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Personal Injury

Personal Injury

Should You Get an Accident Report After a Crash?

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  Should You Get An Accident Report After A Crash? If you’ve been in the unfortunate event of being involved in a car accident, you should be familiar with the importance of an accident report. This form is the backbone of any claims you may have regarding your accident, regardless if you or the other party is at fault. Therefore, it is vital to obtain a copy and ensure that the police accident report is accurate. What Is An Accident Report? An accident report, also known as the crash report or an incident report, is the formal document completed by the officer present at the accident, accounting for all pertinent information regarding the incident. It contains the official report after law enforcement has conducted its investigation. Why Is An Accident Report Important? An accident report is typically required for insurance claims or lawsuits, given its official capacity for the accident. It is also essential since it contains information that provides a third party who was not at the scene of the accident to assess what happened. Is An Accident Report Required To Be Filed Under Louisiana Law? Under Louisiana Revised Statutes Sections 32:398, an accident report is required for accidents that result in either: an injury or death of any person, or Property damage over $500 Who Writes Up The Accident Report? The law enforcement officer who was present at the car accident scene and investigated the incident will write the report. If the Louisiana State Police investigated the accident, the investigating law enforcement officer is supposed to forward their written report of the accident to the Department of Public Safety and Corrections within forty-eight hours upon their completion of their investigation. In reality, it usually takes at least seven to ten days before the officer can complete the investigation and submit the report. However, suppose the accident occurred within the limits of a parish, city or town. In that case, the investigating officer will forward their report to the sheriff’s office or the police department. A copy is supposed to go the Department of Public Safety and Corrections within the same forty-eight hours limit upon the conclusion of their investigation. However, that often does not happen. What Information Is Included In An Accident Report? A police accident report contains all the pertinent information referring to the accident, including: All of the names, contact information, car insurance coverage information, and the model of the vehicles involved in the accident; All of the names and contact information of the passengers involved in the car accident; An accurate and detailed account of how the accident occurred based on the investigation of the officer. The accident report may include witness account, the evidence available, and other pertinent information such as the condition of the pavement, weather, and traffic condition when the accident happened; and The accident report will also indicate whether a ticket or arrest has been issued due to the accident. How Long Does It Take Before An Accident Report Is Completed? Generally, a police accident report is available seven days after the officer has completed their collision investigation. It is beneficial to request the accident report through your legal counsel to ensure that it is asked for and delivered correctly. Moreover, an attorney can address any issues on the information to the investigating law enforcement officer to ensure the integrity and accuracy of the accident report. How Can I Obtain An Accident Report? There are numerous ways one can obtain an accident report for their car accident. Some of the ways they can get a copy of the report are through the following: An online request can be done from the Louisiana State Police through their website. However, only accidents that occurred on non-toll roads on or after January 1, 2015, can be requested through their online portal. A written request or an in-person request may be needed to obtain an accident report for other incidents that occurred before January 1, 2015. If the accident occurred in a city or town limits, the local Sheriff’s Department or the appropriate City Police Department might have a record of the police accident report. Depending on how each town’s sheriff’s department or city’s police department operates, you may be able to request a copy of the police accident report online. However, some departments require in-person or mail-in requests for police accident reports. There are also a couple of private companies that provide police reports through their websites. However, there is no guarantee that the report pertaining to your accident is available, or if there are any issues with the information included in the report, you would still have to reach out to the investigating law enforcement’s department. Thus, this method may be more costly, time-consuming, and ineffective. The most accessible, most efficient, and trusted way to request and obtain an accident report is through your attorney. Our firm is knowledgeable and experienced in handling accident cases, including issues with accident reports and claims. By reaching out to us, we can timely assist you in obtaining a copy of the police accident report from the proper source and work with the investigating law enforcement officer on your behalf if there are any issues with the police report. More importantly, we can also advise you on any legal matters about your case. We can work with you in assessing the issues caused by the accident or answer any questions you may have regarding third-party claims, insurance claims, or other legal matters arising from the accident. If you have been involved in a car accident in Louisiana and unsure of what to do to ensure that your interests are protected and advocated, you should speak with us. Our experienced personal injury attorneys have extensive knowledge in representing the interest of our clients in vehicular accidents. Please feel free to give us a call at (225) 963-9638, or you can click here to contact us and schedule a free consultation.

Personal Injury

Do Roundabouts Reduce Traffic Accidents?

