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Personal Injury

Personal Injury

Does Rental Car Insurance Pay in an Accident?

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Does Rental Car Insurance Pay In An Accident? Car rental insurance is not mandatory for car renters to obtain in Louisiana. However, specific rules regarding the applicability of liability, coverage, and responsibility on bodily injuries and personal damages claims for car rentals are laid out in Louisiana Civil Code 22:1296. As a car renter, it is crucial to understand how the law applies coverage and liability insurance policies to motor vehicle rentals in Louisiana. Below is valuable information on how car insurance policies are applied for car rentals in Louisiana. Are Car Renters Required To Purchase Car Rental Insurance In Louisiana? No. In Louisiana, car renters are not required to purchase car rental insurance. However, as discussed below, there are varying repercussions on the liability over the damages and injuries caused by car rental accidents in the event that the motor vehicle renter refuses to obtain car rental insurance at the time of rental. Moreover, a car renter’s insurance policy could automatically apply as the car rental’s insurance coverage. Is A Car Renter’s Insurance Policy Coverage For Their Personal Motor Vehicle Transferrable To Their Car Rental In Louisiana? Yes Yes, the car renter’s insurance coverage policy applicable to their own personal motor vehicle is transferred to a car they have rented. However, the applicability of a car renter’s personal car insurance policy coverage may be limited. According to the Louisiana Civil Code 22:1296, the motor vehicle insurance policy of the person renting the car would be extended to the vehicle they rented. This generally means that a car renter’s exact coverage for their own vehicles would serve as the primary insurance coverage for the rental car. As further discussed below, a car renter’s insurance policy coverage for their own vehicles may not be applicable as the car rental’s primary insurance if the car renter has obtained an insurance policy to cover the car rental specifically. Which Insurance Policy Would Apply To The Car Rental If The Renter Has Multiple Motor Vehicle Insurance Policies? In the event that the car renter has multiple car insurance policies covering their own vehicles, then the motor vehicle insurance policy that includes a comprehensive and collision or liability insurance coverage would generally apply as the car rental’s primary coverage. Which Insurance Policy Would Cover The Rental Car If The Car Renter Has A Personal Car Insurance Policy Coverage But Also Purchased A Separate Car Rental Insurance Policy? Under Louisiana Civil Code 22:1296, the car renter’s own motor vehicle insurance policy would not serve as the primary coverage for the car rental if a car rental insurance policy is obtained specifically for the car rental. This applies even if the car renter’s motor vehicle insurance policy has better coverage. Simply put, the car rental insurance policy would serve as the primary coverage for the rental car instead of the renter’s personal car insurance policy. Are Rental Companies In Louisiana Liable To Cover The Damages And Injuries Caused By Rental Cars? It Depends On The Insurance Policy Coverage Applicable And The Car Rental Circumstances. According to Louisiana 22:1296, a car rental company must secure all car rental units that meet the state’s Motor Vehicle Safety Responsibility Law standards. However, there are limitations to the applicability of the rental company’s obligation over the car rental units. Specifically, the car rental company’s obligations and its limitations within the law are as follows: The security provided by the car rental will only be applicable if there is no other valid insurance that meets the minimum financial responsibility standard set by the Motor Vehicle Safety Responsibility Law. Other than providing the minimum financial responsibility stated above, a car rental company’s liability over the car rental unit would be limited if the car renter has a valid and collectible insurance policy or other means that meet the minimum financial responsibility standard of the Motor Vehicle Safety Responsibility Law, and that the claimant has an underinsured or uninsured motorist coverage for bodily injury and property damage claims, or if the car renter has violated the terms and conditions of the rental agreement. A rental company would be exempt from being required to offer uninsured or underinsured motorist coverage or lower limits of uninsured or underinsured coverage to the car renter or allow the renter to add authorized drivers as long as the car rental company provides minimum financial responsibility limits. However, as discussed above, a car renter’s personal car insurance policy may apply to the car rental or a separately purchased insurance policy specifically for the car rental. Filing a claim or understanding insurance coverage of rental vehicles can be complicated to navigate, mainly as specific rules apply under Louisiana laws. Thus, retaining the legal services of an attorney highly knowledgeable in insurance law in Louisiana may be valuable to your car rental insurance claim. If you or a loved one is a party to an insurance claim involving a rental car, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your claim and represent your legal interests.

Personal Injury

What Happens When a Drunk Driver Causes an Accident?

