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Personal Injury

Personal Injury

Understanding Wrongful Death Lawsuits in Louisiana

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Losing someone you love is one of the hardest things you will ever experience. When the death was caused by another person’s negligence, or carelessness, moving on is even more difficult and frustrating. Whether the death was caused by a car crash, an accident on someone else’s property, or a defective product, you can file a claim against the liable party. Like other personal injury claims, those involving wrongful death are governed by many laws. Below, our Baton Rouge wrongful death lawyer outlines what these are and how you can obtain the full compensation your family deserves. How Wrongful Death is Defined in Louisiana Louisiana law defines wrongful death as any death that is another person’s fault. Often, wrongful deaths are the result of someone else’s negligence, or carelessness. This is often true in car accident cases. On the other hand, wrongful death can also be caused by intentional acts, such as sexual assault or battery. Wrongful death cases involve claims that a person could have filed themselves if they had survived the incident. Due to the fact that they did not, certain loved ones can file a claim on their behalf. When a death was caused by a criminal act, the case is very different from a criminal proceeding. A criminal case will hold the at-fault party accountable to the state. The defendant may face certain criminal penalties, such as fines paid to the state and jail time. However, a criminal case will do nothing to compensate the family of the deceased. In order to obtain compensation, family members must file a wrongful death claim, which is a civil case. Additionally, during a criminal proceeding, the accused must be found guilty beyond a reasonable doubt. This is a high standard to meet. On the other hand, in a wrongful death claim, you must only show the defendant is liable by a preponderance of the evidence. This only means that you must show that it is more likely than not that the defendant caused the death. Who Can File a Wrongful Death Claim? Not everyone in Louisiana can file a wrongful death lawsuit. In order to be eligible to file a lawsuit, the plaintiff in the case must be a relative of the decedent. The order in which family members are given priority is as follows: The surviving spouse and children of the deceased, The surviving parents of the deceased, if there are no surviving spouses or children, The surviving siblings of the deceased, if there are no surviving parents, or The surviving grandparents of the deceased if there are no surviving siblings. Adopted relatives have just as much right to file a wrongful death lawsuit as blood relatives. However, if a parent has abandoned a child, they cannot later file a wrongful death claim to recover damages for the child’s death. Statute of Limitations in Wrongful Death Claims Like other personal injury cases, wrongful death claims have a statute of limitations of one year. Unlike in other personal injury cases, the statute of limitations starts on the date of the death and not the date of the accident that caused the death. The statute of limitations is a very strict law, and if you do not file your claim within that time, you will likely lose all right to obtain any compensation at all. Compensation Available in Wrongful Death Claims The damages that are available in wrongful death claims are meant to compensate family members for their losses related to the death. Economic damages are those that have an actual dollar value. The most common types of these damages include: Funeral and burial expenses Medical expenses Lost income and other employment benefits, and The value of childcare or household services the deceased provided. Non-economic damages are also available in wrongful death claims, but these do not have a concrete dollar value. The most common non-economic damages in wrongful death lawsuits include the grief and anguish of survivors and the loss of companionship, care, emotional support, and guidance loved ones suffer as a result of the loss. Our Wrongful Death Lawyer in Baton Rouge Can Help You Through this Difficult Time If you have lost someone you love, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyer can provide it and handle every detail of your claim so you and your family can focus on moving forward. Call us now at (225) 963-9638 or fill out our online form to schedule a free review of your case and to get the help you need.

