Articles Posted in Car Wreck

man exiting vehicleInsurance policies can be extremely complicated. If you were involved in a car accident, it is important that you understand your rights and whether you are being treated fairly by your insurer and the other parties’ insurers. As seasoned Louisiana car accident lawyers, we have assisted many individuals with ensuring they receive the full amount of compensation they deserve.

In a recent appellate decision, the court considered whether a trial court appropriately denied an injured plaintiff’s claim for penalties and attorneys’ fees for her uninsured motorist (UM) policy insurer’s failure to provide an unconditional tender under the policy provisions of her insurance policy.   The plaintiff suffered injuries as a result of a rear-end collision while she was stopped at a red light. She filed a lawsuit, seeking damages against the drivers involved and the insurance companies that covered each of them. She also filed a lawsuit against her uninsured motorist (UM) policy provider, stating that her damages would exceed the coverage of the drivers who caused the accident.

As the matter proceeded, it was determined that the second vehicle behind the plaintiff was entirely at fault for the accident. She settled her lawsuit against the driver of this vehicle and his insurer for $50,000, which constituted the limits of his policy. She then dismissed her claims against them. She next dismissed her claims against the second driver, who was deemed not at fault for the accident.

Continue reading

Scott-Courrege-Headshot-e1526054194662-240x300

C. Scott Courrege

Dué Guidry Piedrahita Andrews L.C. proudly welcomes new associate attorney C. Scott Courrege.  After graduating #1 in his law school class, C. Scott Courrege was admitted to practice law in Louisiana on May 10, 2018.   He will work on various types of personal injury and wrongful death cases for the law firm with an emphasis on cases involving car wrecks, motorcycle accidents, and truck accidents.

C. Scott Courrege attended the Southern University Law Center’s evening division program while working for the East Baton Rouge Sheriff’s Office. He was a Senior Editor for the Southern University Law Review, which published his article entitled, “Drugged Driving: How the Legalization of Marijuana Has Impaired the Ability of the Louisiana DWI Law.” C. Scott Courrege received Cali Awards for Excellence in Legal Writing I, Legal Research, Criminal Law, Legal Writing II, Obligations, Torts I, and Advanced Legal Writing.

Orange Dump TruckMulti-vehicle accidents can be some of the most complicated when it comes to asserting your right to compensation. As seasoned Louisiana car accident attorneys, we have the knowledge and experience it takes to ensure that you are treated fairly in a multi-car accident, especially when it comes to working with insurance companies.

In a recent case, the court of appeal discussed whether it was appropriate for the lower court to grant summary judgment in favor of two insurance companies. One of the parties involved was speeding along the interstate in an overweight dump truck when he failed to stop in time while approaching traffic on the highway. The truck was carrying clay for a construction project maintained by the U.S. Army Corps of Engineers. The dump truck slammed into several other vehicles, and a 12-car pile-up resulted. There were many serious injuries that resulted from the crash and one fatality. According to the police officer who oversaw the scene of the accident, the dump truck driver was traveling roughly 70 miles per hour at the time of the crash, which was roughly 10 miles over the speed limit.

One of the injured victims and her spouse filed a personal injury claim against the truck driver and his sole proprietorship trucking business. The plaintiffs also filed a claim against the general contractor that was building a levee as part of the project. The parties engaged in discovery, and the general contractor eventually filed a motion for summary judgment, seeking dismissal from the lawsuit. The plaintiff countered this motion by providing evidence of contracts that displayed how the defendant driver was hired and involved in the project. The trial court entered a judgment in favor of the defendants, finding that they did not owe a duty of care to the plaintiffs to ensure that the truck driver and truck company were abiding by applicable weight rules provided by federal regulations. The plaintiffs appealed.

Continue reading

car in rainLouisiana can experience some extreme weather, which can make driving dangerous. It is not unusual for our region to experience serious rainstorms that can cause flooding and other damage. Heavy rain creates specific dangers for motorists, including the possibility of hydroplaning or otherwise losing control of the vehicle. As knowledgeable Louisiana car accident lawyers, we specialize in representing individuals in motor vehicle accident cases, and we are ready to assist you.

