Baton Rouge Injury Lawyer Blog

Two women were killed and two others injured after an 18-wheeler crashed into a passenger vehicle on LA 38 near Kentwood on Friday evening. According to Louisiana state troopers who responded to the crash, a sedan driven by Elizabeth "Gail" Pittman McDaniel, a member of the local school board, stopped on the roadway to make a left turn as an 18-wheeler driven by Stennis Taylor approached the vehicle from the rear. Taylor purportedly saw the sedan too late to stop successfully and instead attempted to pass the car on the left in an effort to avoid a collision. As he did this, Pittman McDaniel's vehicle began completing its left turn and the 18-wheeler struck the sedan on the driver's side. All four passengers in the sedan were extricated by local emergency personnel.

Following the accident, Pittman McDaniel and another female passenger were taken to the hospital in serious condition. They were both wearing a seatbelt at the time of the collision. Two other women in the sedan who were not wearing seatbelts were pronounced dead at the scene of the Tangipahoa Parish accident. The driver of the 18-wheeler, who was also wearing a safety belt at the time of the accident, was uninjured. Although toxicology reports are pending, neither driver is suspected of being under the influence of drugs or alcohol at the time of the accident. Immediately following the accident, Taylor was arrested and charged with two counts of negligent homicide and two counts of negligent injuring in connection with the crash.

Americans spend countless hours in their vehicles each year. With so many people on the road at any given time, collisions are bound to occur. In fact, a majority of personal injury claims filed in this country each year relate to injuries sustained in a motor vehicle crash. Car accidents are caused by a wide variety of factors which may include inattentive or reckless drivers, vehicle defects, and hazardous road conditions. Increasingly, drivers must also watch out for individuals who are preoccupied by text messages, cell phones, and email. Any distraction can create a hazard for everyone on the road. Unfortunately, serious injury or death may result from a driver's inattention.

If you or a family member was injured in a car accident because of another driver's inattention or impairment, you may be eligible to receive compensation for medical bills, lost wages, lost earning capacity, pain, disability, suffering, and loss of enjoyment of life. Every automobile accident is different. An experienced personal injury lawyer can help you evaluate your claim and advise you regarding the amount of compensation you may be eligible to recover from the driver who caused your injuries.

Continue reading "Two Die, Two Injured in Kentwood 18-Wheeler Crash" »

Only minor injuries resulted after a driver crossed the median on Interstate 10 near mile marker 83 in Acadia Parish and struck an 18-wheeler Tuesday. 35-year-old Curtis Cheley, of DeRidder, was treated for minor injuries before being arrested by Louisiana State Police and charged with reckless driving and driving while intoxicated. After he posted bail, Cheley was later rearrested for battery on a police officer, resisting arrest, attempted carjacking, and interfering with the duties of a police officer. The additional charges were filed by the Acadia Parish Sheriff's Office in connection with an encounter with Cheley prior to the arrival of State Police.

Interestingly, the moments leading up to the crash were filmed by a passing motorist. The motorist, Danny Leblanc, stated he called police after he witnessed the pick-up truck driving in front of him swerving wildly. After calling authorities, Leblanc began filming the vehicle using his mobile telephone. For approximately ten miles, the truck repeatedly drove onto and off of the median of the interstate. Finally, the eastbound truck drove into the westbound lanes of I-10. After the pick-up initially missed crashing directly into oncoming cars, the vehicle crashed into an 18-wheeler.

Although Leblanc failed to collect video footage of the crash itself, he pulled over and continued to record the events immediately following the crash. He has stated crash survivors exited their vehicles and the driver of the pick-up had a gash on his forehead. Leblanc also stated the driver appeared intoxicated and the man was allegedly difficult to communicate with. Leblanc claims Cheley refused to follow the orders of police on the scene and attempted to punch an officer. He also purportedly witnessed an officer use a taser on the driver of the pick-up in order to subdue him.