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Do Roundabouts Reduce Traffic Accidents? Roundabouts are not common in most American roadways. However, the Louisiana Department of Transportation and Development (DOTD) has been utilizing roundabouts for over a decade and are in process of building and planning to implement more roundabouts across the state. Thus, Louisiana drivers need to familiarize themselves with the rules of how to use a roundabout. What Are Roundabouts? Roundabouts are one-way circular intersections where traffic flow moves through a center island in a counterclockwise manner. Roundabouts are designed to enhance the flow of traffic for motorists, bicyclists, and pedestrians. Roundabouts are also adapted to improve traffic safety by redirecting some of the conflicting traffic that causes crashes to traditional intersections. What Are The Benefits Of A Roundabout? There are numerous benefits to adapting roundabouts. Some of these benefits of a roundabout include: They can improve safety by eliminating severe crashes since those entering the roundabouts must stop and yield to those already in the roundabout. According to the studies conducted by DOTD, a roundabout is an effective safety traffic tool. Specifically, they found that fatalities were prevented by up to 90%, injury crashes by 76%, and pedestrian crashes by about 30% to 40%. They can enhance the flow of traffic with less stop-and-go than a traditional traffic light intersection. Compared to a traffic light intersection, a roundabout can help decrease vehicles’ fuel consumption and carbon emissions by reducing vehicle delay and duration of stops. They eliminate the costs to install and maintain signal equipment, including electricity costs. They can provide an average of 25-year service life compared to a 10-year service life of a traditional traffic light signal. How Do You Properly Use A Roundabout? According to the DOTD, the proper way of using a roundabout are as follows: Look for the roundabout sign, which is a yellow sign with three arrows forming a circle in a counterclockwise manner. This sign would indicate that a roundabout is approaching. Slow down to 10-15 mph as you approach the roundabout and yield to the pedestrians in the crosswalk. Always watch out for bicyclists that are merging into the travel lane, and let them merge. Yield to the vehicles on the roundabout as they have the right of way. Once there is a safe gap in the traffic, slowly enter the roundabout and do not pass bicyclists ahead of you. Once in the roundabout, do not stop in the roundabout until you get to your exit. Once you are approaching your exit, use your right turn signal to inform others that you are exiting the roundabout. Watch out for pedestrians as they have the right of way in the crosswalk. How Should Bicycle Riders Use A Roundabout? Bicyclists are expected to use a roundabout in the same manner as their automobile driver counterparts. Bicyclists should refer to the instructions listed above on how to use a roundabout properly. In addition to the instructions above, the following tips apply to bicyclists using a roundabout: If you are riding on the shoulder or bike lane, you should merge into the travel lane before the shoulder ends by moving slowly and signaling your intention to merge into the traffic. If you do not want to ride your bicycle in the roundabout, you can use the sidewalk and travel through the roundabout as a pedestrian. If you do, see below for pedestrian rules. Once you are in the roundabout, it is essential to remember the following: do not hug the curb, ride close to the middle of the lane to prevent cars from passing you, and watch for vehicles waiting to enter the roundabout. How Should Pedestrians Use A Roundabout? To safely walk through a roundabout, a pedestrian must adhere to the following instructions: They must use the designated crosswalk in the roundabout and never on the central island or the roundabout itself. They must cross one lane at a time to the splitter island and not walk through both the entry and exit lanes. By stopping at the splitter island, the pedestrian can assess the ongoing traffic before crossing the road safely. They must watch for oncoming traffic when crossing an entry lane, even if the pedestrian has the right of way in the crosswalk. They must watch for cars and bicycles leaving the roundabout when crossing the exit lane, even if the pedestrian has the right of way in the crosswalk. Even though pedestrians have the right of way in the roundabout, it is important to be alert and cautious of the oncoming traffic to prevent accidents. Can Trucks Or Large Vehicles Use A Roundabout? Yes, they can. Roundabouts accommodate all land motor vehicles, including trucks, buses, or other large vehicles. In fact, the part of the roundabout called the Truck Apron, which is the area between the circulatory roadway and the central island, is designed for the rear wheels of these large vehicles to safely track to accommodate their large turning radius. Who Has The Right Of Way In A Roundabout? Among automobile drivers and bicycle riders, the priority rule is that whoever inside the roundabout has the right of way over any driver entering the roundabout, regardless of the direction they are coming from. Thus, every entrance to the roundabout has a yield sign. However, it is essential to note that the pedestrian has the right of way in a crosswalk, regardless of whether the automobile driver or bicycle rider is entering or exiting the roundabout. If you have been involved in an accident in a roundabout in Louisiana, you should speak with us. Our experienced personal injury attorneys have extensive knowledge in representing the interest of our clients in traffic accidents. Please feel free to give us a call at (225) 963-9638, or you can click here to contact us about a free consultation.

