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Personal Injury

Bringing an Injury Claim Against Someone Driving a Rental Car: What You Need to Know

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Car accidents involving rental cars add a layer of complexity to personal injury claims. While you might expect that the driver is responsible for damages caused in the accident, the involvement of a rental car company can complicate the process. In Louisiana, there are specific legal frameworks that come into play when a person is driving a rental car. These laws determine the responsibility of both the rental car company and the driver. In this blog post, we’ll explore how you can bring an injury claim against someone driving a rental car, the rental car company’s role in verifying insurance coverage, and what happens if the driver does not have enough insurance to cover your damages. Understanding these dynamics will help you navigate the legal process more effectively, and if you need help, Big River Trial Attorneys in Baton Rouge, Louisiana, are here to guide you through every step of the way. The Role of the Rental Car Company in Verifying Insurance Coverage When someone rents a vehicle from a rental car company, that company is responsible for ensuring that the driver has proper insurance coverage. Under Louisiana law, rental car companies are required to verify that the individual renting the vehicle either has their own personal automobile insurance or chooses to purchase coverage provided by the rental company. If the renter has personal auto insurance, it typically extends to the rental vehicle. However, if the renter does not have insurance or opts out of purchasing additional coverage, the rental car company may become responsible for providing coverage in the event of an accident. Rental Car Company’s Failure to Verify Insurance In some cases, rental car companies fail to adequately verify whether the person renting their car has personal automobile insurance. When this occurs, the rental car company can be held primarily responsible for covering the damages caused by the driver in an accident. This failure to verify insurance may expose the rental company to liability for your injuries, especially if the renter was underinsured or uninsured. For this reason, if you are involved in an accident with a driver of a rental car, it’s essential to determine whether the rental car company properly verified the driver’s insurance coverage. A skilled personal injury attorney can help investigate this issue and ensure that the rental car company is held accountable if they failed in their duty. Who Pays for Damages in an Accident Involving a Rental Car? When you’ve been injured in an accident with someone driving a rental car, the question of who is responsible for paying damages depends on several factors, including the driver’s insurance status, the rental company’s policies, and the specifics of the accident. Here’s a breakdown of how responsibility may be assigned: The Renter’s Personal Auto Insurance If the driver of the rental car has personal auto insurance, their insurance policy will generally cover damages, just as it would if the driver were in their own vehicle. The coverage provided by the renter’s personal insurance may include liability coverage for injuries and property damage, as well as uninsured/underinsured motorist coverage (UM/UIM), depending on their policy. However, problems can arise if the renter’s insurance policy limits are too low to cover the full extent of your damages, especially if you’ve sustained significant injuries. In such cases, you may need to explore other avenues to recover the compensation you deserve. The Rental Car Company’s Insurance If the renter purchased additional coverage through the rental car company, this insurance can be used to pay for your damages. Rental car companies often offer supplemental liability insurance (SLI), which can provide higher coverage limits than the renter’s personal insurance. However, if the renter declined this additional coverage, and their personal insurance is insufficient, the rental company’s responsibility may come into play, particularly if they did not verify the renter’s insurance coverage properly. What Happens if the Renter Is Uninsured or Underinsured? If the person driving the rental car does not have enough insurance to cover your damages, it’s essential to understand your options. Uninsured/Underinsured Motorist (UM/UIM) Coverage If the renter is uninsured or underinsured, your own uninsured/underinsured motorist coverage (UM/UIM) may be an option. In Louisiana, UM/UIM coverage is available to protect individuals injured in accidents where the at-fault driver either doesn’t have insurance or doesn’t have sufficient coverage to pay for your injuries. UM/UIM coverage is designed to fill the gap between the at-fault driver’s insurance limits and your actual damages. If you carry UM/UIM insurance, it can provide significant protection in cases involving rental car accidents. Rental Car Company’s Liability If the rental car company failed to verify that the driver had insurance, they may be held liable for your injuries. In cases where the renter is underinsured or uninsured, and the rental company did not take adequate steps to ensure coverage, the company itself may be responsible for compensating you. This could result in the rental company’s insurance policy being used to cover your medical bills, lost wages, pain and suffering, and other damages. What to Do If You’re Injured in a Rental Car Accident If you’ve been injured in an accident involving someone driving a rental car, it’s critical to take immediate steps to protect your legal rights. Here’s what you should do: Seek Medical Attention: Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries may not be immediately apparent and could worsen over time. Document the Accident: Gather as much evidence as possible, including photos of the accident scene, witness statements, and the rental car driver’s contact and insurance information. Contact an Experienced Attorney: Bringing a claim against someone driving a rental car can be complex, especially if there are issues with the driver’s insurance or the rental company’s responsibility. An experienced personal injury attorney can help investigate the accident, determine liability, and pursue compensation from all responsible parties. At Big River Trial Attorneys in Baton Rouge, Louisiana, we have extensive experience handling cases

