Articles Posted in Motorcycle Accidents

HighStakes-2020-150x150B. Scott Andrews of the Baton Rouge, Louisiana boutique law firm of Dué Guidry Piedrahita Andrews L.C. has been selected among America’s Top 100 High Stakes Litigators® in Louisiana for 2020.  Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.

To be initially considered for selection, a plaintiff personal injury attorney must have litigated a matter with at least $2,000,000 in alleged damages at stake.  Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.

According to America’s Top 100 Attorneys, only the top 100 qualifying attorneys in each state are selected for membership among America’s Top 100 High Stakes Litigators®.  Because of the extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States receive this honor — truly the most exclusive and elite level of attorneys in the community.

The Louisiana Supreme Court, in Blair v. Mary Coney, 2019-00795 (La.4/3/20), affirmed the trial court’s order excluding the expert opinion testimony of Dr. Charles E. “Ted” Bain because it was not based on sufficient facts or data.

According to the Supreme Court opinion, Dr. Charles E. “Ted” Bain is an injury causation consultant and partial owner of Biodynamics Research Corporation (“BRC”). Dr. Bain obtained a degree in nuclear engineering, but has never been licensed as a professional engineer. Dr. Bain received his medical degree in Canada and practiced in emergency medicine and family medicine. Dr. Bain completed three weeks of Traffic Accident Reconstruction Courses.

In 2014, George Blair filed a lawsuit in Louisiana for injuries he allegedly sustained in a car wreck. In an effort to disprove a causal connection between the alleged injuries and the wreck, the defendants hired Dr. Bain as an expert witness in the areas of biomechanics, injury causation analysis, and accident reconstruction. Dr. Bain issued a report concluding that the low speed rear-end collision subjected Mr. Blair to minimal forces and accelerations that would not cause serious or long-lasting injuries.

Seatbelt-150x150Shortly after 7:00 a.m. on September 18, 2019, a two vehicle wreck involving a big rig occurred on US Highway 61 or Airline Highway in St. John the Baptist Parish. The fatal big rig wreck took the life of an unbelted 27-year-old resident of Reserve, Louisiana.

The 27-year-old was driving a 2018 Chevrolet Cruze southbound on Terre Haute Road in an attempt to cross Airline Highway.  A 2020 Kenworth 18-wheeler was traveling southbound on Airline Highway.  As the Chevrolet Cruze crossed Airline Highway, it was impacted on the passenger side by the big rig. The 27-year-old driver of the Chevrolet Cruze was not restrained and sustained severe injuries in the wreck.  She died at a local hospital.

While the Louisiana Highway Regulatory Act requires the use of seat-belts, La.R.S. 32:295.1(E) provides that in any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a seat-belt shall not be considered evidence of comparative negligence. Failure to wear a seat-belt shall not be admitted to mitigate damages.

Yield-the-Right-of-Way-150x150Louisiana Revised Statute 32:123 provides that a driver shall yield the right of way to all vehicles which have entered an intersection from another highway or which are approaching so closely on said highway as to constitute an immediate hazard.  Failing to yield to the favored motorist can have devastating consequences, as was the case on September 12, 2019 in Calcasieu Parish when a two-vehicle wreck claimed the lives of two Sulphur, Louisiana residents.

Around 8:00 p.m., a 2019 Kia Rio traveling east on Louisiana Highway 108 failed to yield while turning left onto Louisiana Highway 27 near Sulphur, Louisiana.  The Kia Rio turned left into the path of a westbound 2014 Ford F-150 resulting in the fatal wreck.  The driver and passenger in the Kia Rio were pronounced dead at the scene.  The driver of the F-150 sustained moderate injuries.

Under Louisiana law, the left-turning driver who fails to yield is presumed to be at fault for the wreck and is responsible for all damages that follow, including for the wrongful death of a passenger.  Louisiana Civil Code Article 2315.2 provides that a Louisiana wrongful death claim can be brought by the deceased’s (1) spouse and children, or if none, (2) by the parents, or if none, (3) by the siblings, or if none, (4) by the grandparents.  The right to bring a Louisiana wrongful death claim prescribes one year from the death of the deceased.

Dué Guidry Piedrahita Andrews L.C. attorney Kirk A. Guidry was recently recognized by his peers in Best Lawyers as the 2019 “Lawyer of the Year” for Product Liability Litigation – Plaintiffs in the Baton Rouge area.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

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.

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.

Kirk Guidry, Randy Piedrahita and Scott Andrews have been selected to the 2017 Louisiana Super Lawyers list in the practice area of Personal Injury.   According to Thomson Reuters, no more than 5% of Louisiana Lawyers are selected each year by the research team at Super Lawyers to receive this honor.  Super Lawyers is a rating service of lawyers from multiple practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews L.C. handles serious personal injury and wrongful death cases throughout Louisiana.

Pedestrian awareness urged by Louisiana State Police after Baton Rouge fatality: Precautions such as wearing reflective materials, avoiding distractions, and walking a safe distance from travel lanes while facing oncoming traffic could help prevent many pedestrian related crashes.  Troop A News Release.

Karen Tullier was killed in Baton Rouge around 9:00 p.m. on Sunday May 22, 2016, while walking westbound on Burbank Drive near its intersection with Gardere Lane, after being struck by a westbound 1998 Kawasaki motorcycle.

Louisiana law requires that when sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the highway or its shoulder, facing traffic which may approach from the opposite direction. La. R.S. 32:216. Louisiana law also requires every driver to exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a highway. La.R.S. 32:214.

Super Lawyers 2016 selected every member (Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews L.C. for inclusion in the 2016 Louisiana Super Lawyers list in the practice area of Personal Injury.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Dué Guidry Piedrahita Andrews L.C. and all firm members also enjoy the prestigious AV Rating from Martindale-Hubbell and have been recognized by Best Lawyers® and U.S. News – Best Law Firms®.

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