Car Accidents

February 15, 2017

Passenger in Louisiana Accident Obtains $42K Judgment Despite Pre-Existing Injury

When you have a pre-existing condition and are injured in a vehicle accident, you’ll likely have to overcome the insurance company’s argument that your injuries resulted from your old injury, rather than the vehicle accident. That’s what one person faced, but he secured a favorable verdict at trial, and the Louisiana Court of Appeal upheld that damages award. In this man’s case, the award stood because he had proof that his damages were the result of certain new injuries and the exacerbation of old injuries.

Read more about auto accidents in Louisiana.

January 30, 2017

Corporate Responsibility for Crunk Employees Who are Off-the-Clock

by Cardone Law Firm

We are living in a corporate world. Today, more than ever before, employees are working more. And like Donna Summer said they work “hard for the money, so hard for it honey…” Any person trying to climb the corporate ladder knows, if you don’t go the extra mile, be prepared to be replaced by someone who will. It is not uncommon for an employee to work 9-5 and then go immediately to a networking or marketing event after hours for which they receive no compensation.

As a result of the increasing burden and demands on employees, many companies offer employee perks such as cell phones, computers and company vehicles. These perks are a win/win – they come at no cost to the employee, and for the employer, there is an added benefit – the employee can easily maneuver from place to place and be accessible which turns into realized profit. Most companies have policies in place providing an employee can only use a company vehicle, phone or computer when they are “on-the-clock” and that these perks are to be used for “business purposes” only. The mix of company perks and after hours expectations create blurred lines with respect to legal liability.

January 6, 2017

Auto Accidents and The Biomechanical Engineer

by Cardone Law Firm

While we attorneys believe we know it all, there is a reason why we didn’t’ go to medical school. The great Albert Einstein, “if you can’t explain it simply, you don’t understand it well enough.” Experts can play a crucial part to a client’s case. This blog post will discuss the importance of a biomechanical expert in an automobile accident.

THE SCIENCE OF THE EXPERT

September 1, 2016

The LA Bridge is Falling Down: Who can bridge accident victims sue, and what evidence can they introduce?

by Cardone Law Firm

The Causeway Bridge has been described as long, scary and an engineering masterpiece. While the bridge may be all those things and more, the condition of the bridge has been a concern for years.

On August 8^th, the bridge was closed in both directions for hours due to an auto accident. According to preliminary reports, Michael Gibson clipped Joey Leblanc’s truck from the rear during the process of a lane change. After riding the rails, Leblanc’s truck eventually plunged into Lake Pontchartrain. This was a very serious auto accident which could have resulted in severe injuries, however, the Leblanc was fortunately rescued by police officers.

August 10, 2016

French Quarter Accident: When Truck and Carriage Collide

by Cardone Law Firm

The City of New Orleans is known for its eccentric, vibrant and welcoming attractions; but with fun comes human error. Tourists come to the city with one thing in mind, partying! On July 30th, tourists were partaking in an infamous tour of the city when a vehicle collided with a mule-drawn carriage in the French Quarter. News outlets reported the vehicle was going at a high speed when the driver turned the corner and exerted so much force that the carriage overturned.

Read more about personal injury cases that involve trucks.

August 3, 2016

To have and to hold…..How long can the Sheriff’s Office hold accident evidence under investigation?

by Cardone Law Firm

We have the pleasure of representing a family who lost their mother in a tragic car accident with a Jefferson Parish Sheriff’s deputy. The car accident occurred on April 11, 2016, approximately 4 months ago – and to date, the family has been denied access to the vehicle, denied access to the findings of the investigation and denied access to any other evidence. The Sheriff’s Office has still not returned their mother’s vehicle to the family, nor granted the family access to view the vehicle. This begs the question, is 4 months a reasonable time period to withhold evidence from a family who is seeking answers?