A Louisiana court of appeal recently issued an opinion regarding a case involving a hydroplaning accident. The plaintiff alleged that he was seriously injured when he lost control of his vehicle and hydroplaned on Highway 1 in Natchitoches. The plaintiff was working in the course and scope of employment when the crash took place. The plaintiff brought a civil claim against the Department of Transportation and Development, alleging that the highway was in an unreasonably dangerous condition and that this caused him to suffer injuries. The workers’ compensation insurer that provided the plaintiff benefits intervened in the lawsuit, seeking repayment of benefits.

After additional procedural issues and a three-day trial, the jury concluded that the defendant was completely liable for the plaintiff’s injuries. The department sought a new trial and filed other post-verdict motions, seeking to have the verdict overruled. The trial court denied these motions, and the department appealed, assigning several errors to the trial court.

Continue reading

grassy road shoulderIf you have been injured in a car accident, you probably have many questions regarding whether you are entitled to receive policy benefits from any insurance companies that insure the parties to the crash. Insurance policies are complex and difficult to understand. Many personal injury cases involve lengthy disputes about how coverage should be applied and whether or not injured parties are entitled to coverage. As seasoned Louisiana car accident lawyers, we know how to navigate complex insurance issues on behalf of our clients. A recent appellate opinion provides an example of how insurance disputes can arise in car accident cases.

On the day of the accident, the plaintiff and her daughter were walking home from church along a road that did not have a sidewalk or a paved shoulder. The plaintiff and her daughter were instead traversing an area that was grass and gravel. The shoulder was sloped downward from the road toward a culvert. The defendant was driving along this same road at the time of the crash when the front right side of his vehicle struck the plaintiff and threw her into the ditch. The plaintiff was unresponsive. Emergency personnel arrived at the scene, and the plaintiff regained consciousness. Then, she was sent to the hospital, where she stayed for at least one night.

The plaintiff and her husband filed a personal injury lawsuit on behalf of themselves and their daughter against the defendant, the owner of the vehicle that he was driving, and a number of insurance companies that provided various policies to each party. This included the two of the plaintiffs’ own insurers that provided them with an underinsured motorist or UM policy.

Continue reading

car keysUnderstanding how your insurance policy will affect your financial situation after you are involved in a motor vehicle accident can be incredibly confusing. The policies are written in complicated terms, and it can be difficult to know when you should contact your insurer. As seasoned Louisiana car wreck lawyers, we have assisted numerous victims with ensuring that their insurance company plays by the rules. As a recent appellate opinion demonstrates, this can have a serious impact on your ability to recover policy benefits.

In the case, the plaintiff maintained an auto insurance policy from an insurer that was effective from May 13, 2012, to May 13, 2013. On June 25, 2012, the plaintiff purchased another auto insurance policy from another insurer that began on the same date that she contacted them. A few weeks later, the plaintiff contacted her original insurer to cancel the policy. The first insurer performed a policy review with the plaintiff on the phone, and after the review, she asserted her verbal request to cancel the policy. At the plaintiff’s request, the insurer backdated the cancellation to June 25, 2012. The first insurer sent the plaintiff a prorated bill for her canceled policy.

The plaintiff did not pay the final bill from the first insurer, and it was sent to a collections agency. The plaintiff paid the bill in September 2012. In July 2012, the plaintiff was involved in a car wreck when her vehicle collided with a motorcycle, resulting in devastating injuries to the motorcyclist that ultimately caused his death. The motorcyclist’s surviving spouse filed a wrongful death action against the plaintiff and her new insurer.

Continue reading

dented side fenderWhen it comes to injuries on the job, knowing whether you are limited to pursuing worker’s compensation benefits or whether you can bring a civil claim against your employer to recover damages can be confusing. At Dué Guidry Piedrahita Andrews L.C., our knowledgeable Louisiana car crash lawyers have counseled numerous victims about their right to compensation, and we are standing by to assist you. A recent appellate opinion discusses the application of rules regarding whether an injured worker can bring a civil claim against an employer.