Personal Injury

Most Common Causes of Auto Accidents in Louisiana

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Most Common Causes Of Auto Accidents In Louisiana On average, it is estimated that there are over 6 million car accidents in the United States every year. These accidents can have devastating effects on individuals or families that are involved in these tragic events. Although some of the injuries or damages incurred in accidents are minor, some are life-altering. Some of the damages include but are not limited to property damage, whether to the car itself or other properties; mental and physical injuries to all involved parties, including trauma, discomfort, minor scrapes, broken bones, temporary or permanent disabilities, or even death. In an effort to prevent car accidents, it is vital to be aware of the common causes of car accidents. By raising awareness for these causes, a sound motorist might be influenced to take preventative measures and precautions while driving. The most common causes of car accidents in the United States can be categorized into two different types: accidents that are due to driver error and those unrelated to human error. Car Accidents Caused By Driver Error Some of the common causes of car accidents are attributed to driver error. This category of accidents applicable to the majority of car accidents. These type of errors include, but not limited to: Distracted Driver It is expected that the driver’s attention while driving should be solely focused on the road. However, distractions for the driver are readily available and often accepted by people now-a-days. After all, driver distractions can arise even with the slightest interference from readily available sources. Some of these distractions can be from the radio, another person talking to the driver, whether in person or through the phone, a crying child in the back seat, something on the road that caught the driver’s attention, or even while looking for directions. By switching brain attention from one task or source to another, the driver’s attention is consistently being shifted, and thus, cause distraction than focusing on the road ahead. Drunk Driving Or Driving Under The Influence Somewhat related to the topic above, drinking or being under the influence of drugs while driving can dramatically affect the driver’s ability to control the vehicle and competently respond and react to the condition of the road. Aggressive And Reckless Driving Aggressive or reckless driving is the type of driving that may or may not violate traffic rules but definitely puts motorists and innocent pedestrian’s life in danger. Some examples of aggressive or reckless driving may include, speeding, failing to stop on red lights or stop signs, switching lanes too quickly, failing to adhere to the right of way for others, driving too close to other vehicles, or even purposely failing to follow cautionary measures set by traffic law. Health Reasons Another tragic cause of a car accident is when a driver gets into a health issue while driving. Some of these health issues can be a heart attack, panic attack, or other similar occurrences. These serious health issues may cause the driver to lose control of the vehicle and cause an accident. Fatigue Another factor that can affect a driver’s inability to be in control of their vehicle and aware of their driving conditions is fatigue. Fatigue is attributed to the driver’s sleepiness, drowsiness, or extreme exhaustion. These can either be perfectly innocent or induced from medication or other elements. Nonetheless, the driver must be aware of their physical condition before and while driving in order to properly assess if they are fit to be on the road. Car Accidents Caused By Other Factors Some of the common causes of car accidents that can be attributed to other factors outside of the driver’s control or error include: Weather Conditions Even a slight change in weather can cause severe effects on road conditions, including slippery roads from rain, snow, or ice that can cause loss of traction in tires. Moreover, water/flood levels, fog, and winds may adversely affect driving conditions that can cause car accidents. Road Conditions Some of the road conditions include: potholes, uneven roads, or even trash in the road can all cause severe motorists’ driving conditions and can lead to a car accident. Moreover, technical issues with street lights and traffic lights can contribute to poor road conditions and lead to car accidents. Vehicle Defects As technology advances, cars get more innovative. However, even with advanced technology, car defects can still occur. After all, a car consists of hundreds of parts that needs to coordinate in a precise manner to function safely. However, a defect in one single part may cause the vehicle to malfunction and lead to an accident. Therefore, it is very important to keep one’s vehicle in good driving condition. This could mean keeping up with the maintenance of the vehicle, along with compliance with any manufacturer recalls or issues. Although car issues can occur with or without warning, it is important to be on top of possible issues that the car may be experiencing in order to prevent an accident. As one can discern from the list above, car accidents can occur due to so many different factors that may or may not be within the driver’s control. Nonetheless, it is crucial to practice defensive driving to avoid car accidents in the first place. Getting into an accident is a tragic event that requires not only medical attention but also legal attention. You need an experienced personal injury attorney to defend your rights and ensure that your interests are put forth in your claims. If you need the assistance and representation of an experienced personal injury attorney, please feel free to give us a call (225) 963-9638, or you can click here to contact us about a free consultation.

