Louisiana Injury Lawyer Blog

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.

Continue reading "Six Dead and Nine Injured After Tire Blow-Out and Rollover in Ascension Parish, Louisiana" »

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" »

From all of the attorneys and staff at Due', Price, Guidry, Piedrahita & Andrews in Baton Rouge, Louisiana, we wish you all a Happy Thanksgiving.

On this glorious day, we should all remember the things for which we are thankful. I am especially thankful for all of the sacrifices that the men and women in the armed services have made so that we can enjoy such a wonderful and bountiful holiday.

The mayor of Monroe, Louisiana and a Monroe City Police Officer were involved in a car wreck at the intersection of Louisiana Highway 15 and Louisiana Highway 33 in Richland Parish.

The auto accident occurred when a Chevrolet Tahoe failed to yield at the intersection, resulting in a collision with the City of Monroe Impala occupied by the mayor and the officer. All three drivers were treated at St. Francis Medical Center for minor injuries.

Continue reading "Monroe Louisiana Mayor Injured in Richland Parish Auto Accident" »

The Consumer Product Safety Commission announced the recall of millions of Stork Craft drop-side cribs on November 23, 2009, following reports of one hundred ten drop-side detachments and four infant deaths. The CPSC determined that a gap can be created between the mattress and the drop-side rail when a piece of the claw on the lower right side of the drop-side rail breaks, allowing the claw to disengage from the lower right side t-rail of the crib.

The Consumer Product Safety Commission determined that at least one Louisiana baby's death has been caused by mechanical asphyxia that occurred when he was trapped in a gap between the drop-side rail and the crib's mattress. The Louisiana baby's parents filed suit against the crib manufacturer in the United States District Court for the Western District of Louisiana in Lafayette, Louisiana.

The CPSC reminds parents not to use any crib with missing, broken, or loose parts, and to not try to repair any side of the crib, especially with tape, wire or rope.

Continue reading "Louisiana Baby is Victim of Defective Crib" »

The 200 foot boom of a crane collapsed onto a fabrication shop at Elevated Boats, Inc. in Houma, Louisiana, killing one man and injuring another on November 17, 2009. The collapse occurred when the steel base of the crane ripped and detached while the crane operator was moving a 30 ton weight from the flat bed of an 18 wheeler. The accident remains under investigation by OSHA.

A crane collapse is usually caused by operator error, defective design of the crane or a component part, or improper maintenance. When injured or killed on-the-job by a crane collapse in Louisiana, worker's compensation is often the exclusive remedy for the injured or killed worker. However, if the crane or a component part is defective, or if the crane was improperly maintained or negligently operated by a contractor or other third-person who is not considered an employer or co-employee, a claim may be made outside of the worker's compensation scheme. And, when an on-the-job crane collapse in Louisiana is covered by the Jones Act or General Maritime Law, a claim for injury or death can sometimes even be made against an employer or co-employee.

Continue reading "Man Killed in Houma, Louisiana by Collapsed Crane" »

A 6 year old Morganza, Louisiana, child was killed on November 15, 2009, while getting off of a school bus on Louisiana Highway 1, north of Louisiana Highway 420, in Pointe Coupee Parish, Louisiana. The school bus driver had activated the bus's safety signals, but the oncoming driver of a Ford car, nevertheless, struck and killed the child as he exited the school bus. The driver of the Ford car was booked into the Pointe Coupee Parish Prison for failure to stop while bus signals are activated and for negligent homicide.

The National Highway Transportation and Safety Administration reports that between 1996 and 2006, there were approximately 1,536 fatal school transportation-related motor vehicle traffic crashes, with one-half (50%) of all school-age pedestrians who were killed being between the ages of 5 and 7. The National School Bus Safety Week is held the third full week of October every year. The next School Bus Safety Week will be October 18-22, 2010. Do not wait until then to practice school bus safety. Our children's lives are too important to take chances--always stop when school bus signals are activated and never pass a school bus. Be patient, a child's life may depend on it.

Continue reading "6 Year Old Child Killed in School Bus Accident in Pointe Coupee Parish, Louisiana" »

A motorcyclist trying to enter Interstate 20 in Shreveport, Louisiana, was killed on November 14, 2009, when his motorcycle struck a barrier on the overpass and then plunged about thirty feet onto Interstate 20 below.

Often times, overpass curves, guardrails, or barriers are defectively designed or maintained and can contribute to vehicle accidents. Motorcyles and automobiles being operated under normal or expected conditions should not vault over a guardrail or other overpass barrier.

Continue reading "Shreveport, Louisiana Motorcyclist Killed in Accident" »

Two Villa Feliciana Medical Complex employees, accused of hitting a patient, were arrested on November 13, 2009, and booked into the East Feliciana Parish Jail.

Hitting a patient is considered an intentional tort or battery by Louisiana law, and any claim for injuries and damages suffered by the struck patient generally fall outside the Louisiana Medical Malpractice Act. Other types of abuse and neglect of the elderly in nursing home settings will generally fall within Louisiana Medical Malpractice Act.

