A few months ago, the Cardone Law blog covered additional settlement funds available to businesses affected by the BP oil spill. Recently there has been significant litigation and settlements revolving around Louisiana’s recent disasters.
A lawsuit has been filed by the Mexican government against BP Oil for damages arising from the Deepwater Horizon oil spill. BP disclosed on May 1 that the firm has been named as a defendant in over 2,200 suits filed by Mexico since March 6.
Currently in Louisiana, there is no law prohibiting most drivers from using handheld cell phones behind the wheel. Act 665 does prohibit drivers from texting, and there are numerous restrictions on handheld devices for such individuals like bus drivers and beginner drivers (those under the age of 18).
Some laws are enforced upon discovery after you have been pulled over for a more serious violation. However, the nature of these laws gives a police officer cause to pull a driver over upon witnessing the violation. Individuals caught texting while driving can expect a fine of $175 for their first offense and $500 for further violations.
Liability for the Texter?
New Jersey, like Louisiana bans texting while driving, and the state is mulling over whether liability can extend past the distracted texting driver to the at-home texter. The New Jersey Appeals Court is currently reviewing a dismissed complaint from two injured motorists. The pair was hurt while motorcycling in Morristown, NJ when a teenage driver, distracted by texting, crashed into their motorcycle. Both plaintiffs lost a leg in the accident. They filed suit against both the teen driver and the remote texter accusing her of “aiding and abetting”. The teen’s insurance settled with the plaintiffs for $500,000 but victims pushed onward to place liability with the texter.
In their oral arguments, the attorney for the plaintiffs cited the need to impose liability on those who know the individual they are texting is driving. In the hours leading up to the accident, the driver and texter exchanged over 60 texts. The arguments continued between whether the texter was responsible for the driver looking at the texts, whether the texter intended the message to be read at that moment, and whether she knew at that exact moment he was driving.
The Safety of Voice-to-Text Devices
Texting is a clearly a safety hazard to drivers and those that share the road. The use of the hands and the diverted vision to construct a message both lead to danger but a recent study done at Texas A&M University reveals that hands-free devices may present comparable dangers.
The research included over 40 participants driving a track distraction-free, then typing texts, then using voice-to-text software to make a text. The researchers learned that whether the driver was texting or voice-to-text texting their average reaction time was doubled. The drivers did feel safer using voice-to-text; the difference was not significant. Some of the conclusions have to do with the concentration with using typical voice-to-text software and the need to carefully proofread and correct the errors.
This March, Insure.com, released their annual review of state-by-state insurance rates and Louisiana, for the third year in a row, takes first place for highest rates. The national average in the U.S. is around $1,500 whereas the average annual rate for Louisiana drivers is a startling $2,699, nearly $200 more than second-place Michigan at $2,520. The report also examines annual income of state residents dedicated to car insurance, leaving Louisiana residents with an astounding 6.6% of annual income dedicated to auto-insurance.
Although rates do vary by locality, those based out of New Orleans suffer some of the higher rates. According to Louisiana State insurance commissioner Jim Donelon, “Orleans is 40 percent higher than the statewide average, St. Bernard is 30 percent higher, Jefferson 19 percent higher, and Plaquemines 15 percent higher.”
Automobile accidents come in every shape and size, and victims who are lucky enough to survive this encounter can’t always easily just walk away. The Cardone Law firm just recently secured a settlement for a client for $430,000 for her soft-tissue injuries. One of the most common forms of injury suffered as a result of an automobile accident is called a soft-tissue injury. A soft-tissue injury is an injury affecting nearly anything except bones and organs.
Typically when the term soft-tissue is used in the personal injury field, it is referring to an injury to muscles, ligaments, tendons, or other similar tissue which usually presents itself in the form of sprains, bruises, or shallow abrasions. Whiplash is a common form of a soft-tissue injury as it strains the neck and back of the victim. The most common form of treatment for a soft-tissue injury is embodied in the acronym RICE (Rest, Ice, Compression, and Elevation)
Leah, commuting in New Orleans, was involved in a low-impact accident when the defendant, driving a BMW, disregarded a stop sign and crashed into Leah’s vehicle. Leah had extensive pain associated with her injuries plus unexpected medical costs that she needed to now pay. The defendant insurance company didn’t feel that Leah could have possibly sustained such painful and longstanding injuries from such a minor accident.
Our experienced legal team was able to secure a settlement for Leah in the amount of $430,000.00. This amount ensured Leah received proper compensation for the injuries she suffered, both short and long term. As such, justice was served.
Things to remember:
If you are injured in a car accident it is important to exchange insurance information (even in minor fender benders should future injuries present themselves), contact your insurance company and contact an experienced personal injury attorney.
Remember, in Louisiana you only have one year within which to file a lawsuit. Should you fail to file a suit timely, you will forever lose your rights to recover any compensation whatsoever. An experienced personal injury attorney is familiar with this prescriptive period in Louisiana.
By the way, if you have suffered property damage to your vehicle along with your personal injury, you not only have a right to recover for the repair to your car, but you may also recover money for the diminished value of your repaired automobile! Typically, most attorney’s fail to make a Diminished Value claim on behalf of people who have sustained property damage to their vehicles. We at the Cardone Law Firm always determine if such a claim exists for our clients..
As a side note, Louisiana is a “comparative fault” jurisdiction with regard to personal injury negligence. “Comparative fault” means that even a party partially at fault in a personal injury action may recover for their damages. However, this amount may be reduced by the amount of responsibility of that party. You should not settle away a valid claim because you feel partially responsible.