Personal Injury

Steps to Take After a Car Accident in Baton Rouge

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After a car accident, you can file a claim against the person who caused your accident. Car accidents in Baton Rouge are governed by tort law, which means you must file a claim with the insurance company representing the at-fault party. The steps you take immediately after a crash can greatly help your claim, or they can hurt it. Below, our Baton Rouge car accident lawyer explains the steps that will help you successfully claim the damages you need to make a full recovery. Stop The very first thing to do after an accident is to stop at the scene of the crash. Stop and pull your vehicle over to a safe location so it does not cause a secondary accident. If you fail to stop, the police may charge you with a hit-and-run, which carries serious penalties. If the accident did not result in injury, you can face a fine of up to $500 and as many as six months in jail. After fleeing the scene of an accident that did cause injury or death, you may face a fine of up to $5,000 and up to 10 years in prison with or without hard labor, or both. Report the Crash Under Louisiana law, you are required to report a car accident that involves injury or death or property damage exceeding $500. One of the first things you should do after a crash is to report the accident. Not only will this keep you in compliance with the law, but it will also help document the accident and may even suggest which party was at fault. Take Pictures and Video Footage Photos can significantly help you prove that another driver is to blame for your injuries. You should take pictures of your injuries, any property damage to the vehicles, and the accident scene as a whole, as well as relevant information, such as a stop sign or skid marks on the road. Taking video of the accident scene can also help capture the entire accident scene and may help you obtain footage of something you did not notice right away but later becomes relevant. If your injuries prevent you from taking pictures or video, ask a bystander not involved in the crash to obtain this evidence for you. Locate Witnesses Eyewitness testimony is given significant weight after a crash in Louisiana. Witnesses do not have anything to gain or lose in a claim, so insurance companies and juries listen carefully to their testimony. Soon after the accident, locate anyone who saw the crash and ask them for their names and contact information. Also let them know that your attorney may contact them later to obtain their statement. Seek Medical Attention One of the most important steps after any auto accident is to seek medical attention. You should visit an emergency room immediately afterward or allow the paramedics at the scene to examine you, even if you do not believe you were injured. Many injuries do not present any symptoms right away, so seeking medical attention may uncover injuries you did not know you had. In addition to protecting your safety and well-being, seeking medical attention is very important for another reason, as well. Seeing a doctor soon after an accident will document your injuries, helping you to prove the nature and severity of them. If you do not seek medical attention, the insurance company representing the at-fault party will argue that you were not hurt because you did not obtain the necessary treatment. Call Your Insurance Company Many people think that if they are not at fault for a crash, they are not required to report the accident to their own insurance company. Unfortunately, this is not true. Most auto insurance policies include a provision requiring you to notify your insurer of any accident, even if you were not at fault. This notifies the insurer that the insurance company representing the negligent driver will contact them and start the claims process. If you fail to notify your insurance company after a crash, the insurer could cancel your policy. Call our Car Accident Lawyer in Baton Rouge At Big River Trial Attorneys, our Baton Rouge car accident lawyer has the necessary experience to help you through the claims process and ensure you receive the full and fair settlement you are entitled to. Before speaking with anyone else after a crash, call us at (225) 963-9638 or contact us online to request a free consultation and to get the legal help you need.

Personal Injury

What Causes Scaffolding Accidents?

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Scaffolding accidents can occur in industrial workplaces and on construction sites due to a number of causes. Accidents such as being struck by objects falling from above or a leg falling through a plank, but the worker being saved by a harness are just a few of these. Scaffolding accidents have many different causes. Below, our Baton Rouge industrial accident lawyer explains some of the most common of these. Safety Regulations Disregarded by Construction Firms and Builders When construction firms and builders do not comply with safety regulations, a serious scaffolding accident can occur. Scaffolding can be overloaded, or positioned too closely to dangerous sources of energy, which results in catastrophic accidents that have tragic results. Builders, contractors, and subcontractors all have a duty to ensure they are properly complying with all applicable safety regulations. The Occupational Safety and Health Administration (OSHA) has outlined extensive scaffolding safety criteria. Inadequate Training of Workers Erecting and building scaffolding requires specific training. Workers who are responsible for building scaffolding should receive specific training about the proper safety regulations and techniques for the specific type of scaffolding they are erecting. Workers who build scaffolding should also receive training about the specific dangers involved. According to the OSHA, insufficient fall protection training is among the top ten safety violations. Defective Scaffolding Scaffolding is considered to be defective if it is improperly designed, was poorly manufactured, or was not properly designed. For example, if the steel tubing was compromised or the scaffolding lacked appropriate bracing, that could be deemed defective. When a company creates, produces, or sells defective scaffolding, it can be held liable for any accident that causes an injury as a result. Poor Construction and Design of Scaffolding Even when scaffolding is not defective, it must still be built correctly in order for it to be safe to use. A leading cause of scaffolding accidents is the improper construction of the structure. This is avoidable when the right supervision and information are present. For example, failing to securely fasten all braces and attachment points is an easily preventable cause of scaffolding accidents. The company or supervisor who was responsible for building the scaffolding can be held liable if it was not constructed properly. Poor Scaffolding Maintenance The structural integrity of scaffolding must be protected with proper maintenance. Scaffolding that is older eventually needs replacement. Insufficient maintenance can also result in slippery surfaces and other safety hazards that can cause life-threatening injuries. Improper Planking Planking is an important part of scaffolding. The planks are the surface on which the workers stand and equipment is placed. Planking must be strong and maintained properly to ensure workers are kept safe. If it is not, workers may be at risk of falling. When posts, frames, pump jacks, mast climbers, and other parts of a plank are defective or not properly maintained, workers will suffer serious injuries. Lack of Safety Equipment Even when scaffolding is properly constructed, erected, and maintained, a serious accident can still occur if workers do not have sufficient safety equipment. For example, workers must wear harnesses while working on scaffolding. A harness protects workers if they fall and can prevent serious injuries such as head trauma, broken bones, and even wrongful death. Lack of Protection From Falling Objects It is not only falls that can harm workers on scaffolding. Falling objects from above can also cause serious harm. To prevent this from happening, scaffolding should be covered so employees are not struck by falling equipment, building debris, and other safety hazards. Working Alongside Negligent Employees Working with employees who lack experience or training or simply do not take safety concerns seriously can cause serious accidents. When working on scaffolding, negligent actions can result in repercussions that are particularly severe. When a negligent employee’s actions cause a scaffolding accident, their employer may be held completely liable for any injuries caused. Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury Of all the accidents that can happen in an industrial setting, those that involve scaffolding are some of the most serious. If you have been injured, it is not always easy to determine who is liable for paying the damages you need to make a full recovery. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer will conduct an investigation and gather evidence to determine who is at fault for the losses you sustained. We will also inform you of your legal options so you obtain the full compensation you deserve. Call us now at (225) 963-9638 or contact us online to request a free consultation and to learn more.