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What Happens When A Drunk Driver Causes An Accident? Drunk driving or driving while intoxicated is a serious and dangerous crime. Given the devastating repercussions of drunk driving or driving under the influence of drugs or alcohol, these highly irresponsible offenses have been rightfully subjected to strict laws and punishments across the United States. In Louisiana, one of the additional punishments applied to drunk drivers or those who operate motor vehicles while under the influence of alcohol or drugs is the application of punitive damages. The court may use these damages when a defendant has been found guilty of drunk driving or driving under the influence of drugs or alcohol. What Are Punitive Damages Or Exemplary Damages? Punitive or exemplary damages are compensation payments charged to the defendant after they are found liable or guilty of committing a particular offense. This is generally paid to the injured party in addition to compensatory damages and is subject to the court’s discretion. Courts typically award punitive damages to punish defendants for their grossly negligent or intentional actions. The primary goals of punitive damage are to: Punish the defendant for their egregious negligence or deliberate act in the hope of reforming them; and Make an example of the defendant to deter others from committing the same offenses. Given the severity of punitive damages, they are generally applied only to acts where malice and fraud are present in the offense. There must be intentional harm or extreme negligence to others in order for punitive damages to be applied. What Louisiana Law About Punitive Damages Applies To Drunk Driving Cases? Louisiana Civil Code 2315.4 applies in motor vehicle accidents where the defendant is an intoxicated driver or under the influence. This law provides additional damages in cases where the defendant is intoxicated while operating a motor vehicle. Specifically, this law states that punitive damages may be given to the claimant if they can prove that their injuries were caused by an intoxicated motor vehicle driver who has a wanton or reckless disregard for the rights and safety of others. It is also important to note that these punitive damages may be granted in addition to the general and special damages applied to the claim. Thus, this amount is beyond the usual claims for pain and suffering, medical expenses, lost wages, property damages, and other damages caused by the car accident. What Should A Victim Injured By An Intoxicated Or Drug Impaired Driver Show To Rightfully Claim Punitive Damages? Although the law states that a motor vehicle accident victim caused by an intoxicated or drug-impaired driver may be entitled to punitive damages, the victim must prove specific requirements to claim punitive damages in their case. Specifically, the claimant must be able to prove the following in order to successfully claim and collect punitive damages from the intoxicated or drug-impaired at-fault driver: The at-fault driver of the vehicle that caused the accident was either intoxicated or under the influence of drugs or alcohol, that impaired their mental and physical senses. The impairment of the at-fault driver caused by alcohol or drugs was the cause-in-fact of the injuries the victim sustained. The injuries sustained by the victim were caused by the intoxicated or impaired driver’s wanton or reckless disregard for the rights and safety of others. Does Insurance Covers Punitive Damages In Drunk Driving Cases? It Depends On The Insurance Policy Language Of The At-Fault Driver. An insurance company’s liability regarding the damages and injuries from a car accident caused by an intoxicated or impaired driver dramatically depends on the language of the insurance policy held by the policyholder. In Louisiana, a motor vehicle insurance policy may include a language that covers punitive damages incurred by the policyholder. However, the extent of insurance coverage for punitive damages is highly dependent on the exact wording of the insurance policy. Thus, it is critical to understand the insurance policy’s specific language and how it may apply in a motor vehicle accident involving an intoxicated or impaired driver. In the event that the insurance policy does not include coverage of punitive damages, or is limited to punitive damages not involving drunk drivers or alcohol or drug-impaired drivers, then the vehicle operator is fully financially responsible for the punitive damages rendered by the court. Since the responsible party for the payment of punitive damages dramatically depends on the legal language of the insurance policy, it is vital to have the legal assistance of a reputable attorney who can interpret the legal language included in the insurance contract. Complete, proper, and timely claims are critical in any lawsuit. In cases involving a drunk driver or someone operating a motor vehicle under the influence of drugs or alcohol, it is essential to include all applicable and valid claims that a victim is entitled to under the law. Such claims may include punitive damages, and a well-versed personal injury attorney can help you file the appropriate claims within Louisiana law. Moreover, a knowledgeable lawyer can help you determine the responsible party for the payment of punitive damages by reviewing the insurance policy document of the at-fault driver. If you or a loved one is involved in a motor vehicle accident where the at-fault driver is either intoxicated or under the influence of drugs or alcohol, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your claim and represent your legal interests.

