Car Wreck

Louisiana Court of Appeal Upholds Application of Collateral Source Rule to Workmens’ Compensation Benefits in Automobile Accident Case

March 2, 2018 | by Scott Andrews

Louisiana 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.

Louisiana Court of Appeal Upholds Award of Insurance Policy Benefits for Bystander in Pedestrian Car Accident Case

January 17, 2018 | by Scott Andrews

If 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.

Louisiana Appellate Court Upholds Summary Judgment in Favor of Plaintiff in Insurance Policy Coverage Dispute

January 4, 2018 | by Scott Andrews

Understanding 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.

Louisiana Appellate Court Upholds Dismissal of Car Wreck Claim Based on Worker’s Compensation Exclusivity Rule

November 27, 2017 | by Scott Andrews

When 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.

Louisiana Appellate Court Upholds Dismissal of Employer’s Insurance Carrier in Wrongful Death Case

November 20, 2017 | by Scott Andrews

There 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.

Dué Guidry Piedrahita Andrews L.C. Ranked in “Best Law Firms” by U.S. News & World Report and Best Law Firms

November 1, 2017 | by Scott Andrews

Nov. 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.

Louisiana Appellate Court Upholds Bad-Faith Judgment Against Insurance Company That Denied Underinsured Motorist Claim

October 16, 2017 | by Scott Andrews

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.

In 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.

Louisiana Appellate Court Reverses Judgment for Insurance Company, Finding Factual Dispute Over Whether Insurance Policy was Valid

October 9, 2017 | by Scott Andrews

Although you may have a clear understanding of how another driver caused you to suffer injuries in a car accident, there may be substantial hurdles to overcome before you can obtain compensation from the other driver. One of the biggest impediments that you may face is your insurance company or the at-fault driver’s insurance company. An experienced Louisiana car accident lawyer can mean the difference between a long, drawn-out ordeal with the insurers or an efficient and timely resolution of your claim. There are ways to use the legal system to ensure that you receive the full amount of compensation that you deserve, as a recent appellate opinion illustrates.

In the case, a woman and her son were driving along a major road in Baton Rouge in June 2015 when the vehicle in which they were riding was struck from behind at a stoplight. The driver brought a legal action against the individual driving the vehicle that struck her car, and her son joined in the action. The woman and the son also sued the defendant’s auto insurance company.

In response to the lawsuit, the insurer argued that it was not liable for the injuries that the mother and son sustained, noting that the policy it provided to its insured was financed through another company. The insurer then pointed out that the defendant had failed to stay current with his insurance premiums and that the insurer terminated the policy one week before the collision occurred.

Louisiana Appellate Court Reverses Summary Judgment for Defendants in Lawsuit Involving a Car Accident that Resulted in Quadriplegia

September 22, 2017 | by Scott Andrews

When it comes to evidence presented at trial, there are different categories. A witness to an accident is considered a layperson witness, while an accident reconstructionist, doctor, or lab technician can be classified as an expert witness. A recent Louisiana Court of Appeal opinion demonstrates how retaining an expert witness to testify on your behalf during trial can be vitally important to your claim. An expert witness can help you establish liability, or show that a defendant’s lack of appropriate conduct was the cause of the injuries that you sustained. An experienced Louisiana car accident lawyer can assist you with locating the appropriate expert witness.

In the case, the plaintiff was traveling as a passenger in a vehicle passing through Northeastern Louisiana when a thunderstorm erupted and caused serious roadway hazards. The driver was forced to take a detour, and while traversing that unanticipated pathway, a tree fell across the driver’s car. It crushed the roof, striking the passenger in the head. As a result of the blow, the passenger was rendered a quadriplegic.

The tree limb that fell onto the vehicle was from a tree located on a property line. Part of the tree was on a parcel of private property, while the remainder was on a city-owned parcel. The passenger filed suit against both the private parcel owner and the city. The defendants filed a motion for summary judgment, stating that they did not know or have reason to know that there was a defect or issue with the tree. They alleged that the tree had looked fairly healthy, producing green foliage. In a motion for summary judgment, the moving party must show that there are no genuine issues of material fact, alleviating the need for a jury and allowing the court to decide the dispute as a matter of law. The trial court granted the defendants’ motion for summary judgment, and the plaintiff appealed.

Louisiana Appellate Court Upholds Dismissal of Bar in Fatal Crash Involving Drunk Driver

August 10, 2017 | by Scott Andrews

Automobile accidents are common in Louisiana, but for many victims, navigating the legal process and understanding how to protect your rights can be daunting. Seeking counsel from a seasoned Baton Rouge car accident lawyer can help you ensure that you receive the outcome that you deserve.

A recent Louisiana appellate opinion demonstrates how easily complexities arise in car accident cases. The facts of the case are as follows. The first motorist was driving southbound on Highway 52, followed by the second motorist. The second motorist attempted to make a left turn when a police cruiser driven by an officer entered the southbound lane and struck the first motorist’s vehicle head-on. The officer died as a result of the accident, and the first motorist suffered serious injuries. Evidence in the record showed that the second motorist had been drinking alcoholic beverages before being ejected from a local bar and that he was driving while under the influence of alcohol at the time of the accident. The record also showed that the officer was acting in the course and scope of employment when the crash happened.

The first motorist filed a lawsuit seeking damages from the sheriff and his insurance company. He also named the second motorist as a defendant, along with his insurance company. Shortly after filing his complaint, the plaintiff added a claim against the bar that had been serving the second motorist and its insurer. The plaintiff alleged that the bar should have known that the second motorist was likely to drive while intoxicated and that the bar engaged in spoliation of evidence by erasing surveillance footage from the day that the accident occurred.