Negotiations with experienced and savvy insurance adjusters should not be taken lightly. Those coming to the table against insurance companies must be reminded that they are settling and ending any possible suit for property damage, personal injury, medical costs, and many other remedies available under Louisiana law. A knowledgeable Louisiana car accident attorney is vital in calculating all applicable forms of compensation.
We at the Cardone Law Firm can handle all of your needs when you’re involved in a life-altering car wreck. So, if you, a friend or a loved one is involved in a wreck, simply Phone Cardone at 504-522-3333.
Home damage and personal injuriesIn the last weeks of March, rainstorms and flooding led to extensive damage for many homeowners. Currently, the estimate is over 75 houses in the surrounding areas of Baton Rouge were damaged.Volunteers for Red Cross and Salvation Army were on the scene to assist needy residents.
Not all homes are accounted for that may have suffered rain damage, and it is important to know what may and may not be recoverable from home insurance in the case of home damage as a result of rainy weather. Generally, homeowner insurance does not cover flooding damages but water damage that was due to a storm, or was permitted to get into your home because of damage made by the storms winds, may be covered. Water damage that was the result of possibly negligent upkeep, such as leaky pipes, would not likely be covered. It is a homeowner’s responsibility to limit and mitigate damages in the event of a storm. Two major steps are the safe removal of water to prevent mold and the attentive repairing of holes and broken windows caused by the storm.
In the insurance process, you will want a qualified attorney to assist in the report of your potential claims to ensure prompt and accurate insurance payout and limit potential personal negligent liability for your damages.
Rain storm damage does not cease at property damage bur rather many personal injury cases are founded on slip and falls or other injuries from rain created hazards. This month a Louisiana woman filed suit against a grocery store for an injury sustained from a slippery floor wet from the rain.
Automobile damage
Slippery roads and hazardous driving conditions leave many people with auto damage from a number of sources. Falling tree branches, flooding, and weather related accidents can often lead to thousands of dollars in repairs if you can properly file suit against responsible parties and secure your deserved insurance settlement. Furthermore, personal injuries can amount to additional short term and long term costs. In severe cases, wrongful death suits may need to be brought on behalf of someone involved in one of these accidents. Tragically, the National Highway Traffic Safety Administration estimates that approximately 11% of traffic fatalities stem from accidents involving hazardous weather. Contact a qualified attorney to assist you in getting what’s rightfully yours and defending you from wrongful liability.
Quick What-to-do
Most Louisianans rely on their vehicle to get to work and home, rain or shine. However, should you be unable to operate your vehicle in hazardous weather conditions it is vital to limit your risk to others and yourself. Remain in your vehicle and stay calm. Keep one window cracked for air circulation and ensure the vehicle is off or, if on, the exhaust pipe is clear of obstruction. Carefully attach a bright visible signal, such as a plastic bag or cloth, to your vehicle to alert other drivers in reduced visibility.
As of 2010, current law in Louisiana requires drivers to maintain insurance coverage for Bodily Injury Liability. The minimum amount is $15,000 per injured party, $30,000 per accident (more than one person injured in the accident), and $25,000 for property damage. These minimums may be referred to as “full coverage” even though they are clearly not always capable of covering even minor medical bills. When a party does maintain minimum coverage they may be considered underinsured depending upon the extent of injuries suffered by the victims of his negligence or may be even uninsured entirely.
It is estimated that the rate of uninsured motorists on Louisiana roads is approximately 13%. This number is slightly under the national average of 13.8% but still presents a major threat to uninsured and insured drivers alike.
Many businesses, including yours, may be entitled to compensation from your losses since the BP Oil Spill.
In April 2010, the oil rig ‘Deepwater Horizon’ owned by BP suffered an explosion and subsequently sank, claiming the lives of 11 workers. For the following three months, nearly 5 million barrels of oil gushed from the sea floor. The event is often considered the largest accidental marine oil spill in history. Since the spill, the Gulf coastline has suffered ecologically and economically from Florida to Texas, Louisiana suffering particularly due to its coastal exposure and extensive tourist industry.
In 2009, the story of the R.I. lawsuit began in his own home when he, engaging in sexual relations, injured his penis. That morning R.I. contacted the nearest emergency room, in Bogalusa, and was advised to go to the St. Tammany Parish Hospital (STPH) immediately. Upon arrival at the hospital, his penile fracture was soon correctly diagnosed by Dr. Susan Craig of STPH.
Penis fractures are the result of a trauma that ruptures or tears the lining of one of the two fabric cylinders within the penis. These cylinders are known as corpus cavernosum and fill with blood during an erection thereby causing the hardening effect. When these are damaged, the person will experience severe pain, bruising, blood in urine, and a partial or complete inability to become erect. Without treatment a penis may become deformed and lead to permanent erectile dysfunction.
The BP rig explosion caused the worst environmental disaster in U, S. history. While the Gulf of Mexico may be back according to most environmentalists, there are thousands of businesses along the Gulf Coast that have not been compensated for their losses.
Now, because of the settlement confected by and between all of the parties to the litigation that has ensued, there is a fund of money set aside to pay for economic business losses and you DON’T even have to prove that the spill caused those losses!! If you can show a drop in gross revenues in 2010 compared to 2011, you may be eligible for money compensation.
According to the National Center of Health Statistics there are over 1.5 million people in nursing homes in the United States. The estimate of understaffed nursing homes is approximately 90% according to the U.S. Department of Health and Human Services. There are over 20,000 complaints of abuse, gross neglect and exploitation.
In September 2011, a man was admitted to a local nursing home and was experiencing medical conditions that were potentially life threatening. The nursing home held itself out as a properly staffed, skilled, qualified nursing home and a Medicare/Medicaid Provider.
Louisiana Injury Lawyers Blog