Personal Injury

Proving Permanent Disability

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Proving Permanent Disability Sustaining injuries and developing a lifelong disability is a tragic thing to go through. However you may be eligible for compensation to help alleviate some of the financial burdens of living with this predicament. Proving total and permanent disability is not simple, even if the claimant can easily show their injuries. Instead, proving total and permanent disability also requires the claimant to show how the injuries impact their lives and future, which can be complicated as it requires supporting evidence and testimony. An experienced attorney may be able to provide a claimant with the proper legal assistance to evaluate the need for expert testimony to support their claim. There are various ways for the claimant to support their claim of total and permanent disability based on their sustained injuries. Some of the critical statements to support the claimant’s case may include the following: Medical Professional Diagnosis An official diagnosis by a medical professional that has evaluated or treated the claimant on their injuries and disability is a critical source in proving total and permanent disability. Given that the claim for total and permanent disability is tied to the claimant’s medical diagnosis, a medical professional’s testimony is required in the case. For this requirement, the medical professional would provide their official testimony regarding the claimant’s medical standing regarding their injuries. Some of the points that the medical professional can discuss specifically may include the following: the extent of the claimant’s injuries how the claimant’s injuries have limited their ability to perform specific movements and activities how the claimant obtained the damages how the injuries have progressed since the time of the initial diagnosis If the claimant is suffering from total and permanent disability from the injuries sustained Vocational Expert Testimony Although it is not required, testimony by a vocational expert may be valuable in proving the impact of the injuries and disability on the claimant. A vocational expert can highlight how the claimant’s disability and injuries have rendered them unable to do the same job they used to have before they sustained their injuries. Specifically, a vocational expert may be able to complete an evaluation known as a Functional Capacity Evaluation (FCE) on behalf of the claimant. This evaluation may include the following information: Whether the claimant’s physical ability will render them unable to fulfill their previous job responsibilities. Moreover, the vocational expert can also lay out the type of jobs that may fit the claimant’s diminished capability caused by their disability. Such physical limitations may include the ability to bend, lift, stand for a certain amount of time, walk for a certain distance, or perform specific duties vital to the job. The claimant’s psychological capacity, such as their ability to focus or fulfill the mental requirement for their previous job or what job would fit their mental competence. The vocational expert can also lay out the limited jobs available to the claimant, given their predicament and how these jobs differ in salary, availability, and complexities from the claimant’s previous position. Life Care Planner Another source of expert testimony that may prove to be valuable to a claimant in proving total and permanent disability is a life care planner. Although a statement from a life care planner is not required in a lawsuit, their testimony can help the claimant’s case in highlighting the impact on the future needs and quality of life-based on the injuries and disability they have incurred. Life care planners are certified professionals who assess individuals suffering from chronic health issues and injuries and evaluate the individual’s needs based on their disabilities. Specifically, life care planners can provide insight on what the following individual would need based on the injuries and disability they are suffering from, including the following: Whether the claimant will need rehabilitation or therapy, and if so, what type, projected length of treatment. If the claimant will need to avail of long-term medical care, and if so, the nature of the care, the professionals that need to provide such medical attention and care. Whether the claimant will need to seek domestic assistance, and if so, the extent of the required service and the type of day-to-day activities they would require aid with. Personal Testimony A claimant’s own testimony can help in showing the impact of the injuries and disability they have sustained on their quality of life. Although this statement may seem self-serving, it can help provide a personal narrative of what the claimant is going through. This statement can emphasize the drastic changes brought to their quality of life by the injuries and disabilities they have sustained. Some of the information that the claimant can highlight in their testimony on how their injuries and disability have affected their lives are as follows: The physical limitations or deformities they have sustained. Changes in their mental state and the challenges they pose to their daily interactions and lives. The emotional complications brought on by their physical disability and injuries. It should be noted that total and permanent disability for personal injury claims is not the same as a Social Security Disability (SSD) claim. Disability claims provide different types of financial and other remedies.  It is worth noting that obtaining an SSD claim can impact your ability to receive other types of compensation such worker’s compensation benefits. Sufficiently proving permanent disability can dramatically impac the amount recovered in a personal injury claim and the damages recoverable. An experienced personal injury attorney will be able to help you analyze whether you may have a claim for a temporary or permanent disability and the type of evidence needed to prove your claim. If you or a loved one and are concerned about whether an injury may have a lifelong impact, please give us a call at (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced attorneys can help you assess your case and represent your legal interests.

Personal Injury

How Long Does an Insurance Company Have to Property Damage Claims?

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How Long Does An Insurance Company Have To Property Damage Claims? Getting involved in a car accident is an awful event because of the property damage and physical and emotional injuries involved and the time-consuming act of dealing with insurance companies while having to deal with the other repercussions of the accident. One of the first concerns many people have is who will they get their car fixed or replaced. Generally, insurance companies are required to begin the adjustment of property damage claims within 14 days of being notified by the claimant. Specifically, Louisiana Revised Statute § 22:1892 Section A.3 states the following: Except in the case of catastrophic loss, the insurer shall initiate loss adjustment of a property damage claim and a claim for reasonable medical expenses within fourteen days after notification of loss by the claimant. Under this language, the insurance companies are required by the law to adhere to fixing a motor vehicle damage within fourteen days of the claim. What Is A “Reasonable Amount Of Time” For An Insurance Company To Settle A Claim? Unlike adjusting property damage claims, paying injury damages is not as simple since such a claim must first be determined before a settlement can be paid. There is no determined set amount of time when motor vehicle accident claims must be settled. Rather, insurance companies are only required to settle claims within a “reasonable amount of time.” An issue with this terminology is how to interpret it and how it applies in a determinable manner. Unfortunately, the answer is very dependent on numerous factors of the claim and the accident. More complex cases involving numerous factors will generally take longer to determine as insurance companies would have to take longer to conduct their investigation by evaluating all the factors. On the other hand, straightforward claims would generally take a shorter time to assess and could easily settle sooner. What Are The Factors That May Affect How Long It Takes Insurance Companies To Accept Or Deny A Claim? There are numerous factors that can prolong or affect the processing of your claim by insurance companies. Some of these factors include, but are not limited to the following: The severity of the injuries stated on the claim The extent of the property losses or damages included on the claim How complicated the facts are about the automobile accident The number of parties involved in the accident Whether the fault is shared with other parties, and to what degree are they shared The communication between the insurance adjuster and the party to the claim The availability of documents and evidence needed to assess the claim If there are any disputes regarding fault or coverage Whether witnesses provide conflicting testimony or their availability to provide their statement These factors are vital information in resolving any motor vehicle accident and determination of the claim. Thus, any complication or assessment of this information could reasonably delay the final decision of a claim. How Long Do Insurance Carriers Have To Pay Damages For Property Damages Claim Under Louisiana Law? As discussed above, insurance companies’ timeline in determining the resolution of a motor vehicle claim relies on the terminology “reasonable amount of time.” As frustrating as it may be, the good news is the law indicates a specific time frame that insurance companies must abide by in fixing a motor vehicle upon a settlement of a claim. Louisiana Revised Statute § 22:1892 Section A states the following: insurers must pay both insured and third-party claimants “within 30 days after receipt of satisfactory proofs of loss from the insured or any party in interest” or “within thirty days after written agreement of settlement of the claim from any third-party claimant,” or whichever applies. Simply put, the insurance company is required by the law to provide final payment to the claimant within 30 days of its determination and acceptance of a motor vehicle claim. Dealing with insurance companies can be tedious, time-consuming, confusing, and can have adverse effects on your claim, insurability, and rights. Thus, it is practical to have a well-versed lawyer familiar with dealing with insurance companies to ensure that your rights and claims are preserved adequately under the law. If you or a loved one has been involved in an automobile insurance claim, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can go click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