Personal Injury

Determining the Value of a Lost Wage Claim After and Accident

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  Determining The Value Of A Lost Wage Claim After And Accident People have to be aware of help with wage claims and help after a DUI arrest. In personal injury claims, including car accidents, lost wages are a critical factor in the settlement. Plaintiffs put forth these claims to get compensated for wages or earning capacity that they lost due to the injuries and the effect of the injuries they sustained from the accident. However, lost wages are calculated in various forms and dependent on the Plaintiff’s type of employment and wage arrangements. In addition, other similar claims, including loss of income and future earning capacity, are considered part of the settlement. These additional claims can also be calculated differently. The different calculations that may be applied in calculating lost wages for settlement purposes are as follows: Hourly Paid Employees Calculating lost wage claims for individuals that are paid on an hourly wage basis is pretty straightforward. However, note that this particular calculation applies only to individuals paid on an hourly basis and have a consistent or determined amount of work hours. The calculation is as follows: Take the hourly wage and then multiply by the hours missed due to the accident-related injuries. This number would be the total amount of lost wages incurred by the Plaintiff. Hourly Paid Employees With Variable Hours It is also essential to consider that while some individuals are paid hourly; some do not have a set amount of hours per week or period. In this instance, the calculation for lost wage claims would be: Take the average of the number of hours worked from the last two or three months. Then multiply that average amount of hours by the hourly wage. This number is the amount of lost wages incurred by the Plaintiff. It is also important to note that if overtime hours are included in the variable hours calculation, then the individual must provide documentation from their employer that overtime is a regular part of their work schedule. Failure to provide this documentation makes the overtime hours presumptive, and those overtime hours will be taken out of the calculation. Salaried Employees Salaried employees are compensated a fixed amount regardless of how many hours they work each week. Typically, these employees are paid a set amount for a 40-hour workweek even if they work for more or fewer hours. Moreover, overtime generally does not apply to these types of employees. To calculate lost wages for salaried employees: Take the yearly salary and divide it by 2,080, which is the number of work hours in a year Multiply the number from the calculation above by the hours missed due to your accident-related injuries; this number will be the amount of lost wages incurred by the Plaintiff. Independent Contractors Or Self-Employed Individuals, Or Self-Employed Business Owners Individuals classified as independent contractors, gig workers, freelancers, or self-employed business owners cannot technically claim lost wages since they do not receive wages. However, individuals under this classification can claim lost income as part of their damage settlements. To calculate the specific earnings lost by the Plaintiff, they must: Present documents such as a 1099 form, correspondence, invoice, or receipts that may show the amount of profits that they would have made if they were not injured in the accident. Loss Of Future Earning Potential Another aspect of a personal injury claim that may be related but not interchangeable with lost wage claims is the loss of future earning potential. This calculation centers on whether the Plaintiff has been left permanently disabled, rendering them unable to go back to their job, or having to scale down their hours, responsibilities, titles, or earning capacity due to the injuries they incurred on the accident. To qualify for loss of future earning potential, the Plaintiff must prove the legitimacy of their claim by: Showing proof of wages and income incurred before the injury. This can be established by providing tax returns, pay stubs, W-2s, 1099s, business profit, and loss statements, or employer statements. Proof of medical evidence showing the Plaintiff’s medical history, treatment reports, and expert testimonies may indicate that due to the injuries incurred by the Plaintiff from the accident, their current or future earning capacity has either been reduced or eliminated. The process of calculating the loss of earning potential is more complex than the loss of wage claims calculation. Such complexity is because more components are considered and examined in calculating the amount and the presumptive nature of some of these factors. Some of the components considered in determining the reasonable settlement value in a loss of future earning potential includes: The Plaintiff’s work profile; The Plaintiff’s earning history; The Plaintiff’s talents, skills, education, and abilities; The Plaintiff’s age and other physical and mental capabilities before the injury; The medical expert professional’s determination the extent of the injury; The injury’s relation to the nature of the Plaintiff’s job; The costs of additional training for a Plaintiff to return to work in a new field; Using the current market value and wage rates, the calculation would focus on the amount of income that the Plaintiff would earn today and in the future. As one can discern from the information provided in the article, calculating for loss wages, income wages, and loss of future earning capacity can be complicated. Thus, the assistance of a knowledgeable personal injury lawyer can help you ensure that the proper compensation is awarded in your case. If you or a loved one have been seriously injured in an accident that caused injuries that have affected your or their ability to earn a living, give us a call at (225) 963-9638, or contact us using the form below to arrange a free consultation so we can assess your claims. Our experienced personal injury attorneys can help you evaluate and prove your claim for lost wage, loss of income, or loss of future earning capacity so that you or your loved one can be rightfully and fully compensated for the