Most personal injury lawsuits filed annually are the result of a motor vehicle collision. Common causes for automobile accidents include impaired drivers, inattentive drivers, hazardous road conditions, and automobile defects. Injuries resulting from a car crash can range from the very minor to the severely disabling. Individuals hurt in a crash may be entitled to receive monetary damages for medical bills, disability, suffering, pain, lost income, loss of enjoyment of life, and wrongful death. Recovering from an auto accident can be a highly stressful time. A knowledgeable personal injury attorney can help.

Continue reading "No Fatalities in Wrong Way Crash on Interstate 10 in Acadia Parish" »

In October, an industrial worker filed suit against his employer and another party in Jefferson Parish District Court for an injury which allegedly occurred after his employer failed to heed his protests regarding the safety of a work procedure. In his lawsuit, Tyrone Wilson claims he was injured on October 10, 2010 while working for T.T. Coatings Inc. on a petroleum chemical barge. Wilson claims he was instructed to pull frozen test rods out of the open end of a metal shaft assembly with pliers while another employee heated the rods from the opposite end. He also stated after he protested the procedure to his employer he was threatened with termination if he did not continue. While the rod was being heated, it purportedly exploded in Wilson's direction and injured him.

Wilson has accused TT Coatings of committing an intentional tort by ordering him to engage in a dangerous activity despite that his employer knew he was likely to be harmed. He also accused Kirby Inland Marine Transportation Co. of negligence. Wilson alleges the Kirby Corporation required TT Coatings employees to engage in an inherently dangerous work activity, failed to maintain the company's equipment, placed workers in harm's way in an attempt to save money, and demanded workers use an unsafe method to accomplish their task.

On January 11th, the case was removed to New Orleans federal court. In his complaint, Wilson asked the court to award him compensation for medical expenses, physical and mental pain and suffering, lost of wages, loss of enjoyment of life, permanent disability, court costs, and interest.

Unfortunately, workplace accidents and injuries occur all too often. Navigating the laws designed to protect employees can be complicated. In Louisiana, workers can be killed or injured while working on land, on the open seas, or adjacent to navigable waters. Where an injury occurs will have an effect on an employee's right to recovery. The Louisiana Workers' Compensation Act applies to most injuries which occur on land. Meanwhile, the Jones Act protects employees injured at sea and the Longshore and Harbor Workers' Compensation Act applies to worker injuries which occur adjacent to navigable waters.

The Louisiana Workers' Compensation Act provides monetary relief to employees who are injured on the job regardless of fault. The same is true for the Longshore and Harbor Workers' Compensation Act. Workers' compensation laws generally provide an employee with the only remedy available from an employer for workplace injuries. Exceptions do exist, however. Louisiana's intentional act exception allows a worker to sue his or her employer for negligence if the employee can show the employer either consciously desired the physical result or knew it was fairly certain to happen as a result of the employer's conduct. Additionally, a worker injured on the job may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws. An experienced workers' compensation attorney can assist you in navigating the legal process.

Continue reading "Lawsuit Against Employer for Ignoring Worker Safety Concerns Removed to New Orleans Federal Court" »

A Baton Rouge bicyclist was killed and another injured Saturday night after being struck from behind by an alleged drunk driver on Perkins Road. 30-year-old Nathaniel Crowson was pronounced dead at the scene of the accident. His companion, Danny Morris, was taken to a local hospital where he remains in critical condition.

The driver, 28-year-old Joseph Branch, was taken into custody by police for suspected second offense driving while intoxicated. He was also charged with vehicular homicide. Tests revealed Branch had a blood alcohol content of .307 at the time of the accident. That is almost four times the legal limit of .08 in Louisiana.

According to his friends, Crowson regularly commuted on his bike and rode it cautiously. He worked at a local bicycle shop and understood the importance of wearing safety lights while riding at night. Crowson is survived by a 5-year-old daughter, Kat.

