On the morning of June 3, 2010, a 2008 Peterbilt 18 wheeler ran off I-55 and hit a tree, causing the big rig to jack-knife and catch on fire. The 29 year old driver was pronounced dead at the scene of the accident.
Continue reading "Tangipahoa Louisiana 18 Wheeler Wreck on I-55 Claims Life" »
On the evening of March 31, 2010, a distracted Louisiana truck driver allegedly caused a nine vehicle accident on Interstate 57 in Illinois, when the 18 wheeler he was operating rear-ended a vehicle in a construction zone. The Louisiana truck driver was allegedly looking down at a map when he encountered the slow moving traffic. Three people were killed when their SUV caught on fire. Thirteen people were hospitalized.
According to the United State Department of Transportation, there are three primary types of distracted driving: 1) visual or taking your eyes off the road; 2) manual or taking you hands of the wheel; and 3) cognitive or taking your mind off what you are doing. Examples of activities that distract drivers include texting, grooming, talking to passengers, eating and drinking, reading (including maps), watching electronic devices, using a cell phone and changing the radio station or other music player.
Commercial truck drivers are required to undergo testing and licensure which involve attending a special school designed to teach the mechanics and attendant hazards of operating large rigs. Based upon that premise, a professional truck driver is a superior actor in the eyes of the law. Thus, with superior knowledge and training as a professional truck driver, he is held to a high standard of care to the motoring public. See Davis v. Witt, 2002-3102 (La.7/2/03), 851 So.2d 1119, 1128-29.
Louisiana State Police Traffic Accident Crash Reports are now available online at the Louisiana State Police website. According to the LSP website, "you can easily find official reports for crashes that have occurred in every Parish across the state. Once you have found your report, you can see a limited preview and then purchase that report to see the entire document. After completing purchase of a report, you will be able to instantly download a permanent PDF copy of the complete report." In order to search for an accident report, the user must enter the first and last name of the driver or pedestrian involved in the accident, the parish where the accident occurred, and the date of the accident. A log-in must be created to finalize the $8.50 credit card transaction.
Continue reading "Louisiana State Police Traffic Accident Crash Reports Available Online" »
On my way back from a meeting in North Louisiana on Wednesday, March 31, 2010, I was detoured off of U.S. Highway 61 and around downtown St. Francisville, Louisiana, due to a overturned 18 wheeler that had spilled toxic and hazardous chemicals into the adjacent ditch in the middle of town. The 18 wheeler was traveling through a construction zone when its rear tires dropped off the pavement, resulting in a roll-over event. U.S. Highway 61 was closed for more than eight hours while emergency personnel cleaned up thousands of gallons of a 10 percent solution of sodium hypochlorite, a bleach and disinfectant. Four nearby homes were evacuated, but no injuries were reported. Since no injuries were reported, the 18 wheeler driver and company will most probably escape civil liability.
Prior to the 1996 Mike Foster Louisiana tort reform legislative package, transporters of toxic and hazardous materials were liable for punitive or exemplary damages for their wanton and reckless disregard for the safety of the public. So, prior to 1996, if the 18 wheeler driver whose big rig overturned and spilled toxic and hazardous chemicals in downtown St. Francisville, had acted recklessly in operating his 18 wheeler, he and the commercial company he worked for could be "punished" for spilling the chemicals even if no one was seriously injured. In this post-tort reform era, the 18 wheeler driver and company get off scot-free so long as no one is injured, and even if someone is injured, the drive rand company receive no additional punishment for the wanton and reckless conduct. Is this fair? Is the insulation of commercial carriers from punishment more important than the safety of the public? Perhaps our Legislature should revisit the 1996 changes to our law. In that vein, Senate Bill 547 has been introduced in the 2010 Regular Session of the Louisiana Legislature by Senator Robert Marionneaux, to enact Louisiana Civil Code article 2315.8, which is proposed to read as follows:
"In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a person's willful and wanton misconduct."
Continue reading "Baton Rouge Louisiana Injury Lawyer Affected by 18 Wheeler Chemical Spill" »
The Louisiana Supreme Court on March 16, 2010, reversed in part and affirmed in part the matter of Brewer v. J.B. Hunt Transport, 2009-1408 c/w 2009-1428. Brewer was permanently and severely injured when his pick-up truck rear-ended and rode underneath an 18 wheeler on I-12 in Livingston Parish, Louisiana.
The Twenty-First Judicial District Court for the Parish of Livingston entered judgment on the jury verdict finding Brewer 100% at fault for the rear-end collision. The Louisiana First Circuit Court of Appeal reversed based on the trial court's legal error in allowing evidence of Brewer's unrelated prior bad acts (pre-accident drug use and arrests) into evidence, and on de novo review, found Brewer 40% at fault for the rear-end collision and the 18 wheel tractor trailer driver 60% at fault for suddenly changing lanes in a construction zone and into Brewer's lane of travel. The Louisiana First Circuit Court of Appeal awarded a total of $10,677,634.93 in special damages and $2,500,000.00 in general damages for Brewer's injuries, which included a traumatic injury to the right anterior temporal lobe of his brain, resulting in bed-wetting, seizures, short-term memory deficits, a lowered IQ, personality changes, and disinhibition.