How Lockout/Tagout Prevents Industrial Accidents

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How Lockout/Tagout Prevents Industrial Accidents Safety in a workplace is one of the main concerns of every company and worker. Workplace safety for routine and non-routine activities is so important that regulations are in place to ensure that safety procedures, training, and compliance are followed. For non-routine activities, lockout/tag-out procedures are in place to prevent certain unnecessary mishaps in the workplace. What Is Lock Out / Tag Out? Lockout/tag-out, otherwise known as LOTO, refers to procedures and practices put in place to safeguard workers from hazardous energy releases. The Occupational Safety and Health Administration (OSHA) has a standard for The Control of Hazardous Energy. This standard is stated in the 29 CFR 1910.147, where it lays the general industry measures for controlling different types of hazardous energy and its sources. This standard is also known as the lockout/tag-out procedure, and it establishes the employers’ responsibility in protecting workers from hazardous energy. Aside from implementing the six basic LOTO procedures discussed below, employers are also required to train workers to ensure that they are aware, understand, and able to follow the LOTO procedures. What Is Hazardous Energy? Hazardous energy refers to energy such as electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment that are hazardous to exposed workers. Exposure of this energy to workers during operation, service, or maintenance can result in serious injuries or death. What Are The Harmful Effects Of Hazardous Energy On Those Exposed? Workers responsible for the operation, service, or maintenance of machines or equipment that are considered sources of hazardous energy can be subject to severe injuries or be killed if such power is not adequately controlled. The dangers can also come from other equipment in the area that is not the equipment actually being worked on. Some of the harmful effects of hazardous energy may include, but are not limited to the following: Electrocution Burns Crushing Cuts Poisoning Lacerations Chemical exposure Amputation Body part fractures What Are The 6 Basic Proper Lockout/Tagout (LOTO) Procedures? There are six primary proper lockout/tag-out (LOTO) steps or procedures in handling hazardous energy under OSHA standards: Preparation The first step of locking and tagging out the equipment or machine that is identified as the source of hazardous energy for service and maintenance is to prepare. Here, an authorized employee would investigate and completely understand all types of hazardous energy that might be controlled. This means they would be identifying the specific hazards to plan how to manage that hazardous energy. Shutdown The second step is shutdown. After the hazardous energy has been identified and planned on how to handle the issue, the actual process of powering down and locking out machines containing the hazardous energy is shut down for servicing or maintenance. During this step, any employee affected by the shutdown of the machines is informed of the LOTO procedure. This step is effective even if they are not part of the service or maintenance. Isolation The third step is isolation. This step is when the machine or equipment from any hazardous energy source is isolated. This may include turning off the power at the breaker or shutting down a valve to ensure that energy is cut off from the machine. Lock Out/ Tag Out The fourth step is the actual lockout/tag out of hazardous energy sources. This procedure is composed of the authorized employee attaching the lockout or tag-out device to each machine or equipment source of the hazardous energy. This step aims to apply the lockout device on the energy-isolating device to secure the machine or equipment in a “safe” position where it cannot be moved to a dangerous position by anybody except the authorized employee performing the lockout. During this procedure, each of the machines or equipment is tagged, thus called a “tag out.” This tag includes the name of the authorized employee who performed the lockout and any additional information identifying the risks or procedures down on the source of hazardous energy. Stored Energy Check The fifth step is called stored energy check. During this process, the authorized employee is looking for any residual or stored hazardous energy in the machine or equipment even though it has been locked out or is disconnected. If such hazardous energy is still a threat, the said energy must be relieved, disconnected, restrained, or neutralized before the maintenance of the machine or equipment. Isolation Verification This last step is all isolation verification. At this stage, the authorized employee is safe to work on the machine or equipment. They then verify once the device has been properly isolated and neutralized, it no longer poses a threat to other workers. Lock Out/Tag Out programs are centered on controlling hazardous energy and its sources. It is also not limited to an electricity source but involves any power that can cause severe injury or death to anybody exposed to it. Such energy includes air, heat, water, chemicals, and hydraulics. Compliance with these procedures is essential in ensuring workplace safety, and any violation of these steps can have catastrophic effects. Thus, all workplace employees and management need to be vigilant and committed to the LOTO implementation. If you or a loved one has incurred a workplace safety injury, especially involving hazardous materials, you need a knowledgeable and caring lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638,or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, discuss your claim, and answer any concerns you may have regarding a potential lawsuit.

