Louisiana Injury Lawyer Blog

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.

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On March 3, 2010, the operator of a Harley Davidson motorcycle changed lanes into the path of an International 18 wheeler as he approached the Gause Boulevard exit on I-10 in Slidell, Louisiana. The motorcycle operator was pronounced dead at the scene from the injuries sustained in the motorcycle wreck.

According to Baton Rouge, Louisiana motorcycle accident lawyer, Scott Andrews, a following motorist who strikes a preceding motorist is usually presumed at fault for the rear-end collision because the following motorist must maintain a sufficient distance from the vehicle in front of him to avoid a collision under circumstances which should be reasonably anticipated. The presumption is rebutted by proving that the driver had his vehicle under control, that he closely observed the preceding vehicle, and that he followed at a safe distance under the circumstances. The following driver may also rebut the presumption of liability by proving that the other driver created a hazard which he could not reasonably avoid, such as changing lanes suddenly and without warning.

Continue reading "One Dead After Slidell Louisiana Motorcycle Wreck" »

On Sunday, February 7, 2010, a 25 year veteran of the Terrebonne Parish Sheriff's Office was killed while escorting a Mardi Gras float by motorcycle. The accident occurred when a car made an illegal left turn in front of the float and hit the deputy's motorcycle as it was passing the float.

During this Mardi Gras season, Louisiana injury attorney, Scott Andrews, reminds motorists to be on the lookout for vehicles, motorcycles, and pedestrians around Mardi Gras floats. It is best to assume that another vehicle or person is present but hidden, and therefore, to proceed with caution.

Continue reading "Houma, Louisiana Motorcycle Accident Claims Life of Deputy Sheriff" »

On December 22, 2009, the Consumer Product Safety Commission announced that approximately 8,500 Polaris All-Terrain Vehicles (Sportsman ATVs) manufactured between January and August 2009 and sold between February 2009 through November 2009 were voluntarily recalled by Polaris Industries, Inc. . Polaris has received 19 reports of incidents involving the loss of steering control in the 2009-2010 Sportsman ATVs after the front suspension ball joint stem separated from the steering knuckle. The following models are included in the recall:

2009 Sportsman XP 550
2009 Sportsman XP 550 EPS
2010 Sportsman 550
2010 Sportsman X2 550
2010 Sportsman Touring 550
2009/2010 Sportsman XP 850
2009/2010 Sportsman XP850 EPS
2010 Sportsman Touring 850

The Consumer Product Safety Commission warns consumers to immediately stop using the recalled Polaris Sportsman ATVs and to contact their local Polaris dealer to determine if your model and VIN number are included in this recall and to schedule a free repair. Polaris is supposed to be directly contacting registered owners about the recall. For additional information about the Polaris ATV recall, you can contact Polaris at (888) 704-5290 or visit the company's Web site.

Baton Rouge, Louisiana personal injury attorney, Scott Andrews, warns consumers not to wait until after the hunting season to get their recalled Polaris ATV repaired because the risk of injury and death is too great: "I have had numerous clients over the years call me after being injured by a defective recalled product and they tell me that they received notice of the recall, but had not gotten the defective product repaired yet when the accident happened. Return the product or get it repaired--do not use the defective product."

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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.

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A twenty-one year old Franklinton man was killed December 2, 2009, on Louisiana Highway 1082 in Covington, Louisiana. The motorcycle rider reportedly was passing several cars when he encountered a 2005 Crown Victoria that was turning left onto Pat O'Brien Road. The Suzuki motorcycle and car collided and the motorcycle rider was thrown from his bike and died at the accident scene.

According to the Louisiana Highway Safety Commission, 59 motorcycle crashes claimed 4 lives in St. Tammany Parish in 2008. For motorcycle riders, "the best offense is a good defense. Never pass at or near and intersection and always assume the other driver does not see you and your bike," says Scott Andrews of the Baton Rouge, Louisiana law firm of Dué, Price, Guidry, Piedrahita & Andrews. Attorney Scott Andrews rode a motorcycle in college and had more than his share of close calls with inattentive motorists and substandard highways. Scott Andrews reminds motorcycle riders to "always keep a look-out and drive safely."

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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.

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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.

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