drivers to maintain liability insurance (or less commonly, a liability bond or certificate of self-insurance) to legally operate a motor vehicle. In 1992, an amendment to this law explicitly allowing insurance companies to offer “named driver” exclusions in their policies, which allowed an insured the…