When a driver consumes drugs or alcohol, it can have a tremendous effect on his or her perception, reaction time, and judgment. A drunk or impaired driver is a danger to everyone they encounter on the road. Intoxicated driving is one of the leading causes of fatal accidents involving a motor vehicle in this country. You and your loved ones are placed at risk every time someone makes the choice to operate a vehicle under the influence of alcohol or drugs.

If you were injured or lost a loved one due to the actions of an intoxicated driver, you may be entitled to compensation. In Louisiana, those injured by a driver under the influence of drugs or alcohol may be awarded damages for medical bills, pain, suffering, and lost wages. By bringing a personal injury claim against a driver who injured you or your loved one, it may also send a message to others that driving while impaired is unacceptable. In some situations, a driver who chose to put others in danger may also be punished with punitive damages. A court may award punitive damages in an effort to deter others from engaging in the same behavior in the future. A qualified car accident attorney can explain the types of awards you may be entitled to.

Continue reading "Baton Rouge Bicyclist Killed by Drunk Driver" »

A shopper's slip and fall lawsuit against a grocery store was removed to New Orleans federal court earlier this month. On August 11, 2010, Mary brown filed suit against the parent company of Winn-Dixie Stores in Orleans Parish Civil District Court after she allegedly slipped on grapes while shopping in a local store. On January 11th, 2012 Winn-Dixie successfully removed the case to federal court.

According to Brown, several grapes were left on the floor of a Winn-Dixie grocery store which caused her to slip, fall, and become injured while shopping. She purportedly sustained damage to her shoulder, back, hips, and legs during the accident. Brown has accused the grocery store of negligence for maintaining the premises in a careless and reckless manner, creating and failing to correct an unreasonably dangerous condition, failing to clean the store, failing to act prudently and reasonably, and failing to warn shoppers of a hazardous condition. She is seeking compensation from the grocery chain for suffering and pain, medical expenses, emotional distress, loss of enjoyment of life, court costs, attorney's fees, and other damages.

In Louisiana, property owners are required to maintain a certain standard of safety on their premises and a failure to maintain a safe environment may result in a lawsuit. A claimant injured on a business or individual's property must be an invitee, such a shopper in a business, in order to file a premises liability lawsuit. Louisiana law does not allow a party injured while trespassing to seek financial recovery from a property owner.

There are three common categories of premises liability accidents. They are: construction accidents, slip and fall accidents, and trip and fall accidents. For each category of accident, it is important that any injuries are well documented and treated by a physician. An individual injured while invited onto someone else's property may be able to recover compensation for medical expenses, lost income, and other damages such as pain and suffering. If you were injured due to the negligence of a property owner, a skilled premises liability attorney can explain the types of damage awards you may be eligible to receive due to your injuries.

Continue reading "Winn-Dixie Sued in New Orleans Over Grocery Shopper's Slip on Grapes" »

Surprisingly, cruise vacation bookings in New Orleans have not slowed following the Costa Concordia cruise ship disaster off of the coast of Italy last week. Last Friday, the ship began taking on water after it struck a rock formation while carrying more than 4,000 people from across the world. About two hours later, the Costa Concordia became disabled and tipped on its side near Giglio Island. Following the accident, eleven bodies were recovered and 21 people still remain missing.

The Costa Concordia was reportedly traveling too close to the rocky Italian shoreline when it was damaged. A unit of Carnival Corporation, Costa Crociere, operated the cruise ship and has blamed the ship's captain, Francesco Schettino, for the disaster. According to Costa Crociere, Captain Schettino violated operating procedures when he deviated from the ship's approved course.

Local travel agents have stated the Costa Concordia tragedy has not had an effect on cruise bookings out of New Orleans during what is traditionally the busiest time of year for their agencies. The period from mid-January through late March is generally when most people book their cruise vacations for the year. One travel agent, Bob Wall, claims he has not had any customers cancel cruise vacation plans in response to the disaster, nor is he receiving calls requesting more information about the accident. Wall also said he cannot recall seeing such a dramatically disabled ship as the Costa Concordia during his 28 years working in the travel industry.