Personal Injury

Who is Responsible for Dog Bite Injuries?

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Who Is Responsible For Dog Bite Injuries? Generally, dog bite laws in Louisiana hold the animal’s owner responsible for the damages caused by their pets if there is a known history of aggressive behavior. However, a landlord of the owner of the dog or animal that caused the injury can also be held responsible. Some of the critical information to know if you have been injured or bitten by a dog or other animals in Louisiana is as follows: Louisiana Dog Bite Statute As noted above, the Louisiana Dog Bite Statute applies in cases where the dog or animal that caused the injury has a record of previous aggression. This law is a statutory strict liability rule. The injured party needs only to show that they did not provoke the animal’s attack or have been at fault, even partially to their sustained injuries. According to the Louisiana Civil Code section 2321, the owner of the dog is liable for damages if the following applies: If the owner of the animal knew or should have known their animal’s demeanor would cause damage to another animal or person; If the damage caused by the animal could have been avoided by the owner taking reasonable care; If the owner of the animal failed to take reasonable care to prevent the damage caused by their animal; and If the injured person did not provoke or cause the animal to attack them in any manner. It is important to note that these injuries caused by an animal are not limited to dog or dog bites. Instead, harm could be caused by any pet or animal, including scratches or other types of bodily injuries. Insurance Coverage For Dog Bites And Animal Injuries Generally, a homeowner’s insurance policy covers dog bites or injuries caused by their animals. The homeowner’s insurance company would typically provide a lawyer to defend the homeowner’s policy against any claim. Dealing with insurance company’s or the other party’s lawyer can be complicated and can have severe implications on your claim. Thus, a knowledgeable legal representative can help you navigate your way to assert your claim against any injuries caused by an animal. Our firm can provide valuable assistance in ensuring that your claims and rights are preserved during this daunting process. Landlord Responsibility For Dog Bites Or Injuries Caused By Animals In addition to the strict liability rule against the owner of the dog or animal that caused the injury, the injured party can pursue a claim against the landlord of the owner of the animal. In order to pursue a claim against the landlord of the animal owner, the injured party must show that the landlord knew or should have been aware that their tenant was harboring an animal that has aggressive behavior. Defenses To The Louisiana Dog Bite Injury Lawsuits There are two available defenses to the Louisiana Dog Bite Statute strict liability, and they are as follows: Comparative Negligence Comparative negligence applies when the injured party is partly or totally at fault for their injuries. The damages awarded to them are reduced by a percentage that is equal to the share of their responsibility for the injuries they had sustained. Provocation Under the Louisiana animal injury law, an injured person who provoked the animal for their attack would be a complete bar to recovery. This means that if a person has provoked an animal to attack them, then they would likely be unable to recover any damages in their claim for their injuries caused by the animal. Thus, in order to succeed in claiming against the owner and the landlord, if applicable, for a dog bite or injury caused by an animal, the injured party must be able to show that they had neither provoked the animal to attack them nor that they had not played a part in their own injuries. Statute Of Limitation Another important matter to keep in mind is that dog bite cases fall under personal injury claims in Louisiana. Therefore, it means that an injured party must file their claim to the court within one year from the date of the incident. If the injured party fails to file within this time frame, the court will likely dismiss the case. Dog bites and injuries caused by animals can have severe physical and psychological implications for an individual’s well-being. Hence, it is crucial to assert your rights and claim what you are rightfully entitled to under the law. If you or a loved one has been bitten by a dog or have been injured by an animal, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Common Causes of Boating Accidents