Personal Injury

Wrongful Death Claims in Louisiana

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Wrongful Death Claims In Louisiana Losing a loved one is never an easy reality to face. It is especially difficult when their untimely death is attributed to the negligence or wrongful act of another. Aside from the grief and sadness that comes with losing a loved one, it also often results in financial challenges, significantly if the deceased contribute financially for their family. In these cases, it is appropriate for the decedent’s survivor to file a wrongful death claim against the responsible party. However, wrongful death claims are subject to strict requirements and can only be filed by specific survivors. Therefore, the guidance of a knowledgeable personal injury lawyer is valuable in ensuring that your loved one’s legacy and the claim are valid as its filed with the court. What Is A Wrongful Death Lawsuit? A wrongful death lawsuit is a type of claim filed by specific survivors of a deceased person in cases where the fatality is attributed to the negligence, malpractice, or wrongful act of another party. Who Is Eligible To File A Wrongful Death Case In Louisiana? Louisiana Civil Code Article 2315.2 establishes the specific categories of survivors of the deceased individual that can bring a wrongful death claim to court. Under Louisiana state law, the following survivors are entitled to file a wrongful death claim against the responsible party: The children or surviving spouse of the deceased person. If there are no surviving spouse or children, the surviving parents or parent of the decedent can file. If there are no surviving spouses, children, or parents of the deceased, then the decedent’s surviving siblings can file. If there are no surviving spouses, children, parents, or siblings of the decedent, then the surviving grandparents of the deceased can file. If there are no surviving family members of the deceased person, then the decedent’s estate can bring a wrongful death claim. However, it is essential to note that parents who have abandoned the decedent during their childhood are precluded from filing a wrongful death claim. Moreover, adopted family members who are listed in the categories above, including, but not limited to, adopted children, adoptive parents, adoptive siblings, and adoptive grandparents can file wrongful death claims in court. What Do I Need To Prove In A Wrongful Death Claim? For a wrongful death claim to prevail in Louisiana, the following factors must be proven by the survivor on their claim: There is a death of a human being; The cause of the death is due to the negligence, malpractice, or intent to cause harm by another; There is a duty by the person who caused the death owed to the decedent; That duty owed to the decedent was breached; and The death of the individual has a negative financial impact on its surviving family members. When Should The Survivor Of The Deceased File For Wrongful Death Claim? Generally, there is a one-year limit from the time of death for the survivors to file a wrongful death claim in court. This time limit is different from the statute of limitation imposed on any criminal charge that the State may have filed against the person responsible for the decedent’s death. What Are The Damages In A Wrongful Death Claim? Wrongful death claims are classified under personal injury law, and damages suffered by the survivors are a significant aspect of the settlements and claims in these cases. Damages in wrongful death claims can include non-economic and economic losses. Economic damages refer to compensate the survivors for the tangible losses it incurred or will incur due to the decedent’s death. These costs are typically measurable and specific. Such damages could include: The cost of the burial and funeral expenses. The lost wages, income, and benefits of the deceased; The medical bills incurred by the deceased due to the illness and injury caused by the responsible party; The dollar value allocated to the damages to the property due to the decedent’s illness, injury, or death is caused by the responsible party. In contrast, non-economic damages are typically more subjective than economic damages. This type of compensatory damages cannot be easily quantifiable with a certain amount like economic damages. Nonetheless, these claims are an essential aspect of a wrongful death claim. Such damages can include: The pain and suffering incurred by the deceased caused by the injury or illness caused by the responsible party; The loss of companionship, guidance, emotional support, emotional grief, and trauma suffered by the decedent’s survivors resulted from the suffering and death of the deceased. Can A Survivor File A Wrongful Death Claim If The State Has Already Filed Criminal Charges Against The Responsible Party? Absolutely, Yes. The family can and should file a wrongful death claim even if the State has filed the criminal charge against the party responsible for the decedent’s death. It is essential to recognize the significant distinction between a criminal case and a civil case. In a wrongful death claim, the State may charge the responsible party, making it a criminal case. However, a wrongful death claim is a civil case and can only be filed by the classified survivors of the decedent listed above. Aside from the vast distinction between who can file and charge the responsible party in criminal and civil cases, the penalties also vary. In a criminal case, the penalties faced by the responsible party may include fines, probation, or prison time. However, in a civil case, the penalties faced by the responsible party are monetary damages, which include economic and non-economic damages that are payable to the decedent’s survivors. In addition, criminal charges and civil claims do not directly affect each other even if they both stem from the same occurrence, which is the decedent’s death. Thus, a criminal charge filed by the State does not preclude the decedent’s survivors from filing a wrongful death civil claim against the responsible party. The requirements set for wrongful death claims are time-sensitive and specific in nature. Thus, the help of an experienced lawyer