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Personal Injury

How to Calculate a Lost Wage Claim in a Personal Injury Case: A Comprehensive Guide

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When you’ve been injured in an accident, your first priority is your health and recovery. However, personal injuries can have significant financial consequences, particularly if you’re unable to work due to your injuries. In personal injury cases, victims are often entitled to compensation for lost wages, which may include both past lost income and future lost earning capacity. Calculating a lost wage claim can be complex, especially when you’re dealing with the intricacies of Louisiana law and insurance companies. Below, we break down the key components involved in calculating a lost wage claim and explain the types of evidence typically used, along with the professionals who may need to be consulted, such as economists, life care planners, and vocational rehabilitation specialists. What Are Lost Wages? Lost wages refer to the income that a victim would have earned had they not been injured. This includes not only the time immediately after the injury but also any future lost income due to long-term or permanent disability. Calculating lost wages requires detailed information about your pre-injury earnings and the extent to which your injuries have impacted your ability to work. In Louisiana, you have the right to seek compensation for both past lost wages (the wages lost between the time of the accident and the settlement or trial) and future lost earning capacity (the expected loss of earnings due to long-term impacts of the injury). How Are Past Lost Wages Calculated? Past lost wages are typically easier to calculate because they deal with concrete numbers, such as your salary, wages, or other earnings before the accident. To determine the amount, your attorney will gather evidence such as: Pay Stubs or Salary Statements: Pay stubs are a straightforward way to demonstrate your regular earnings. If you are a salaried employee, determining past lost wages is relatively simple: calculate the daily rate based on your salary, and multiply that by the number of days you were unable to work. Tax Returns: Tax returns can be used to verify your annual income over previous years, especially if you’re self-employed or work on a commission basis. If your income fluctuates, tax returns provide a reliable average over a longer period. Employer Testimony or Documentation: Sometimes, a letter from your employer may be necessary to confirm the dates you missed work and whether you received any paid time off or sick leave that may offset the lost wages. Business Records (for Self-Employed Individuals): If you’re self-employed, your situation is more complicated. You’ll need to provide business records, contracts, invoices, or other documentation that can prove what you would have earned had you not been injured. Future Lost Earning Capacity: A Complex Calculation Future lost earning capacity is far more complex to calculate than past lost wages. It involves estimating the amount of income the injured party will likely lose due to their reduced ability to work in the future. This might be because the person cannot return to their former job, has to take a lower-paying job, or cannot work at all. Several factors come into play when determining future lost earning capacity: The Severity and Permanency of the Injury: If the injury is permanent, the lost earning capacity will typically be higher because it extends for the rest of the injured party’s working life. The more severe and disabling the injury, the greater the impact on future earnings. The Plaintiff’s Age and Career Path: Younger individuals may be entitled to higher future lost earning capacity claims, as they have many more working years ahead of them. Additionally, if the plaintiff was on a clear career path with anticipated raises and promotions, those potential future earnings must be factored into the calculation. Economic Projections and Inflation: Economists may need to be consulted to factor in future inflation rates, interest rates, and general economic conditions that might impact future earnings. Types of Professionals Who Assist in Lost Wage Claims While some lost wage claims are straightforward, others require the expertise of specialized professionals to ensure an accurate and fair calculation. Below are three key experts who may be involved in a complex personal injury case: Economists: An economist may be needed to calculate the long-term financial impact of the injury. This includes determining the present value of future lost earnings, taking into account inflation, raises, promotions, and even possible interest rates. Economists provide a detailed analysis of how much money the injured party would have made throughout their career had the injury not occurred. Life Care Planners: In cases where the injury is severe and long-term care is necessary, a life care planner can create a comprehensive care plan for the victim. This plan will outline the medical expenses, therapies, and other future needs, such as medical equipment, home modifications, or personal care aides. The costs associated with this care can then be incorporated into the claim for lost earning capacity, as they directly affect the plaintiff’s ability to work. Vocational Rehabilitation Specialists: These experts assess the injured party’s physical and mental ability to return to work after an injury. A vocational rehabilitation specialist evaluates the plaintiff’s education, experience, and skillset and compares that to the job market. If the plaintiff cannot return to their former position, the vocational rehabilitation expert may offer an opinion on what other types of work they can do and how much they can expect to earn, factoring in their injury. Evidence Used to Support Lost Wage Claims To support your claim for lost wages, several types of evidence are critical: Medical Records: Medical records are vital to proving that your injury has directly affected your ability to work. Doctors’ notes should clearly indicate that you were unable to work due to your injury and provide a timeline for your recovery or any permanent restrictions. Work Attendance Records: If you missed work for doctor’s appointments, therapy sessions, or due to the injury itself, attendance records from your employer can show how many days you were out. Expert Testimony: In addition to vocational rehabilitation