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Common Causes Of Boating Accidents Boating is a lifestyle that many Americans enjoy, especially those who are lucky to be around bodies of water. However, this aquatic activity comes with dangerous risks that can be fatal, so it is vital to be aware of the most common causes of boating accidents and how a boat operator can prevent these situations from happening. Some of the most common causes of boating accidents are as follows: Operator Inattentiveness Operator inattentiveness is described as the “failure of the boat operator to pay attention to the vessel, its occupants, or the environment in which the vessel is operating.” In the 2019 recreational boating statistics collected by the United States Coast Guard, operator inattentiveness was identified as the most common cause of boating accidents. Operator inattentiveness can lead to severe and even fatal consequences including, but not limited to, collisions, passengers or crew falling overboard, and slip-and-falls onboard. Improper Lookout Part of adequately operating a boat is to have a proper lookout. Under Rule 5 of the International Regulations of Preventing Collisions at Sea, a boat operator must maintain an unobstructed view from the helm to continuously eye the waters of the bow and starboard and port sides and adjust boat-handling for boat-handling change in the conditions. A proper lookout basically ensures to watch out for other boats, swimmers, swimming areas, skiers, flags, fishnets or other buoys, floating debris, or obstacles that might collide with the boat. Typically, a lookout helper is designated to assist in this critical task. Failure of the lookout to properly pay attention and warn the operator of any danger could lead to a boating accident. Excessive Speeding Like land vehicles, boats must be operated at a safe speed to avoid accidents, mainly to ensure that the operator has total control of the boat at all times. It is also important to remember that maintaining a safe speed must be observed even if the boat operator is experienced. Violation Of Waterway Navigation Rules Similar to operating a motor vehicle inland, boats are expected to adhere to navigation rules of the waterway. By following the established rules of the waterway, a boat operator can prevent boating accidents, including collisions with other water vessels. Some of these important navigation rules include knowing who has the right of way, rules for those crossing paths, on course to meet head-on, or how to navigate if a boat has to overtake another water vessel. Alcohol Or Drug Use As noted above, total control of the boat is crucial to prevent boat accidents. Proper operation of a vessel also requires the operator to be able to make quick and rational decisions. However, alcohol or drug use can impair a boat operator’s ability to make coherent decisions or make immediate logical reactions to address any potential danger that the boat may face. Thus, it is important to steer clear of alcohol and drug while operating boats. More importantly, there are serious criminal penalties for violating these rules. In Louisiana, the law specifically prohibits anyone from operating a water vessel, including boats, with a blood alcohol concentration of 0.08% or greater. Motor Or Equipment Failure Another common cause of boat accidents is motor or equipment failure during the boat’s operation. These technical problems can be avoided through proper inspection and maintenance of the boat before operation. Thus, it is crucial to keep the boat’s maintenance to lower the risks of any failure and accidents during the operation of the boat. Dangerous Water Condition Dangerous waters can occur through sudden changes in the water current or rapid tidal flows that make it challenging to navigate while operating a boat. It is important to remember that water conditions can suddenly change without much notice. Given these challenges, it is important that a boat operator is experienced not only sudden changes in water conditions but also aware of any changes that they may need to adjust to navigating through the waters successfully. Hazardous Weather Condition For the most part, current weather conditions can be anticipated. However, similar to water conditions, there are circumstances where sudden changes in the weather can occur and could cause dangerous boating conditions. Such hazardous weather conditions that can be risky to operate a boat include, but are not limited to, strong winds, lightning, fog, or dark clouds. In these circumstances, having a boat operator who is vigilant of any sudden changes in the weather condition and experience in handling such circumstances is important to lessen the risk of getting into a boat accident. Force Of Waves Or Wake Awake or force of waves is what a boat leaves behind as it cuts through the water at different speeds. Generally, a boat moving at a fast pace would leave a large disturbance of water which can cause forceful movement that leads to dangerous, even fatal accidents to the boat passengers or those around the boat. Boating accidents can occur due to various causes and lead to severe or even fatal consequences. However, boating accidents are not limited to operators or passengers of a boat. Boat accidents can also affect anybody in the water or those that have come in contact with a boat. Thus, it is important to be vigilant every time you are in a body of water. If you or a loved one is a party to a boating accident, you need a reputable lawyer to defend your rights vigorously. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638, or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Most Common Types of Construction Accidents

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Most Common Types Of Construction Accidents Working in construction sites is one of the essential jobs in America. They pave the way to society’s development and progress in both the industrial and residential needs of the community. More so, working on a construction site can be financially rewarding. However, on the flip side, working in construction sites is inherently dangerous. Thus, there are numerous safety precautions and regulations in place to try to minimize such dangers. However, not all hazardous situations can be avoided, given the nature of the job and the site. Hence, the risks associated with working in construction must not be taken lightly by those working or interested in the construction industry, as such injuries can be fatal or career-ending. Some of the most common and dangerous injuries incurred in a construction site are as follows: Slip And Fall Slip and fall are common dangerous occurrences in a construction site since the nature of the job require workers to work in high places or use ladders and cranes. Moreover, construction sites can be prone to slips since they are full of debris. Slips and falls can cause serious injuries such as brain and head trauma, broken bones, back and spinal injuries. Falling Objects As noted above, it is a regular occurrence for construction workers to work from high places while using tools. Given the nature of this job, it is unfortunate but not unheard of for tools or materials being used in a project to fall from an elevated place to workers working in a lower area. These accidents can cause injuries such as brain and head trauma, broken limbs, or even death. Electrocutions Exposed electrical wirings are also common in construction sites. Given this occurrence, electrocutions are common site injuries in construction sites if the electrical wirings are poorly handled or not appropriately secured. Electrocutions can cause serious injuries, such as burns and even death to construction workers. Vehicle And Machinery Accidents Heavy machinery and vehicles are also standard in construction sites since these are essential tools for construction workers to do their jobs. However, heavy machinery poses dangerous risks to construction workers if they are to malfunction or accidentally hit them. These machinery accidents can cause broken bones, back and spinal injuries, brain and head trauma, eye and vision damage, or even death to construction workers. Ground Collapses During excavation, construction workers must dig a significant area of the ground. Depending on the earth and its consistency, excavation can cause the surrounding area to become unstable. Often, this can cause the ground to collapse and may trap, seriously injure, or fatally injure workers standing in the vicinity. Chemical Exposure Construction workers are also exposed to numerous chemicals on a construction site. Some of these chemicals include but are not limited to PVC, mercury, lead and flame retardants, pesticides, pest control substances, fuel and mechanical oils, sewage, and wastewater. Prolonged exposure to these chemicals can cause physical and psychological damages to construction workers, including cancers, neurological illnesses, reproductive issues, endocrine injuries, and even death. If you have been injured on a construction site while conducting your work, you must take the following steps to ensure that your rights are protected, and your health and safety are taken seriously: Assess Your Injuries And Seek Medical Attention. As soon as you get hurt, you must assess your injury and seek medical attention right away. Even if the injury seems minor, it is vital to get medical assistance to rule out any underlying trauma that may not be physically obvious at the time of the accident. Document Your Injuries. It is essential to document your accident and the damages you had incurred as part of your claim. You can do this by taking photos and videos of your injuries. If possible, you must also take photos and videos of the environment where the injury has occurred at the time of the accident. More importantly, keep track of any documents provided to you by your medical provider, as you would need this when you file your claim. Report The Accident And Your Injuries To The Site Supervisor. Once you can, you should report the accident to the supervisor of the construction site. However, you should not give too much information; instead, provide a truthful, detailed report of what happened in the accident. Your lawyer can assist you in preparing what you should disclose when reporting the incident to your site supervisor. Reach Out To A Personal Injury Lawyer. Given the liabilities, and the legalities surrounding injuries incurred in construction sites, it is essential to seek a reputable legal representation as soon as you have been injured to ensure that your rights and claims are adequately protected. Our reliable personal injury lawyers can assist you in this undertaking. If you or a loved one have been hurt on a construction site, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-638, or you can click here to schedule a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

