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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

Drinking and driving occurs all too often, especially in the state of Louisiana. According to Mothers Against Drunk Driving, more commonly known as MADD, there were 5,339 arrests in Louisiana last year for DWIs. According to a national poll conducted by the Centers for Disease Control and Prevention, Louisiana ranks well above average in citizens who report driving after drinking too much. Impaired driving has become a growing national concern over recent years spawning new legislation increasing the penalties for driving while intoxicated. This article will provide you with a overview on a Louisiana DWI and the penalties you can expect to face if arrested for a DWI.

Independent Medical Examination, commonly referred to as an “IME.” Two of the most common, yet significant reasons behind this request can be:

  • Concern is shown by the defending party or the insurance company that the injuries, which you have suffered from, are not as severe as one claims; or,

Recently  a tow truck rammed into a mid-city parking lot killing three and injuring one.  The tow truck driver was also transported by EMS to a local hospital for injuries he sustained.

According to preliminary reports, the tow truck driver lost control and struck pedestrians waiting at a bus stop as well as four parked vehicles. While investigators are still trying to ascertain what caused the devastating accident, the ultimate question is: Who will be found liable for the damages?

A parent’s worst nightmare, “Mom we were in a car accident”. Thirty-four parents received that call Tuesday when the bus carrying T.H. Harris Middle School’s track team plunged into the canal. According to WGNO, three students were taken to a local hospital complaining of minor injuries after a Jefferson Parish School bus driver careened into a canal. After the accident, students were forced to exit the bus through windows and the back door. While no reports have been issued stating the school bus driver was impaired, the school bus driver was cited for careless operation by local authorities.

Unfortunate events like this school bus accident occur all too often. Parents and children are left with the visible and invisible injuries. Some parents are up in arms about the numerous open canals along bus routes, but one of the overarching concerns is whether school bus drivers are receiving effective and adequate driving training.

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 8th, 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.

Our thoughts go out to all of those affected by the recent flooding in Louisiana.  According to ABC News, over 30 inches of rain fell over the past weekend causing rivers across the state to rise to record levels. The Governor has declared a State of Emergency until September 10, 2016, unless terminated sooner. Unfortunately the flooding and rain has displaced families and taken a toll on local businesses. The most important concern is safety. But once you are safe, you are faced with a catastrophic loss that can take an emotional and economic toll on you. We have drafted this article to serve as a checklist to use when navigating the untoward waters of filing an insurance claim for flood and property damage:

  1. Find a copy of your Flood Policy, Renters Policy, or Business Policy, including the Declaration Page which is the part of the policy that tells you the type and how much you have in coverage. It includes the name and address of the insurance company, with information about the issuing agent, and it includes the contact information for the correct department when making a claim. It also states what is insured, for how much, under which circumstances, and for how long. It is a great idea to store these insurance policies and any other important legal documents in a safe deposit box in a secure facility. This will insure they cannot be stolen or damaged.

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.

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.

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.

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