Louisiana Injury Lawyers Blog

September 9, 2016

Wheels on the Bus go into the Canal: Metairie School Bus Collision

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.

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 15, 2016

Flood and Property Damage Checklist – How To Preserve Your Insurance Claim

by Cardone Law Firm

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:

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.

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.

July 7, 2016

Louisiana Driver’s Late Court Filing Proves Costly in First-Offense DWI Case

by Cardone Law Firm

Each DWI case is unique in its own way. A first-offense DWI charge contains its own set of challenges for the accused driver that are different from those faced by drivers accused of second-, third-, or fourth-offense DWI. In one recent case originating in Jefferson Parish, a man convicted of misdemeanor first-offense DWI lost opportunities to challenge the way the state prosecuted his case because he did not follow the correct court procedures or observe the court rules, which led the Louisiana Court of Appeal to leave his conviction in place.

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 20, 2016

ATV Owner’s Insurer Held Not Liable to Mississippi Woman Injured in Louisiana Crash

by Cardone Law Firm

If you’ve been injured in a vehicle accident, such as an ATV crash, there may be multiple parties that could, depending on the facts of your case, be liable for your injuries. They might include the vehicle manufacturer, the driver, the vehicle owner, or the owner of the property where the crash occurred. In a recent case involving a woman whose arm was crushed in an ATV accident on a public street, the courts decided that she could not pursue a claim against the insurance company of the ATV’s owner. Due to who was driving and where the accident took place, the Louisiana Court of Appeal decided that the insurance company was, in this circumstance, entitled to conclude that its insurance policies did not cover the accident.

The woman’s injuries arose from a weekend birthday celebration gone wrong. Danielle Schelmety, her boyfriend, Michael Smith, and Smith’s roommate, James Johnson, decided to drive from their law school in Jackson, Miss. to Ruston, La. to attend a crawfish boil as part of Smith’s birthday celebration. Once in Ruston, the trio stayed at the home of Smith’s parents for the weekend. On Friday, Johnson took Schelmety for a ride in a Yamaha Rhino (a type of “side-by-side” four-wheel ATV) owned by the Smiths, with the Smiths’ permission. Johnson drove along several public streets and, while navigating a turn at the end of a cul-de-sac, flipped the vehicle, which pinned Schelmety’s arm to the ground. The accident shattered and crushed her forearm, wrist, and hand.