Can More Than One Person Be the Cause of an Accident?

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  Can More Than One Person Be The Cause Of An Accident? One of the principal points of a personal injury case is the determination of fault by the injured party that may affect the injured party’s claim for damages against the other party. Generally, there are two crucial doctrines regarding the determination of fault that may affect damages claim: comparative negligence and contributory negligence. The State of Louisiana applies pure comparative negligence in personal injury lawsuits. What Is Comparative Negligence? Comparative negligence doctrine is a legal principle that allows an injured party to claim damages even if they have contributed to their injuries. However, this doctrine would generally reduce the damages claimed to reflect the injured party’s contribution to their injuries. However, it is essential to note that three types of comparative negligence have specified percentages of fault by the injured party that directly affects their claim for damages What Are The Three Types Of Comparative Negligence? There are three types of comparative negligence doctrines: pure comparative, modified comparative, and slight/gross negligence doctrines. Pure Comparative Negligence In pure comparative negligence, the damages that an injured party may claim against the other party are reduced by the percentage of their fault contributing to their injury. An example of the application of this principle is as follows: let’s say an injured party incurred $100,000 total damages. However, the injured party was determined to have contributed to the 20% of the damages they had incurred. Here, the pure comparative negligence doctrine will deduct 20% of the injured party’s liability from the $100,000 total damages they can claim from the other party. Thus, the injured party can claim $80,000 from the other party for the damages they had incurred. Several states, including Louisiana, adopt pure comparative negligence in personal injury cases. Other states that apply pure comparative negligence include Alaska, Arizona, California, Florida, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington. Modified Comparative Negligence In a modified comparative negligence doctrine, an injured party’s claim to damages is reduced by the percentage of their liability, just like in a pure comparative law. However, if the injured party’s liability exceeds 50% or 51%, depending on their state, they are barred from recovering any damages from the at-fault party. Some states follow the 50% bar rule, which allows the injured party to claim damages against the at-fault party as long as their contribution to their injury is less than 50%. For example, an injured party found to have contributed 40% to their injury can pursue a claim of damages minus their liability against the at-fault party under this rule. If the injured party incurred a total of $100,000 in damages, they would be able to claim $60,000 from the at-fault party. States that follow the 50% bar rule include Maine, Arkansas, Nebraska, Colorado, North Dakota, Georgia, Idaho, Tennessee, Kansas, Utah, and West Virginia. Under this 51% rule, an injured party determined to be either equal or less than the at-fault party’s liability to the injury can claim damages against the at-fault party, minus their degree of fault. For example, if the injured party is found to have contributed 50% to their injury and that they had incurred $100,000 in total damages, then they can pursue a claim but only for the amount of $50,000. A majority of states, 23 to be exact, follow the 51% bar rule. These states include Connecticut, Pennsylvania, Delaware, Hawaii, Illinois, South Carolina, Indiana, Texas, Iowa, Vermont, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Oklahoma, West Virginia, Wisconsin, and Wyoming. Slight/Gross Negligence The slight or gross negligence rule is the type of comparative negligence that only South Dakota follows. Under this doctrine, both parties’ degrees of fault are compared to each other to determine if there is a claim for damages. If the injured party is found to have some “slight” negligence to their injury, and the other party is determined to have “gross” negligence on the incident, then a claim for damages is allowed. However, if the injured party’s fault is determined to be “more than slight,” then they are prevented from recovering and claiming damages from the other party. Are There Any Exceptions To The Application Of Pure Comparative Negligence In A Lawsuit In Louisiana? Yes, there is. Under Louisiana Civil Code CCC 2323, pure comparative does not apply in intentional tort cases where a party was injured or died due to the other party’s intentionally or knowingly causing the said injury or death. Under these circumstances, an injured party’s claim would not be reduced even if they partly caused their injury. How Does Contributory Negligence Differ From Comparative Negligence? A critical difference between contributory negligence and comparative negligence is that an injured party who contributed to their injury in any capacity cannot recover any damages or claim against the other party in the comparative negligence doctrine. In contrast, an injured party is not necessarily barred from recovering damages from the other party under the comparative negligence doctrine. Understanding comparative negligence or fault as it applies to the State of Louisiana is vital to any personal injury lawsuit as this information is essential in assessing the claimed damages. If you or a loved one is a party to a personal injury lawsuit, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638 or you can click here to contact us for a consultation. Our dependable physical injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