The Sheriff’s Office has declined to allow the family access to the evidence and information they are seeking based on La. R.S. § 44:3. La. R.S. § 44:3 is a special law in Louisiana which allows the Sheriff’s Office and District Attorney to deny access to evidence “pertaining to a pending criminal litigation or any criminal litigation which can be reasonably anticipated…” Per our communications with the Sheriff’s Office, it is standard operating procedure for every accident involving a deputy to be presented to the District Attorney’s Office. Once presented to the District Attorney’s Office, the reviewing attorney will determine whether anyone involved in the accident will be prosecuted. Other than this law, their are no other guidelines which govern the timeliness of an accident investigation or the District Attorney’s review period.

August 1, 2016

Autopilot Tesla Crashes – Who’s liable in a Self-Driving Vehicle Accident?

by Cardone Law Firm

Technology is ever changing and at times the advancement can be a good thing. However, with the Tesla self-driving vehicles the recent autopilot accidents have many questioning the soundness of the car. On May 7, Joshua Brown was killed when his Tesla crashed into a tractor-trailer.

Preliminary reports state that Mr. Brown was driving his Model S with the acclaimed autopilot system. According to Tesla, “Autopilot allows Model S to steer within a lane, change lanes with the simple tap of a turn signal, and manage speed by using active, traffic-aware cruise control. Digital control of motors, brakes, and steering helps avoid collisions from the front and sides, and prevents the car from wandering off the road.” The issue in the May 7 crash is the fact that the system failed to live up to what the manufacturer guaranteed when the cameras did not recognize the tractor-trailer.

July 21, 2016

Louisiana Court Sides With Injured Driver Despite Discrepancies in Description of Car Accident

by Cardone Law Firm

A famous American movie producer was once quoted as saying, “There are three sides to every story: your side, my side, and the truth.” This analysis is similar to what happens in civil litigation matters, such as auto accident cases. Each opposing party has a version that it asserts is the truth, while the whole truth may lie somewhere in between. In a dispute in which neither side has an “open and shut” case, success in your auto accident case can often come down to which side presents its case to the jury (or the judge in the case of a bench trial) in a way that seems more credible. A case decided earlier this year by the Louisiana Court of Appeal showed this in clear detail.

June 27, 2016

Whom to Pursue When You’re Harmed in a Louisiana Auto Accident Caused by Someone Fleeing the Police

by Cardone Law Firm

Whether it’s on the internet or on TV, chances are you’ve seen one or more videos of the wild scenes that sometimes unfold when drivers decide to try to outrun the police in their vehicles. While these videos can be entertaining to watch, they are, as law enforcement officers will attest, incredibly dangerous to anyone in the chase’s path. So, what happens if you’re harmed by a driver who’s trying to escape officers? The range of people (and insurance companies) you can sue depends on many facts, including the way that the relevant insurance policies are written. In a recent Louisiana Court of Appeal decision arising from a Jefferson Parish incident, an injured woman could not pursue an auto owner’s insurer because of the exception language in that insurance policy.

Read more about hit and run accidents.

June 13, 2016

Injured Driver Recovers $640K in New Orleans Accident Involving Dump Truck

by Cardone Law Firm

A woman injured in a New Orleans wreck with a dumpster truck recently recovered more than $640,000 in damages. But it could have been more. If the jury that decided her case had not held her 15% at fault, the award would have exceeded $750,000. Despite an appeal, the damages award remained unchanged. The opinion issued by the Louisiana Court of Appeal in the case is a useful reminder about the amount of discretion the law gives juries in injury cases. In the case, the injured woman was determined to be 15% at fault, based upon her decision to use the highway and her failure to exercise “greater caution” while driving. The appeals court upheld this jury verdict, stating that the evidence in the case did not indicate that the allocation of fault was “clearly wrong.”

Read more about personal injury accidents involving trucks.

The case involved Hieu Phuong Hoang, who was injured when the car she was driving on US Highway 90 was struck by a dump truck driven by Kenneth Thornton. Hoang sued Thornton and his employer for her injuries. At trial, Hoang put a variety of witnesses on the stand. She called her neighbor, an expert witness, and herself to testify that the stretch of highway where the accident occurred was a dangerous area, due to heavy truck traffic and road construction. The parties also submitted photographs of the area where the wreck occurred.