Personal Injury

Understanding Chemical Plant Accidents

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Louisiana has many workers employed in chemical plants. These jobs are rewarding and can lead to long and fulfilling careers that allow workers to support themselves and their families. Chemical plants contribute approximately $226 billion to the GDP of the United States while also providing approximately 4.4 million jobs. However, these jobs are not without their risks. The injuries sustained by chemical plant workers are some of the most severe. If you or someone you love has been hurt, it is critical that you understand your legal rights. Below, our Baton Rouge industrial accident lawyer outlines everything you need to know about chemical plant accidents. What Causes Accidents in Chemical Plants? Natural causes and human error are the two primary causes of accidents in chemical plants. Human error contributes to approximately 95% of all investigated accidents in chemical plants. For example, in the 2005 BP explosion that happened in Texas, there were three human errors that were said to be significant contributors to the accident in the chemical plant. These were deviations from proper procedure, lack of training, and a poor safety culture. Natural causes are much rarer than human error. The U.S. Environmental Protection Agency has outlined four known causes of accidents in chemical plants. These are as follows: Inadequate indications of process conditions Inadequate process hazard analysis or hazard review Poorly designed or inappropriate equipment Plant owners ignoring potential problems While natural causes can result in a chemical plant accident, most of them are caused by carelessness and negligence. Injuries Caused by Chemical Plant Accidents Chemical plant accidents result in some of the most serious injuries. These include: Head trauma that results in concussions and other injuries Poisoning caused by exposure to toxic substances and chemicals Puncture wounds and lacerations Spinal cord injuries Broken bones Neck and back injuries caused by falls Trauma caused by heavy equipment Lung damage from inhaling toxic chemicals and substances Injuries caused by explosions, such as burns and penetrating injuries Sadly, the above injuries are not the only ones suffered by chemical plant workers. They are only some of the most common. Common Types of Accidents in Chemical Plants Unfortunately, there are many different types of accidents in chemical plants. The most common of these are as follows: Plant explosions: A plant explosion is the most obvious risk of working in or living near a chemical plant. Plant explosions happen without warning, and when they do, they place entire communities at risk. Chemical plants should have protections in place to prevent these explosions. Contaminated water: If chemicals are not stored and disposed of correctly, they can seep into groundwater systems. Some chemical spills go unnoticed for many years, and they have the potential to poison the drinking water of entire towns and cities. Air pollution: Chemical manufacturing plants can release toxic chemicals into the air. When these chemicals are inhaled, they can negatively affect a person’s health and lead to long-term illness or breathing issues, such as asthma and lung cancer. Increased risk of cancer: Being exposed to chemicals for a long period of time increases a person’s risk of cancer. Workers in chemical plants and people who live near these plants are sometimes unknowingly exposed to carcinogens. Increased risk of birth defects: Being exposed to chemicals can also result in an increased risk of birth defects. How to Prevent Accidents in Chemical Plants To prevent accidents in chemical plants, or at the very least minimize the harm they cause, it is important to address the main causes of these accidents. Essentially, employers must take precautionary measures to make sure these workplaces are safe. Employers can achieve this by: Training workers on how to work safely and avoid accidents Updating equipment and completing regular maintenance Installing fire extinguishers and carbon monoxide detectors Making sure all work areas are properly ventilated Making sure safety valves are properly maintained Creating designated loading and unloading zones Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury Chemical plant accidents result in some of the most serious injuries. If you have been hurt, it is important to know that you do have legal options. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can explain what those are and recommend which avenue to take to obtain the full and fair compensation that is justly yours. Call us now at (225) 963-9638 or contact us online to schedule a free review of your case and to learn more about your legal options.