Personal Injury

All About Defective Product Lawsuits in Louisiana

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All About Defective Product Lawsuits In Louisiana The state of Louisiana adopts a strict liability cause of action against a defective product manufacturer. Under the Louisiana Product Liability Act, a manufacturer is liable to an injured party for the damages proximately caused by a characteristic of their product that renders it “unreasonably dangerous.” Who Are Considered Manufacturers In A Product Liability Claim? Under the Louisiana Products Liability Act, a manufacturer may include any entity producing, fabricating, constructing, or designing a product. It may also include an entity incorporating a component or material made by another entity into the final product. Moreover, a seller of a product may also be identified as a manufacturer under the law if they have any control or input to the product’s design, construction, or quality. What Categories Of Claims Can A Product Be Considered Unreasonably Dangerous? To validly claim that a product is unreasonably dangerous, an injured party must be able to show a product defect in at least one of the categories listed below: Unreasonably Dangerous In The Construction Or Composition Of The Product This applies if the product deviated from the manufacturer’s specifications or performance standards materially from when it left the manufacturer’s control. Unreasonably Dangerous In The Product’s Design This applies if, at the time the product left the manufacturer’s control, there existed an alternate design for the product that could have prevented the claimant’s damage and that the burden of adopting the alternative design would have been minimal compared to the damage incurred by the injured party. Unreasonably Dangerous Due To The Lack Of Adequate Warning By The Manufacturer For The Dangers Posed By The Product This applies when a manufacturer makes an untrue express warranty and said expressed warranty induced the injured party to use the product, and that the damage was proximately caused by the false express warranty. Unreasonably Dangerous Because Of Nonconformity To The Manufacturer’s Express Warranty About The Product. A police report is a required document for all insurance or court claims. Therefore, you must make sure that the police report contains only an accurate depiction of the accident. It is also vital that you report any injury and damage, no matter how minor or insignificant it may be, as it may develop into something major later on. Make sure to triple-check and confirm all the information on the police report before you sign it. Please do not sign the report unless you have confirmed its content. It is critical that you also take the police officer’s information in the event that you need to clarify or modify the report. It is important that you also keep a copy of the report for your records. What Are The Four Elements Of A Product Liability Claim Under The Louisiana Products Liability Act? The injured party has the burden of proof to satisfy the following four elements to recover in a product liability claim under Louisiana law successfully: There was an injury or loss suffered That the product is defective That the product’s defect has caused the damage or loss sustained; and The product was being used as it was intended What Kind Of Damages Can An Injured Party Claim Against A Manufacturer In A Products Liability Case? The Louisiana Products Liability Act allows injured parties comprehensive claims against the manufacturer in a products liability case. Such damages may include lost wages, pain, and suffering, future loss of enjoyment of life, loss of ability to work, medical expenses, whether it be for past, incurring, and even foreseeable medical expenses, as well as other actual damages that are related to the injuries incurred due to the defective product. Are There Any Limitations To Damages An Injured Party Can Claim Against A Manufacturer? Yes, there are. Generally, Louisiana Products Liability Act does not allow the recovery of punitive damages. This means that an injured party can only claim extensive actual damages incurred from the defective product. Is There A Time Limit To Filing A Product Liability Case Against A Manufacturer? Yes, there is. Under Louisiana law, a claim for personal injury or product damage must be filed within one year of the date of the injury. However, the one-year time does not begin until the injured party knew or should reasonably have known about their injury and its connection to the defective product. Are There Any Specific Manufacturers Of Products That The Louisiana Product Liability Act Does Not Apply? Yes, the following manufacturers and service providers are exempted from product liability claims under the Louisiana Products Liability Act. Professional services providers, including those whose services results in a defective product Non-professional service providers when their service is focused on the furnishing of judgment or skills even if it results in a defective product Producers of the following products: natural fruits, other raw products in their natural state that were derived from animals, fowls, aquatic life, or invertebrates, including milk, eggs, honey, and wool. Producers, including farmers, of agricultural plants in their natural state Producers, including harvesters, of seafood, or aquatic life in their natural state Navigating a product liability case against a manufacturer is a complicated matter, and it involves comprehensive legal analysis, investigation, and application of the law. Having a competent legal representation could provide your case with a better resolution. If you or a loved one has been injured or adversely affected by a defective product, you need a reputable lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638 or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your lawsuit.

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