The National Center for Elder Abuse estimates that between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by a caregiver. If that caregiver is a nursing home or other healthcare provider licensed by the State of Louisiana, a complaint should be filed with the Health Standards Section of the Louisiana Department of Health and Hospitals. The Health Standards Section will investigate any good-faith and timely complaint against the health care provider, and if the complaint is verified, appropriate action will be taken.

Continue reading "Nursing Home Employees Accused of Hitting a Patient Arrested in Jackson, Louisiana" »

On the evening of November 12, 2009, a Ford truck backed out of a private driveway onto Louisiana Highway 40 in St. Tammany Parish, directly into the path of a 2005 Honda VTX motorcycle. The motorcycle operator was wearing a helmet, but nevertheless, was killed in the motorcycle crash. The driver of the Ford truck is believed to have been impaired and was charged with DWI 3rd offense, Vehicular Homicide, and Failure to Yield from a Private Drive.

Motorcycle accidents claimed 4,810 lives nationwide in 2006, and alcohol was involved in 1,677 of the deaths. 88,000 motorcyclists were injured during the same time period. In Louisiana, 95 motorcyclists were killed in 2006, 29 of which deaths involved the use of alcohol. Never drink and drive!

While the St. Tammany, Louisiana motorcycle operator lost his life despite wearing a helmet, the importance of helmet use cannot be underestimated. The National Highway Transportation Safety-NHTSA estimates that helmets saved 1,658 motorcyclists' lives in 2006, and that 752 more could have been saved if all motorcyclists had worn helmets. Remember, helmts save lives.

Continue reading "St. Tammany Parish Louisiana Motorcycle Crash Claims One Life" »

One person killed and five injured on November 7, 2009 in a Natchitoches, Louisiana car wreck on Louisiana Highway 117. The driver of a 1997 Ford Crown Victoria lost control of his vehicle and left the roadway to the right, then overcorrected and traveled across the center line and crashed into a 2005 Chevrolet Trailblazer. One passenger in the Ford Crown Victoria was not wearing his seat belt and was killed. Five others were injured. The driver of the Ford Crown Victoria was charged with four counts of vehicular negligent injury, DWI 4th offense, reckless operation, vehicular homicide, open container, and operating a vehicle with a suspended driver's license.

According to the Centers for Disease Control and Prevention, 36 people in the United States die every day in motor vehicle accidents involving an alcohol-impaired driver, and approximately 700 more people are injured. 32% of all traffic fatalities (13,470 people) in 2006 involved drunk drivers. Children were especially effected with nearly one-half of all auto accident deaths of children 14 or younger caused by drivers over the legal limit. Never drink and drive!

Continue reading "Natchitoches, Louisiana Car Wreck Kills One and Injures Five" »

Crisis, what Crisis? Medical malpractice lawsuits account for less than 1% of all civil suits and have been declining for nearly 10 years. In 2008, fewer medical malpractice claims were filed by patients in Louisiana than in any year since 1996. The insurance market is so strong in Louisiana that the largest medical malpractice insurer in Louisiana has returned a 20% dividend on written premiums to its Louisiana doctors each of the last two years.

According to the Government Accountability Office (GAO) and the Congressional Budget Office (CBO), less than one and one-half percent of overall health care spending in the United States is related to medical malpractice suits. While there is evidence that some doctors run unnecessary tests to generate more income for themselves, there is no credible evidence that "defensive medicine" increases health care costs. Rather, good doctors run additional tests to aid in their diagnosis of their patients. The only way to reduce medical malpractice suits is to hold doctors accountable for their unacceptable errors and mistakes. Juries and fellow doctors must stop protecting bad doctors. As long as bad doctors are "given a pass", they will continue to cut corners and perform below the standard of care.

In Louisiana, the Medical Malpractice Act protects doctors and other qualified health care providers with a $500,000, plus medical expenses, cap on damages. This draconian $500,000 cap on damages includes lost wages. So, if a 20 year old husband and father of two infant children is killed by medical malpractice, the most his widow and infant children can recover, including for lost wages or support, is $500,000. This is a joke.

Not only is the cap on damages so low as to be unconscionable, but the Louisiana Medical Malpractice Act requires that three Louisiana doctors review the case against their fellow Louisiana doctor prior to suit being filed. Anyone who thinks the "conspiracy of silence" and "good ole boy" system is not alive and well in Louisiana is fooling themselves. The extent to which many doctors reviewing Louisiana medical malpractice cases will go to protect their fellow doctors is absolutely shocking.

Doctors and hospitals in Louisiana are not suffering from any malpractice crisis. The Louisiana Medical Malpractice Act was enacted in 1975. Doctors and other qualified health care providers are ONLY liable for $100,000 of the damages caused to their patients. The Louisiana Patient's Compensation Fund (PCF) is liable for the remainder, including future medical expenses. And, since 1975, the Louisiana PCF has paid in excess of $4.5 million in Just 20 medical malpractice cases, including for medical expenses for brain damaged babies and other malpractice victims requiring 24 hour attendant or custodial care. If there is a crisis in Louisiana, it is the crisis of the medical malpractice victim who can no longer work or care for his or her family following an unacceptable medical error and who cannot obtain fair and equal justice.

Continue reading "There is No Medical Malpractice Crisis in Louisiana" »