Personal Injury

Common Mistakes to Avoid After an Industrial Accident

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Industrial accidents are more common than many people think, and they result in some of the most serious injuries. This is little comfort, however, to injured workers and their families, especially when they lose their jobs, wages, or, in the worst of situations, their lives. If an industrial accident happens due to unsafe or negligent working conditions, you may have the right to recover compensation. Below, our Baton Rouge industrial accident lawyer explains some of the most common mistakes made after these incidents and how to avoid them. Not Reporting the Accident The first thing you should do after an industrial accident is report it to your manager or supervisor. This is a critical step because it will form the basis of your claim to receive benefits. The sooner you file the report, the earlier you can obtain workers’ compensation benefits or other types of compensation. Failing to report the accident and resulting injuries can result in a forfeiture of any compensation at all. When reporting the accident, make sure you include as many pertinent details as possible. In Louisiana, you have only 30 days to report the accident. Not Seeking Immediate Medical Attention If you delay seeking medical attention, it can be devastating to your claim. One of the most important pieces of evidence for your claim is your medical report, particularly if you are filing a personal injury claim or workers’ compensation claim. A medical report will document the nature and severity of your injuries, including your prognosis, all of which are important for obtaining the compensation you need. Immediately seek medical attention after suffering an injury and tell your doctor all of the accident details and the symptoms you are experiencing. In addition to documenting your injuries, the timing will establish that the injuries are serious, work-related, and not pre-existing. Not Disclosing Pre-Existing Conditions It is important that you remain honest with any doctor you see about any pre-existing conditions you may suffer from. If you lie about them, you may obtain the medical report you were hoping for, but the truth will eventually come out when your claim is further investigated. This will damage your credibility, and you will not be able to repair it. This will greatly hurt your chances of claiming any compensation at all. Always make sure you disclose any pre-existing conditions, as this will not harm your chance of compensation. Posting About the Accident on Social Media Although you may be in the habit of posting everything to social media, this is a mistake after being involved in an industrial accident. Investigators into industrial accidents are thorough and anything you post to your social media accounts will be placed under intense scrutiny. Even if you use privacy settings, these are not enough to prevent investigators from seeing the posts. Comments and photos about the accident will be taken out of context, and they will be used against you to reject your claim. Even if you think you are not posting anything that will hurt your case, you could be wrong. It is better to stay quiet about the accident so you do not hurt your case. Not Returning to Work When Able You should return to work as soon as your doctor says you are able to. If you do not, you could lose the benefits to which you are entitled. For example, your doctor may say that you can return to work but that you must be placed on light duty. In this case, your employer may delegate you to a position that does not pay as much as your previous position. In this situation, you may be tempted to simply not return to work at all, but that is a mistake. You may be able to obtain benefits to compensate for the reduced income, but only if you return to work when the doctor says you are able to. Not Contacting an Industrial Accident Lawyer in Baton Rouge Industrial accident claims are complex, whether you are filing a workers’ compensation claim or a personal injury claim. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can make the aftermath of an accident easier by handling all of the legal aspects of your claim. To obtain the full and fair compensation you deserve, call us today at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about how we can help.