Personal Injury

Trucking Accidents Caused by an “Unsafe Load”

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Trucking Accidents Caused By An “Unsafe Load” As statistical evidence shows, motor vehicle accidents are among the leading causes of death in the State of Louisiana and elsewhere throughout the country. Trucking accidents, in particular, have been known to be relatively more hazardous than other types of motor vehicle accidents. In fact, recent data show that a person is killed or severely injured in a trucking-related accident once per every 15 minutes, which amounts to approximately 500,000 casualties per year! Needless to say, society has a need to clamp down effectively on the damage caused by trucking accidents, and so various laws and rules have been in place to deal with trucking accident liability. In this post, we will go over the primary federal law which applies to trucking accidents, and then discuss some of the issues involved in pinning down liability for “unsafe load” incidents. As we will discuss, the primary federal law deals with accidents caused by unsafe loads and includes direct references to load security; however, load security can be compromised by many different things, and so identifying the exact cause of a particular accident can be quite challenging. The Federal Motor Carrier Safety Administration (FMCSA) The Federal Motor Carrier Safety Administration, a federal agency with the authority to implement rules on traffic safety, regulates the conduct of commercially operated motor vehicles in the trucking industry. The FMCSA recognizes the fact that having a secured load of cargo is immensely vital to promoting optimal safety, and consequently the FMCSA imposes rules regarding cargo security. If a trucker fails to abide these regulations, for any reason, that trucker (or the responsible party) can face substantial penalties. As mentioned, many things can play a role in compromising load security, and so the FMCSA references various types of “failures” which can cause accidents. If a trucker commits one of these “failures,” they may be liable for damages. Here is an incomplete list of failures identified by the FMCSA: Failing to secure cargo with satisfactory tie-downs or straps Failing to properly balance cargo Failing to keep cargo within certain limits, i.e. “overloading” cargo In addition to these rules regarding failures, the FMCSA also provides rules on how certain equipment must be tested and used. For instance, the FMCSA outlines how steel strapping, ropes, wires, tie-downs, chains, cords, and other materials must be used to remain compliant. Tracing Liability In Trucking Accidents As far as liability in these scenarios is concerned, an accident caused by an unsafe or unsecured cargo load can be legally pinned to the driver, but ultimately this is a fact-sensitive issue. Unlike other types of incidents, truck accidents (via unsafe load) are not regulated by a “strict liability” rule, but instead require that negligence be demonstrated. If you’ve been involved in a trucking accident, and the cause may have been an unbalanced or otherwise unsafe load, you should know about the pieces of evidence which can help identify fault. Here are a few factors you should focus on when attempting to determine liability: Driving logs – truckers are required to keep a record of their driving behavior; depending on the circumstances, this may be relevant (i.e. the driver was overworking, etc.);  Records relating to how the cargo was loaded or installed (i.e. service records with notes, descriptions, etc.);  Visual evidence of poor security (i.e. loose or broken straps, etc.);  Expert witnesses, such as engineers;  Accident witnesses who can testify regarding load security. Contact Big River Trial Attorneys For Additional Information Simply put, if you’ve been involved in a trucking accident caused by an unsafe load, know that you are potentially able to recover for damages. But, as we have discussed, this involves firmly pinning down liability, and that can require collecting various types of evidence. If you’d like to learn more, reach out to one of the professionals today by calling 225-963-9638 or click here to contact a member of our staff.

Personal Injury

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

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

Personal Injury

How Lockout/Tagout Prevents Industrial Accidents

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

Personal Injury

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

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

Personal Injury

Do Airbags Always Deploy in an Accident?