Personal Injury

Being a Victim in a Bicycle Accident

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Being A Victim In A Bicycle Accident Are you an avid bicycle rider in Baton Rouge? If so, read on to familiarize yourself with what you should do to protect your best interest in the unfortunate event you get into a bicycle accident. It is good to note that bikes are considered vehicles in Louisiana, so riders are subject to the same rights and duties as drivers of actual vehicles, such as cars and trucks. This means that a bicycle rider is subject to the same claims if they are deemed responsible for the accident. Regarding liability, it is important to understand that Louisiana is a pure comparative fault state, which means that if the victim contributed to their own injury or accident, then their recovery will be reduced by their own percentage of fault. Basically, a victim’s claim would be limited to the amount they did not contribute to the accident or injury, so if a victim is found to be 40% at-fault for the accident or their injury, then their recovery would be reduced by 40%. Call 911, And Wait For The Police To Arrive Bicycle accidents are just as serious as other vehicular accidents, so you should call 911 as soon as the accident has occurred. Since bicycles are considered vehicles under Louisiana laws, the biker and the motorist are legally obligated to remain at the scene after the accident, especially if there have been damages to either party. However, it is important to note that you do not leave the scene even if you feel or think that you are not injured since many traumas from a bicycle or vehicular accidents are not obvious at the outset. Obtain The Other Party’s Information Another critical action to do is to exchange information with the other motorist with the help of attorneys for those who faced DUI charges. Both parties must provide the following information: name, address, phone number, driver’s license number, license plate number, make of car, and insurance policy number. It is also important to note that you should not contact Augusta injury lawyers for hire for your case but also must make sure that you don’t negotiate with the other motorist even if they express responsibility for the accident since you may not be fully aware of the damage and injuries caused by the accident. More so, it is prudent to let a sound legal professional handle the negotiations. Obtain Witness Information Another essential party to your bicycle accident is the witness. If they are available at the scene, you must obtain their information, including their name and contact information. It is also a good idea to ask them to stay at the scene until the police arrive to provide their witness account on the police report. Document The Accident And The Damages In order to preserve the documentation’s integrity, information about the accident must be written down as soon as possible. Facilitate And Obtain A Copy Of The Police Report 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. Seek Medical Attention As mentioned above, not all injuries are obvious right after the accident. Thus, it is important to consult a doctor and get a written evaluation immediately after the accident, even if the injuries are minor. It is also good to have your injuries photographed and record any symptoms you may have for several days or weeks. Preserve All Evidence From The Accident To assist your legal claim and rights, it is essential to you preserve all evidence from the accident. This might include keeping the clothes at the same condition as when it was worn at the time of the accident even if they were not damaged. It is also critical that the bicycle, accessories, and parts are preserved in the same condition as they were right after the accident. If possible, keep the damaged bike, parts, and accessories as is. If it is necessary to have them repaired, take photographs of the damaged items, and get a written document of the damages before repair. Seek Guidance From An Experienced Bicycle Accident Lawyer The next big and important step to take after a bicycle accident is to retain a competent legal representative. As with any motor accidents, the process is full of negotiations, paperwork, and claims. An experienced personal injury attorney (lawyers for car accident victims should be checked out here) could not only guide you on this complicated process, but they can also advocate on your behalf to get the claim you rightfully deserve. If you or a loved one have been in a bicycle accident in Louisiana, you should speak with an experienced personal injury attorney. Please feel free to give us a call (225) 963-9638, or click here to contact us about scheduling a free consultation.

Personal Injury

What Does "Policy Limits" Mean in an Accident Case?

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What Does “Policy Limits” Mean In An Accident Case? Today we are going to talk about the term policy limits. What Are Policy Limits And Why Are Policy Limits Important? When we say policy limits we are talking about all of the insurance that the other driver has, so the person that hits you has an insurance policy. If they are in Louisiana and they have state minimum coverage then their policy limit is $15,000. That means that is all the money you can get from their insurance company. Now there is a right to sue the driver past the amount of insurance they have but it can often be very difficult to recover money from an individual as opposed to an insurance company. Again if they were buying state minimum coverage they probably don’t have any money to satisfy judgment against them above the amount of their policy limits. Are All Policy Limits The Same? So far I have talked about state minimum coverage, but it is not the case that everybody has a $15,000 policy limits, some people have $25,000, $50,000, $100,000. If you’ve been in an accident with a commercial vehicle that vehicle probably has at least a $1,000,000 in coverage. If it’s a company they could have a $1,000,000 on the vehicle and they could have excess policy or what is called an umbrella policy that provides even more, so the policy limits can be quite high in every accident. It is important to know what the policy limits are because it lets you know how much money you can hope to recover. UM And UIM Insurance There are some other things you can do to increase policy limits, on your own you can buy um coverage, um is uninsured motorist or underinsured motorist coverage and we advise all of our clients to buy this. If someone hits you and they do not have insurance their policy limit is zero because they don’t have a policy so who would pay in that situation? Well, if you had UM coverage you could make a claim against your own insurance for your damages and for your car repair, your personal injury, stuff like that. Or, let’s say the person hits you and they had $15,000 worth of insurance but you were hurt pretty bad and your medical bills were $20,000, then you could claim onto your own UM coverage. So we recommend that everybody have UM coverage. In every accident, it’s going to be important to know what policy limits are at play. This is something that the insurance companies don’t often volunteer to tell you just what policy limit their driver had especially if you don’t have an attorney. When you call an experienced attorney we have ways to find out the policy limits. If you have been in an accident and you want to know if there going to be enough money available to pay for your medical expenses, is there going to be enough money available to pay for you injury or my pain and suffering you should speak with an experienced accident attorney. We are located in Baton Rouge; you are welcome to give us a call (225) 963-9638 we offer a no-cost consultation give us a call today and we can talk about your accident and what you might hope to recover.