The Louisiana Supreme Court found that the Louisiana First Circuit Court of Appeal's de novo review of the trial court judgment was inappropriate because the bad acts evidence was directly related to the central issue of damages and not to the central issue of liability, which was the basis for the jury's ultimate conclusion. However, the Louisiana Supreme Court still determined that the jury's allocation of fault between the parties was manifestly erroneous. The Louisiana Supreme Court reversed the allocation of fault and reassessed fault 70% to Brewer and 30% to the 18 wheel tractor trailer operator.
A 2007 International 18-wheeler driver fell asleep and crossed the center line of Louisiana Highway 24 in Larose, Lafourche Parish, Louisiana, killing a Dodge truck driver. The pick-up driver was unable to avoid the collision with the oncoming big rig. According to a study conducted by the Institute for Traffic Safety Management and Research, through interviews with randomly selected long-distance truck drivers, 47.1% had fallen asleep at the wheel at least once, and 25.4% within the last year.
Continue reading "Lafourche Parish Louisiana 18 Wheeler Accident Kills Truck Driver" »
A pickup truck crossed the center line and collided head-on with Trace Adkins' tour bus in Caddo Parish, Louisiana on February 13, 2010. The truck driver and his passenger were killed instantly. Five members of Trace Adkins' band received minor injuries.
According to Baton Rouge, Louisiana truck injury lawyer, Scott Andrews, when a driver on the wrong side of the road collides with another vehicle which is in its correct lane of travel, there is a presumption that the driver on the wrong side of the road is at fault, and he is required to show that he committed no fault, however slight, that contributed to the accident. This is in line with the general duty that a motorist owes to the traveling public of remaining in his own lane of traffic. When he undertakes to enter the lane devoted to approaching traffic he must be held strictly accountable for all damages resulting therefrom unless he clearly exhibits that his conduct in no wise contributed to the accident. In order to be exonerated, he must establish his freedom from all fault by convincing proof. The trespassing motorist having caused the accident by leaving his own traffic lane, is presumed guilty of negligence and the onus rests on him to demonstrate that the accident resulted from such a state of unforeseeable circumstances beyond his control and to which he did not contribute, that he could not extricate himself, despite the efficient use of all protective measures at his command.
Former chamber of commerce director and dean of a technical college in Opelousas, Louisiana was killed in an accident with a big rig on January 29, 2010. The truck accident occurred when an 18 wheeler exited I-49 onto U.S. 190 and drove past the stop sign and into the path of the car being operated by the former dean. The dean was taken to a hospital in Opelousas where he was pronounced dead.
According to the Federal Motor Carrier Safety Administration (FMCSA), National Highway Traffic Safety Administration (NHTSA), the Fatality Analysis Reporting System (FARS), and the General Estimates System (GES), in 2006 there were 368,000 accidents involving large trucks. Of those, 77,000 accidents involved injuries and 4,321 accidents involved fatalities.
The Large Truck Crash Causation Study commissioned by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation (DOT) concluded that: "Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance." The Large Truck Causation Crash Study was based on a review of the pre-crash contributing factors and causes of large truck crashes involving commercial motor vehicles nation-wide. Of significant interest is that the Large Truck Causation Crash Study found that the critical reason for 43% of all truck crashes caused by tractor trailer drivers was the large truck driver's decision errors, including driving too fast for conditions to be able to respond to unexpected actions of other road users; driving too slow for traffic stream; misjudgment of gap or other driver's speed; following too closely to respond to unexpected actions; false assumption of other road user's actions; making an illegal maneuver; taking inadequate evasive action, e.g. braking only, not braking and steering; aggressive driving behavior; and driving too fast for a curve/turn.
Continue reading "Truck Driver's Decision Errors Cause 43% of Large Truck Crashes" »
On January 4, 2010, and 18 wheeler being operated by a Jonesboro, Louisiana man traveling northbound on U.S. Highway 167 near the Jackson Parish and Winn Parish line crossed the center line and struck an oncoming car being operated by a Winnfield, Louisiana woman. Both drivers were killed.
While Louisiana is a pure comparative fault state, meaning that the fault of each person, however slight, must be apportioned, a driver who crosses the center line and strikes a vehicle in its proper lane of travel is presumed to be at fault for causing the auto accident.
Effective January 1, 2010, new minimum liability limits of 15-30-25 for automobile insurance will go into effect in the State of Louisiana. The minimum limits are currently 10-20-10. For auto insurance policies issued after January 1, 2010, victims of Louisiana car wrecks will have at least $15,000 per person / $30,000 per accident in available bodily injury liability insurance available to compensate them for the injuries and damages caused by a Louisiana insured driver. Under Louisiana law, insurers are also required to offer underinsured and uninsured (UM) motorist bodily injury liability coverage to their insureds in the same amount as the bodily injury liability insurance.