The plaintiff and another coworker worked for the City of Shreveport in the Airfield Maintenance Division. One afternoon shortly before 5 pm, the coworker backed a city-owned vehicle into the rear bumper of the plaintiff’s personal automobile. The area where the accident took place was surrounded with barbed-wire fencing and marked with a Restricted sign. A written report was prepared by an airfield employee that day, and the plaintiff went to the hospital for examination.

Shortly thereafter, the plaintiff filed a damages lawsuit against the City of Shreveport, the coworker, and the coworker’s insurance company. After a series of motions and rulings, the trial court determined that the plaintiff’s injury occurred during the course and scope of her employment. In reaching this conclusion, the lower court noted that the accident occurred during the plaintiff’s hours of employment in an area that was not open to the general public and that the plaintiff was technically still on duty at the time of the crash. The trial court dismissed the plaintiff’s claim, and the plaintiff appealed.

Continue reading

empty suburb drivewayThere are many complicated issues that can arise in a motor vehicle accident lawsuit. When the driver who causes the accident is working at the time of the crash, you may be entitled to recover damages from his or her employer based on a doctrine called vicarious liability. A seasoned Louisiana auto accident lawyer can assist you in determining whether this doctrine may apply to your claim. The sooner you understand which parties to include in the lawsuit, the better. A recent Louisiana appellate opinion discusses this doctrine and the complex issues that it can involve.

The background facts of the case are as follows. The defendant driver was turning into his driveway when he struck a six-year-old child. Unfortunately, the child did not survive the accident. The child’s parents filed a wrongful death action against the defendant driver, seeking a variety of items in compensation. The parents also named the defendant’s employer as a defendant in the action, claiming that the vehicle the defendant driver was driving at the time of the crash was covered by the employer’s insurance policy.

The employer and its insurance company filed a motion for summary judgment, claiming that the defendant driver was not working in the course and scope of his job when the accident happened and that they could not be held liable as a result. For an employer to be held liable for the tortious acts of an employee, the employee must be performing his or her usual job duties and acting with the authority of the employer.

Continue reading

https://bestlawfirms.usnews.com/images/blf-badge-2018.jpgNov. 1, 2017 –U.S. News & World Report and Best Lawyers, for the eighth consecutive year, the “Best Law Firms” rankings include the Baton Rouge, Louisiana injury law firm of Dué Guidry Piedrahita Andrews L.C., this year in the practice areas of Personal Injury Litigation – Plaintiffs (T1) and Product Liability Litigation – Plaintiffs (T2).
Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. “U.S. News has decades of experience evaluating key institutions in society—from colleges to hospitals,” says Tim Smart, executive editor at U.S. News. “Law firms perform a vital role in American life, and ranking them is a key extension of our overall mission to helps individuals and companies alike make important life decisions.”
The 2018 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S. Over 13,000 attorneys provided more than 1,000,000 law firm assessments, and over 7,500 clients provided more than 65,000 evaluations.  Kirk A. Guidry, Randy A. Piedrahita, and B. Scott Andrews are all recognized in The Best Lawyers in America.

When it comes to being involved in an auto accident, recuperating from your injuries is only one of the many challenges that you may have to overcome. Even when fault is clearly established, it can take months or even years to obtain the compensation that you need and deserve from a careless driver and his or her insurance company. Although insurers are meant to provide coverage and protection, they often engage in delay, gamesmanship, and outright evasion when it comes time to pay a claim for damages. Retaining a seasoned Louisiana car accident lawyer from the beginning can help you recover the damages that you deserve in a timely and efficient fashion.

highwayIn a recent lawsuit, a husband and wife were driving when they were involved in a collision with another vehicle that was attempting to change lanes at the time the crash occurred. The wife suffered serious injuries to her neck, hip, and back that required substantial medical treatment, including orthopedic surgery. The doctor concluded that the woman incurred a labral tear in her hip.

The husband and wife eventually entered into a settlement agreement with the at-fault driver’s insurance company, which agreed to pay the policy limit of $25,000. Since the woman had sustained damages that far exceeded this amount, she filed a personal injury claim with her auto insurance company, claiming benefits based on her underinsured motorist (UM) coverage policy. This policy had a limit of $30,000, but her insurance company did not agree to pay the benefits.

Continue reading