Personal Injury

Everything You Need to Know About Oil Refinery Accidents

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Every year, oil refinery accidents throughout the country cause catastrophic injuries and property damage. Workers in this industry have incredibly dangerous jobs, and they deserve to be protected by implemented safety measures designed to prevent anyone from becoming harmed. Our personal injury attorneys are dedicated to helping individuals who have been hurt on the job or who have lost a family member in one of the state’s many oil refinery accidents obtain the compensation they need for lost wages, medical expenses, and more. How Common are Oil Refinery Accidents in Louisiana? Sadly, oil refinery accidents in Louisiana are quite common. There was an explosion at Tenneco Oil in Chalmette in 1976 that killed 12 people and injured many others. More recently, in August of 2012, 60 tons of carbon monoxide and one ton of benzene were released at Motiva/Shell in Norco, and in 2014, an accident at ExxonMobil right here in Baton Rouge caused a contract worker to lose his legs. What Makes Oil Refinery Accidents Catastrophic? In many oil refineries, equipment needs to be replaced or repaired, malfunctioning machinery is not uncommon, and safety standards are not adhered to properly. These dangerous conditions can cause tragic accidents, such as devastating explosions. Toxic chemicals and heavy equipment can also cause severe injuries to workers. At the same time, flammable and hazardous materials are on the worksite, and complex equipment must also be used. This increases the likelihood that a catastrophic accident will occur and result in a number of injuries and deaths. Determining Liability for Oil Refinery Accidents Under Louisiana law, all oil refinery companies are required to carry workers’ compensation insurance to cover the lost income and medical expenses of injured employees. Unfortunately, contract workers are not usually covered by workers’ compensation. Additionally, when a third party, such as a manufacturer, delivery driver, or supplier, causes an accident, injured workers can file a third-party injury claim directly against them. It is always recommended that oil refinery workers hire an attorney who can help them determine who is liable, and advise on the full compensation workers are entitled to. Common Types of Oil Refinery Accidents Workers become injured in a number of different oil refinery accidents, including the following: Chemical spills and gas leaks: Workers can become burned or poisoned when fumes or toxic materials are emitted. Equipment that is improperly maintained or workers who are negligent can also cause these accidents. Fires and explosions: The risk of fires and explosions substantially increases when employees have to work with combustible materials, which are very common in oil refineries. Defective equipment and human error are the most common causes of fires, explosions, and other types of oil refinery accidents. Falls: Workers in oil refineries can slip on unstable or irregular surfaces, fall over broken railings, or trip on clutter or debris. These accidents can result in concussions, broken bones, and other injuries that prevent them from working for a long period of time. Crushing accidents: Workers in oil refineries are commonly around heavy equipment that can crush bystanders or operators when they are not handled properly or if they are defective. Common Oil Refinery Illnesses Contracted by Workers Hazardous chemicals and fumes can result in oil refinery workers contracting respiratory injuries and poisonings. The chemicals used in refineries are very dangerous, as they are highly toxic. Workers, as well as people who live near refineries, can all become hurt. Life-threatening injuries can result from exposure to noxious substances such as hydrofluoric acid, sulfuric acid, and ammonia. Explosions can happen when the wrong chemicals are combined. When exposure happens over the long term, even seemingly innocuous materials, such as methanol, can pose health hazards, as well. Some substances that are emitted by chemical plants, such as hydrogen sulfide, can be extremely toxic. Due to the fact that these chemicals are odorless, even at high concentrations, they can result in workers becoming poisoned. Refinery workers are regularly exposed to gas emissions due to the operations in the refinery, gas leaks, and fumes. Inhaling these chemicals can be catastrophic, and the most common injuries sustained are respiratory conditions. Our Oil and Gas Industry Accident Lawyers in Baton Rouge Can Help After Injury If you or someone you love has been hurt in an accident, you do have legal options. At Big River Trial Attorneys, our Baton Rouge oil and gas industry accident lawyers can explain what those are and help you and your family obtain the fair settlement you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to get more information.

Personal Injury

What is a Commercial Vehicle?