Personal Injury

Getting the Most Money for Your Car Wreck Case

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Getting The Most Money For Your Car Wreck Case If you’ve been in a car accident in Louisiana, you probably have questions about what types of payments you are entitled to and how much money you can get. Each case is unique and the amount one person gets in a case may be different than what someone else gets, even in a very similar auto accident case. The injuries can be different and certain injuries can impact your life differently. There can be differences in lost wages, costs to fix or replace a car, and the medical treatment necessary after an auto accident. After you’ve been injured in a car accident, there are several steps you can take to make sure you recover the most money for your case. Types Of Damages Available To Recover The types of damages available to accident victims in Louisiana fall into two broad categories known as general damages and special damages. Special damages include things like medical bills, lost wages, the cost to fix your car, and other amounts that can be fixed to a definite number. General damages include things like physical pain and suffering, mental anguish, emotional distress, and the loss of enjoyment of life. You cannot put a fixed number on general damages, but over time the legal system has developed ranges in which certain types of general damages would likely fall. Know How Much Insurance Is Available In a car accident, there can be several sources of insurance available to pay for your injuries. The most common source is the insurance of the at-fault driver. Depending on how much insurance the at-fault driver has, your own uninsured or underinsured motorist policy may provide coverage – if you have UM coverage. We recommend that everyone purchase UM coverage. Many policies carry a small amount of insurance that will pay medical bills regardless of who was at fault in the accident. If you were in the course and scope of your employment at the time of the accident, workers’ compensation benefits may be available to pay for your medical bills and a portion of your lost wages. If the at-fault driver was in the course and scope of his or her employment the time of the accident, the employer may have an excess insurance or umbrella policy that provides additional coverage. Insurance Coverage For The At-Fault Driver Louisiana has state minimum insurance policies of $15,000 per person per accident, with a $30,000 maximum. That means if one person was injured in an accident, and the at-fault driver has a state minimum policy, the most the injured person can recover from the at-fault driver’s insurance is $15,000. Two people injured in the accident would be able to recover $15,000 each. But three people injured in the accident would have to divide the $30,000 policy between them. It is possible to get a judgment for more than the amount of the policy against the at-fault driver personally, but it can be very difficult to actually get any money out of the at-fault driver above the amount of insurance he or she carries. While $15,000/$30,000 is the state minimum for bodily injury insurance policies, not everyone has state minimum coverage. Lots of people carry more coverage than the state minimum. If the at-fault driver has a $25,000/$50,000 policy, then one injured person would be able to recover up to $25,000 from the at-fault driver’s insurance company. Three people injured in the accident would be dividing up policy limits of $50,000. If the at-fault driver was a commercial vehicle, like an 18-wheeler or a company work truck, the vehicle is likely covered by at least $1,000,000 in coverage. An injured person would be able to recover up to $1,000,000 against the at-fault driver’s insurance company. This may be true also if the person was driving a company car or even a personal car while in the course and scope of employment with the company. Uninsured Or Underinsured Motorist Coverage Uninsured motorist coverage provides insurance coverage to you if you are in an accident that is caused by someone without insurance. Underinsured motorist coverage provides insurance coverage to you if you are in an accident that is caused by someone who has insurance, but whose insurance is not sufficient to cover the costs of your injuries or property damage. Both are often referred to as UM coverage. I advise everyone to get UM coverage. It usually only costs a few dollars a month and it is a huge help if you find yourself in a position to need it. When you purchase car insurance in Louisiana, it actually automatically comes with UM coverage unless you affirmatively select that you do not want the coverage. UM coverage can be for just property damage and economic losses, or it can also provide compensation for injuries. One example of an economic damages UM claim would be if the person that hit you does not have enough insurance to pay for the damage to your vehicle. A Louisiana state minimum policy covers up to $25,000 in property damage. If you are driving a $40,000 vehicle that is totaled in an accident, the at fault driver will not have enough insurance available to pay for your property damage. If you have economic damages UM coverage, it would kick in to cover the rest of your property damage. Another example of economic damages would be medical bills. A Louisiana state minimum policy only provides $15,000 for both bodily injury claims and medical bills. If you were in an accident that required a trip to the emergency room followed by several months of therapy and a consultation with an Orthopedic physician, your medical bills alone could easily exceed $15,000. In that situation, your UM coverage would kick in to cover additional medical bills up to the limits of your UM policy. You can also purchase UM insurance to provide additional coverage for bodily injuries. If you are in an accident caused by someone

Personal Injury

What Can I Do If I Was Injured by a Defective Product?