Prior to the change in Louisiana law, Louisiana was one of only two states in the United States with minimum automobile bodily injury liability limits of 10-20-10, with the 48 other states having higher liability limits. Even with the improvement in Louisiana law, Louisiana is still one of only nine states with 15-30 or less in bodily injury liability limits. Texas, Mississippi and Arkansas all have minimum automobile bodily injury liability limits of 25-50-25. Hopefully, the Louisiana Legislature and Governor will see fit one day to place Louisiana accident victims on the same level of financial protection as the accident victims in our neighboring states. Until then, Louisiana will continue to rank at or near the bottom of yet another national list.
On December 7, 2009, an 18 wheeler tanker truck overturned on the I-49 on-ramp at U.S. Highway 190 in Opelousas, Louisiana. The tractor tanker reportedly leaked sodium hydroxide, which is a hazardous chemical that can cause burns on the skin. According to Baton Rouge, Louisiana truck accident attorney, Scott Andrews, accidents involving overturned tractor trailers on interstate on-ramps and off-ramps are usually "avoidable accidents." Tanker drivers must have a tank endorsement to operate a tanker, which endorsement is intended to ensure that the tanker operator has been trained in how to operate a tanker and its constantly shifting liquid contents. If the tractor tanker is operated in a safe manner and at a safe speed, the 18 wheeler should not overturn.
Fortunately, no one appears to have been harmed by the toxic and hazardous chemical reportedly spilled. Unfortunately, the truck driver and his employer may escape from any liability because no one was injured. Prior to the 1996 tort reform in Louisiana, operators of trucks transporting toxic and hazardous substances could be punished by awards of punitive or exemplary damages for their wanton and reckless conduct. Now, trucking companies that act in a wanton or reckless manner are no longer subject to punishment, and can only be held liable for the actual harm they cause.
Continue reading "Tanker Truck Overturns on I-49 in Opelousas, Louisiana" »
Two adults and thirteen children were riding in a mini-van on Interstate 10 in Ascension Parish, Louisiana, around mid-night on November 28, 2009, when a tire blew out, causing the mini-van to strike a box truck in the adjacent lane. The mini-van rolled over several times, ejecting the thirteen unrestrained children. The driver and five of the children are confirmed dead.
This is a terrible tragedy and our hearts and prayers go out to the families of all involved. If the Ford/Firestone rollover/blow-out litigation taught us anything, it is that tire blow-outs and vehicle roll-overs are a dangerous, and often fatal, combination. A properly designed and manufactured tire should not blow-out unless the tire suffers impact damage or has been improperly installed, inflated or maintained. And, a vehicle that sustains a tire blow-out should not rollover under expected and reasonable evasive maneuvers. Any time a tire-blow occurs and a death or serious injury occurs, the tire and vehicle should be preserved so that failure analysis can be conducted. Without the tire and vehicle, it is virtually impossible to determine the cause of the blow-out and rollover, and any legal rights the victims might have against the tire and vehicle manufacturer may be lost.
Three young adults from Farmerville, Louisiana, were killed on Friday, November 27, 2009, when the driver of their car ran a stop sign at Louisiana Highway 33 in Union Parish and drove directly into the path of a Freightliner Log Truck.
So far this year, 36 fatal car crashes in northeastern Louisiana have caused 42 deaths.
Continue reading "Log Truck Collision Claims Three Lives in Union Parish, Louisiana" »
Jun 3, 10 01:15 PM Tangipahoa Louisiana 18 Wheeler Wreck on I-55 Claims Life On the morning of June 3, 2010, a 2008 Peterbilt 18 wheeler ran off I-55...
Jun 1, 10 07:20 AM Distracted Louisiana Truck Driver Causes Rear End 18 Wheeler Accident in Illinois On the evening of March 31, 2010, a distracted Louisiana truck driver allegedly caused a...
May 29, 10 08:52 AM Louisiana Personal Injury Law: Commercial Truck Drivers Owe Higher Standard of Care Commercial truck drivers are required to undergo testing and licensure which involve attending a special...
Apr 19, 10 10:42 AM Louisiana State Police Traffic Accident Crash Reports Available Online Louisiana State Police Traffic Accident Crash Reports are now available online at the Louisiana State...
Mar 31, 10 07:24 AM Baton Rouge Louisiana Injury Lawyer Affected by 18 Wheeler Chemical Spill On my way back from a meeting in North Louisiana on Wednesday, March 31, 2010,...
Mar 16, 10 01:29 PM Livingston Parish Louisiana 18 Wheeler Tractor Trailer Operator 30% at Fault for Negligently Changing Lanes The Louisiana Supreme Court on March 16, 2010, reversed in part and affirmed in part...
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