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When most people think of commercial vehicles, they often first imagine transport trucks that can weigh up to 80,000 pounds when they are fully loaded. Vehicles such as 18-wheelers can certainly cause catastrophic damage when they are involved in a crash, but they are just one type of commercial vehicle. They are also not the only kinds of commercial vehicles that can cause serious injuries during a crash. Buses and small vans are also considered commercial vehicles, as are sedans in some cases. Due to the fact that commercial vehicles are owned and insured by corporations and not individuals, they are subject to different standards when they are involved in an accident. It is important to understand when you are hurt by a commercial vehicle so you know the steps to take afterward and how to handle your personal injury claim. Below, our attorney outlines how commercial vehicles are defined. A Weight Greater than 10,000 Pounds Commercial vehicles are defined by the Federal Motor Carrier Regulations. The first part of the definition is that a commercial vehicle is more than 10,000 pounds in weight. While this may seem like a straightforward definition, it can quickly become confusing, as the weight of a vehicle is determined in two different ways. The first is the gross weight of the vehicle, which is how much the vehicle actually weighs. On the other hand, the gross vehicle rating is the maximum operating weight. This weight is determined by the manufacturer of the vehicle. In most cases, this information is found on a sticker inside the door of the vehicle. The greater of the two weights determines if the vehicle is considered commercial. For example, while a vehicle may only weigh 8,000 pounds, if the manufacturer has set the gross vehicle weight rating at 10,500 pounds, it is a commercial vehicle. It Transports Nine or More Individuals for Commercial Purposes If a vehicle transports nine or more people for commercial purposes, it is considered a commercial vehicle. It is important to note that the driver is included in this count. The most common types of these vehicles are shuttle vans and public transport buses. These vehicles are also known as common carriers because they transport people for commercial purposes. Common carrier companies and drivers are held to a higher standard of care than other drivers, and this fact can help when you are filing a claim against either party. The Vehicle Transports More than 15 People Even if no one is receiving money for transporting passengers, a vehicle is considered commercial if it transports more than 15 people. This also includes the driver. Vehicles used for private events, such as church outings, are common examples of commercial vehicles that carry more than 15 people. It is Carrying Dangerous Materials Any time a vehicle, regardless of its size or weight, transports dangerous materials, it is considered a commercial vehicle. The quantity of the dangerous goods must be enough to warrant a special placard being displayed on the vehicle. Still, even in these instances, the smallest of vehicles can be considered commercial if they carry dangerous substances such as radioactive material or compressed gas. How Does a Commercial Vehicle Affect a Personal Injury Claim? It is critical to know if you were involved in a crash with a commercial vehicle, as it will greatly affect your claim. Accidents involving commercial vehicles are investigated differently than other types of crashes. For example, when a commercial vehicle is in an accident, the black box may have to be located to determine the vehicle’s location, speed, and other important factors, such as braking. Other important evidence, including driving logs, must also be collected. Determining liability is also more challenging when a commercial vehicle is involved in an accident. The driver of the commercial vehicle may be at fault, the company they work for, any party that loaded the vehicle, or even the manufacturer of the vehicle if they released defective parts. It is always important to work with a lawyer who can determine who is liable for paying damages for your injuries. Our Commercial Vehicle Accident Lawyer in Baton Rouge Protects Your Rights After a Crash If you or someone you love has been injured in a crash, our Baton Rouge commercial vehicle accident lawyer will inform you of your rights and advise you on how to exercise them. At Big River Trial Attorneys, we are dedicated to helping accident victims claim the compensation they deserve, and we can put our expertise to work for you, too. Call us now at (225) 963-9638 or fill out our online form to request a free consultation.

Personal Injury

What Happens After an OSHA Violation?