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Do Airbags Always Deploy In An Accident? In the event of a car accident, especially those involving an impact, a car’s airbag is expected to deploy to possibly save or prevent severe injuries to the vehicle’s driver and passengers. However, there are certain situations where airbags may not deploy in a car accident. In this article, you will learn some of the reasons why a car’s airbags would not deploy in the event of a car accident that includes: The Severity Of The Crash Sustained By The Vehicle Deployment of a car airbag depends on the severing of the impact of the car accident. This means that a car airbag is not meant to deploy automatically because your vehicle is involved in a crash. This is because on light to moderate impact, a seat belt is sufficient to protect the driver and the passenger, and an airbag deploying might cause more injury to the people in the vehicle. It is essential to know that an airbag may cause serious injuries or even death to a person, given the force of its deployment. Thus, an airbag is designed to only deploy in moderate to severe impact, which is equivalent to hitting a solid, fixed barrier at 8 to 14 mph or higher. In these situations, the airbag is deployed as the injury from the severity of the impact on the car would cause more harm to the person than by deploying an airbag. If claiming compensation for an injury That being said, everybody in the vehicle needs to have their seatbelt securely fastened at all times. The Type Of Collision Sustained By The Vehicle According to the National Highway Traffic Safety Administration (NHTSA), the point of the impact on the car would likely determine whether an airbag would deploy, even more than the amount of force of the impact to the vehicle itself. This phenomenon occurs because an airbag sensor would have to be triggered by the impact in order to deploy the airbag. Specifically, if the moderate to severe impact was sustained in the front area of the vehicle, then the airbag sensor would deploy the frontal airbags. However, the front sensor is not likely to be triggered, so the frontal airbags would not be deployed in the event that the impact was sustained on the side or rear area of the car or if the vehicle rolled over. However, some vehicles are equipped with side airbags, which have corresponding sensors that would trigger a side airbag deployment in the event of a moderate to severe impact on the vehicle’s side area. The Vehicle Is Equipped With Automatic Shut-Off Sensors Another reason why airbags won’t deploy is if a vehicle is equipped with advantaged frontal and/or side airbag systems that automatically detect if a person is seated or not. An issue with this type of technology is that the sensor would mistakenly determine that a person is not sitting in the driver’s passenger seat if that person is small in stature or a child. This is gravely dangerous since the sensor would not be triggered to deploy an airbag even in a moderate to severe impact since the car assumes that there is no person in that particular seat. Therefore, it is crucial to make sure that passengers, especially children, are seated in the appropriate area of the car as mandated by law. This means that children should be restrained and sit in their car seats or booster seats suited to their size and weight and in the appropriate position in the vehicle. Your Car Has Defective Components Or Installation As with any product, defects can occur in vehicles and their components. Defects can occur in numerous ways, including, but not limited to, the installation of the components, the design of the parts, or the manufacturing of the elements themselves. An airbag’s failure to deploy in a moderate to severe impact is not limited to any defects in the airbag or the sensors. Other electronic components of the vehicle can also affect the deployment of the airbag. Thus, it is crucial to keep yourself aware of any manufacturer recall pertaining to your vehicle or its parts. The Car Is Not Equipped With A Working Airbag Another possibility that an airbag would not be deployed in a car accident is if the vehicle is not equipped with an airbag or has an airbag but is either defective or nonfunctional. As noted above, an airbag itself can be defective. However, an airbag is nonfunctional if it has been previously deployed. Generally, airbags cannot be reused, so a new airbag must be installed on the vehicle to deploy in the unfortunate event of a moderate to severe impact if it has previously been deployed in another accident. Given the life-saving benefit of being in a vehicle equipped with an airbag in the event of an accident, it is imperative to make sure that your car is equipped with an active airbag, Being involved in a car accident is not a small feat. These cases tend to be complicated and time-consuming, so having a reliable lawyer specializing in car accident cases is valuable. A lawyer specializing in car accident cases can represent your interests against the appropriate parties and ensure that your rights are protected through the confines of the law. You do not need to fear or face the complexities of your car accident alone. Our firm is here to help. If you or a loved one was involved in a car accident, you need a reputable lawyer on your side. Our highly experienced car accident lawyers are here to guide and help you in your case. Please call us at (225) 963-9638 or you click here to contact us about a a consultation. Our dependable car accident lawyers can help you assess your situation, represent your claim, and answer any concerns you may have regarding your car accident.

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