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What Can I Do If I Was Injured By A Defective Product? Each year, people are injured and killed by defective products that explode, fall apart, or pose other hazards to consumers. The economic and physical damages from these products can place everyone at risk, including children. No one should have to pay for damages caused by someone else, even if the third party is a company. If you or a loved one was injured by a product malfunction, consider hiring a Baton Rouge defective products attorney who can help you earn the compensation you deserve. Consequences Of Defective Products Defective products can cause harm to anyone from a child to an adult and in any place like work or at home. Toys, machines, electronics like smartphones, and bicycles can all contain product defects. It only takes one defect to ruin someone’s life. The damages caused by defective products can range from minor injuries to long-term disabilities. Exploding batteries in certain phones and hoverboard toys can result in serious injuries like third-degree burns, disfigurement, or brain damage depending on how close the person was to the explosion. Bicycles that unexpectedly fall apart can lead to broken bones in unsuspecting bike riders traveling at high speeds. Automatic machines at work or tools can quickly become dangerous if they function improperly. It is estimated that around $2,800 is spent per person because of defective children’s toys and stepladders. Overall, defective products can cost up to $1 trillion a year in damages. This is a substantial hit for those who suffer the costs. Types Of Defective Product Claims When it comes to product liability, there are three main types. Design defects exist in the product itself and can be traced back to all products of the same design. These defects can result in massive lawsuits against the product manufacturer by multiple consumers. For example, the hoverboard company was sued so many times that they retracted the hoverboard version with exploding batteries from store shelves. Manufacturing defects happen during the factory creation of the product. They may only involve one or a few products. This can happen from simple human errors or production errors in factory machines. Marketing defects involve incorrect labels or a lack of warning labels on products like medicines, machines, or power tools. For example, you have probably seen warning stickers on lasers that tell you not to shine the beam in your eyes or allergy listings on medications. These warning labels are designed to protect consumers. A lack of them may warrant a lawsuit. Seeking A Defective Products Attorney In Louisiana Suffering damages from a product you paid for can be frustrating, especially if the product was expensive and your medical bills were high. Talk to a Louisiana personal injury lawyer if this happened to you or a loved one and you are ready to take the next step. You may be eligible to receive compensation for pain and suffering, medical expenses, and lost wages. Call Big River Trial Attorneys today at (225) 963-9638 for a free case consultation.

Personal Injury

Recognizing Signs of a Spinal Cord Injury

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Recognizing Signs Of A Spinal Cord Injury Spinal cord injuries are often devastating for anyone who faces them. They can happen after a serious accident at work, while driving, or during recreational physical activities. Some people with minor spinal cord injuries can recover over time with lengthy rehabilitation and various medical treatments. However, many people with serious spinal cord damage will have to live with their newfound disabilities for life. You may not have to pay for the damages associated with your injury if the accident was caused by someone else. Talk to an experienced Louisiana spinal cord injuries lawyer if this happened to you and you are ready to seek compensation. Common Causes Of Spinal Cord Injuries Any kind of violent force to the spine can inflict damage to the spinal cord. The spinal cord is very fragile. This is why this delicate cord is protected by a bone cage called the spine. Violent impacts on the spine or unnatural bending of the back can crack or fracture the spine. When this happens, fractured vertebrae pieces can pierce and destroy parts of the spinal cord. Even if you do not experience immediate signs of spinal cord injury, this does not mean damage has not occurred. In some cases, inflammation, bleeding, and swelling in the impacted area can cause damage over time. Be sure to see a doctor as soon as possible if you suspect this has happened to you. Various types of accidents can cause this type of injury. Accidents at work like being hit by heavy objects or falling the wrong way can inflict spinal damage. Car accidents, especially rear-end car accidents, can do the same. Any of these types of accidents can involve negligence. Consulting with a lawyer can help you figure out whether you qualify for compensation. Signs Of A Spinal Cord Injury Since the spinal cord is responsible for communication between the brain and body, serious damage to the spinal cord can disrupt or prevent that communication. This damage can be manifested with signs of a spinal cord injury like: Lost bladder or bowel control Tingling sensations or numbness Inability to move certain parts of your body Back pain or unexplained pain after a hit to your back Trouble with breathing Signs that indicate you should seek medical assistance in an emergency room are: Complete loss of sensation in certain areas Problems with walking or coordination Abnormal back position Serious back pain or pressure Depending on the type of damage, some people may struggle with the inability to walk or feel any sensation below the site of the injury. Problems with talking, breathing, and other functions may also be present. Seeking A Spinal Cord Attorney In Louisiana Dealing with the aftermath of a spinal cord injury can be frustrating and draining. Adjusting to major life changes that come with this type of injury is difficult. A Louisiana personal injury attorney can help you if your injury was caused by the negligence of someone else. Depending on the circumstances surrounding your injury, you may be eligible to receive compensation for medical bills, pain and suffering, and future lost wages. Contact Big River Trial Attorneys at (225) 963-9638 for a free case consultation today.

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