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When you go to work every day, you have the right to know that you will be working in a safe environment. Although all jobs pose the risk of injury or illness, your employer has a responsibility to make sure all safety measures are met so you do not become hurt at work. Sadly, not all employers take this responsibility seriously. In these cases, you may be able to file a complaint with the Occupational Safety and Health Administration (OSHA). Below, our Baton Rouge industrial accident lawyer explains what will happen after a complaint is made. What is OSHA? The OSHA is a public health agency run by the federal government. The agency was founded in 1971, and they have the authority to visit workplaces and inspect them to make sure all safety standards are being met. Sadly, many employers do not maintain safe work environments. This is particularly true in workplaces where manual labor occurs. To help keep workers safe, the OSHA created standards that all businesses must meet. Likewise, the OSHA also provides the necessary training tools and education for both employers and workers. These are critical to ensure that all parties are properly trained to create a safe work environment. Although OSHA can visit workplaces and identify hazards on their own, they also allow people to file reports and complaints about unsafe work environments. This empowers employees to voice their concerns about unsafe conditions in the workplace. What are the Most Common OSHA Violations? Your employer has a legal obligation to comply with the standards set by OSHA in the workplace, regardless of whether you work on a construction site or in an office building. Knowing what the most common violations are can help you stay safe as well as give you a better understanding if the injury you sustained was a result of negligence on the part of your employer. The most common OSHA violations are as follows: Ladders Fall protection Scaffolding Communication hazards Lockout Eye and face protection Machinery hazards If you have sustained an injury or developed an illness due to your employer’s violation of OSHA safety standards, it is natural to feel hesitant to file an OSHA complaint. However, it is critical to know that your employer is prohibited from taking retaliatory actions against you simply because you filed a complaint about safety in the workplace. After a workplace accident, the most important thing to do is to document the situation as thoroughly as possible. You should tell your supervisor or manager about the accident so they can file a report and contact emergency services for medical treatment. Take photos and video footage of the accident scene, if possible. If you are too hurt to do so, ask a coworker if they can do this for you. After you have filed a workplace incident report, ask for a copy and keep copies of all medical bills. What Happens After an OSHA Violation? If your employer has failed to comply with OSHA regulations, they may face high fines and other legal problems. OSHA has implemented a standard procedure for finding violations and penalizing those who violate the regulation. When an OSHA inspector discovers a violation, the agency will issue a citation and recommend a penalty. Citations are always specific and detailed, and the OSHA will provide a list of actions violators must take to repair or correct the problem. These actions, along with the penalty, will have a deadline. Penalties are reliant to the severity of the violation, which are placed into different categories. These categories are as follows: Willful Serious Other-than-serious De minimis (trivial) Failure to abate Repeated The majority of fines are approximately $13,000 for each violation. When employers fail to correct the issue, they can also be fined another $13,000 (approximately) per day. Employers who show a pattern of willful or repeated patterns of violations may face fines over $100,000 per violation. Employers can also appeal a citation. Appeals must be made to the OSHA Area Director, and they must address the citation, penalty, abatement dates, and other details. Employers have just 15 working days to file an appeal after they have received a citation. Our Industrial Accident Lawyer in Baton Rouge Can Help After a Violation If you have been hurt or developed an illness due to your employer’s negligence, our Baton Rouge industrial accident lawyer at Big River Trial Attorneys can help. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more about how our experienced attorneys can help with your case.

Personal Injury

How Long Do You Have to File a Claim After a Commercial Vehicle Accident?

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After an accident involving a commercial vehicle, you have a lot on your mind. One thing you may not know or understand is that as soon as a crash occurs, a clock starts ticking. While you may be able to file a claim to recover compensation for your injuries, you only have a certain amount of time to do so. This time limit is known as the statute of limitations, and it is one of the most important laws that govern personal injury claims. If you do not file your claim within the statute of limitations, you will likely lose your right to claim any damages at all. Below, our Baton Rouge commercial vehicle accident lawyer explains more. Understanding the Statute of Limitations in Louisiana In Louisiana, the statute of limitations is just one year from the date of an accident. Many people think that one year is a long time, but that is not the case. You will need to contact an attorney who will conduct a thorough investigation to determine how the crash occurred. Your lawyer will also compile evidence that will strengthen your case and help ensure success in your case. You should also reach maximum medical improvement (MMI) before filing your claim. MMI refers to the fact that although your injuries will not get any worse, they also will not get any better. This is important to ensure that your claim includes the compensation you need now and any you will need in the future to fully recover from your injuries. All of this takes a great deal of time, so it is important to get legal advice as soon as possible after an accident with a commercial vehicle. Exceptions to the Statute of Limitations The statute of limitations in Baton Rouge and throughout Louisiana is very strict. In the majority of cases, the clock on the statute of limitations starts running the moment a crash occurs. However, there are times when the statute of limitations is tolled or delayed. These include when: The victim was a minor child: The statute of limitations does not apply in accident cases when the victim was a minor child. Children do not have the mental capacity to file a lawsuit, and the statute of limitations starts on the child’s 18th birthday. They then have until their 19th birthday to file a claim, regardless of how old they were when the crash occurred. Multiple negligent parties: If your commercial vehicle accident included other vehicles as well, you only have to file a claim against one of them before the statute of limitations expires. As such, if an investigation unearths additional evidence, victims can sue other parties in the future. The discovery rule: In some cases, it is fairly easy to determine the type and cause of injury you suffered. For example, you may have suffered a concussion during a commercial vehicle accident, but the injury does not show symptoms right away. In this case, the statute of limitations would not start until the date you discovered or should have discovered, the injury. The Statute of Limitations in Wrongful Death Claims It is not uncommon for commercial vehicle accidents to cause a wrongful death. Commercial vehicles such as 18-wheelers, tow trucks, and garbage trucks are very large and extremely heavy. As a result, they cause some of the most serious injuries. In certain cases, victims do not survive the crash. These are known as wrongful deaths. Wrongful death claims have the same one-year statute of limitations as other auto accident cases. The only difference is that the clock on the statute of limitations starts on the date of the death and not the date of the accident. The individuals who have a right to file a wrongful death claim in Louisiana are as follows: The spouse and adult children of the deceased, The parents of the deceased, if there are no surviving spouses or children, The siblings of the deceased, if there are no surviving parents, and The grandparents of the deceased, if there are no surviving siblings. Our Commercial Vehicle Accident Lawyer in Baton Rouge Can File Your Claim On Time If you or someone you love has been hurt in a commercial vehicle accident, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyer can provide it while helping you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or contact us online to request a free consultation and to learn more about how we can help.

Personal Injury

Five Common Causes of Commercial Vehicle Accidents

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After a commercial vehicle accident involving a transport truck, garbage truck, or tow truck, there are many factors to consider. One of the main purposes of an investigation after a commercial vehicle accident is to determine how the crash occurred. This is much more complicated than many people realize. There are many common causes of commercial vehicle accidents, and they are not always apparent right away. Below, our Baton Rouge commercial vehicle accident lawyer explains the most common causes of these crashes. Fatigued Driving One of the most common causes of commercial vehicle accidents is fatigued driving. Commercial drivers have to meet tight deadlines, and they are often on the road for many hours at a time. This can cause fatigued driving, which is always dangerous, but even more so when a commercial driver is tired. Commercial drivers often have to operate trucks that weigh up to 80,000 pounds, and this requires a great deal of focus. When drivers are tired, it is much more difficult for them to focus on the road and control the vehicle. To avoid commercial vehicle accidents caused by fatigued driving, the federal government has enacted an hours-of-service rule. This law prohibits commercial drivers from operating a vehicle for more than 11 hours during one shift. Additionally, commercial drivers must rest for a minimum of ten hours between shifts. Commercial drivers are also required to keep a logbook outlining the hours they were on the road. False Log Books Commercial vehicle drivers must use a log book to detail many factors during a trip. This includes not only the number of hours they were on the road but also the weight of their cargo, meals, rest breaks, and other pertinent information. Commercial vehicle drivers have been known to falsify these logbooks, and the companies they work for sometimes incentivize drivers to make false claims in these records. All of this is so the company can protect its profits while disregarding public safety. Speeding The United States is one of the only countries without standard commercial vehicle speed limiters. Legislation requiring the use of speed limiters in commercial vehicles has also been delayed 20 times in the past decade. Commercial drivers have to meet very strict deadlines, and in order to make sure they do, the lack of speed limiters allows them to drive over the speed limit. Speeding is always hazardous, but when a commercial vehicle is traveling over the speed limit, it becomes even more dangerous. Commercial vehicles are very heavy so it takes them longer to slow down and come to a full stop. Speeding also increases the force and severity of a crash involving a commercial vehicle, meaning the damage is often catastrophic. Insufficient Vehicle Maintenance Federal law requires that large commercial vehicles are regularly inspected and maintained so they meet certain safety standards. Maintaining commercial vehicles is an expensive endeavor, and it also means fewer vehicles are on the road. As a result, corporate greed sometimes overrules public safety, and companies do not ensure they are maintaining their vehicles according to federal regulations. Some of the most common delinquencies that cause commercial vehicle accidents are as follows: Worn brakes Worn axles and bald tires Missing mud flaps Broken tail lights, headlights, or trailer lights Cracked glass or mirrors Broken trailer latches Eroded reflective tape Broken tie-downs and ripped tarps Overloading Commercial Vehicles Transport trucks, courier trucks, garbage trucks, and other commercial vehicles all have weight limits. When too much cargo is loaded onto a vehicle, it becomes much more difficult to operate and control. Potential loading issues that could cause a crash include: Overloading, which increases braking distance Shifting cargo that caused a vehicle to tip over or jackknife Hazardous cargo that is not properly secured Unbalanced loads, which reduce maneuverability Unsecured cargo that falls from a commercial vehicle Cargo that came loose during a crash and caused further injury Our Commercial Vehicle Accident Lawyers in Baton Rouge Can Determine the Cause of Your Crash Determining what caused an accident involving a commercial vehicle is never easy. It takes a great deal of experience and knowledge about what records to collect and the evidence that must be gathered. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyer will conduct a full investigation to determine what caused your crash so you know who to hold accountable for paying the maximum settlement you are entitled to. Call us now at (225) 963-9638 or contact us online to request a free consultation with one of our experienced attorneys.

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