Many Louisiana travel agents believe cruise bookings have continued because human error purportedly caused the Costa Concordia tragedy. Wall has stated he thinks the cruise industry would be facing larger challenges as a result of the accident if instead the ship had failed numerous safety inspections or if Costa Crociere had a history of putting the lives of passengers in jeopardy.

In response to the Costa Concordia accident, Carnival Corporation has stated publicly the company is working hard to fully understand what caused the disaster. The Cruise Lines International Association also issued a press release reminding would be vacationers that this type of accident is exceedingly rare and cruising is generally a safe means of travel.

The director of cruise operations at the Port of New Orleans, Robert Jumonville, believes the accident will not have a major effect on worldwide cruise operating procedures. He also stated the likelihood a similar disaster would occur off of the coast of New Orleans is remote as the marshy, muddy shoreline of Louisiana is quite different than the rocky shoreline of Italy. Ships that get stuck in the mud generally need towed out, but do not begin taking on water. According to Jumonville, the biggest risk at the Port of New Orleans is the possibility of two vessels colliding.

Continue reading "Italian Cruise Disaster Has Not Slowed New Orleans Cruise Vacation Bookings" »

On Wednesday morning, a four-vehicle crash in Carlyss left a Calcasieu Parish Sheriff's Deputy dead and three other people injured. 41-year old Randall L. Benoit, of Sulphur, was killed on Louisiana Highway 1256 after a Ford Focus driven by Charles Harrell, a 28-year-old Carlyss man, crossed the center line and struck the deputy's Ford Taurus head on. After the initial crash, another driver reportedly struck the rear of the deputy's vehicle and then collided with a pick-up truck.

Although Benoit was on duty at the time of the crash, he was not wearing a seatbelt. The 18-year veteran of the Sheriff's Civil Division died as a result of his injuries. Harrell, who was also not wearing a seatbelt, was reportedly in critical condition at an area hospital. The drivers of the other two vehicles involved in the crash were both wearing their seatbelts and sustained only minor injuries. According to law enforcement, toxicology samples were obtained from each driver and submitted to the Louisiana State Police Crime Lab for examination. Although additional charges may be filed as the investigation continues, local police stated Harrell will be ticketed for driving left of the center line and for failure to wear his seatbelt.

Captain Chris Guillory, a Troop D State Police Commander, stated the deputy's tragic death is a harsh reminder to drivers everywhere of the importance of wearing a seatbelt. He also said in his experience wearing a seatbelt makes a difference in the severity of a crash victim's injuries in most cases. When discussing the accident, State Trooper Sgt. James Anderson stated, "Buckle up Louisiana. Every trip. Every time."

Folks in Louisiana regularly spend long hours in their cars every day. With so many people on the road, accidents are bound to occur. Automobile collisions may be caused by a variety of factors including impaired, inattentive or reckless drivers, car defects, and road conditions. Drivers who are preoccupied by cell phones and text messages, can also be a hazard to everyone on the road. Serious injury and tragically, even death may result from their inattention.

If you were injured in a motor vehicle accident due to another driver's inattention or impairment, you may be eligible to receive damages for lost wages, lost earning capacity, suffering and pain, medical bills, and loss of enjoyment of life. Each car accident is different. An experienced motor vehicle accident attorney can help you determine the amount of compensation you may be able to recover from the individual who caused your injuries.

Continue reading "Calcasieu Parish Sheriff's Deputy Killed in Carlyss Crash Not Wearing a Seatbelt" »

The M/V LADY BRANDY, a crew-boat owned by Iberia Marine Service, LLC, ran aground on the afternoon of January 9, 2012, on its way back to Morgan City from the Gulf of Mexico. At least one crewmember was injured. Other crewmembers and a number of passengers were on board. It has been reported that, at the time of the grounding, an unlicensed non-captain crewmember was at the wheel. Accordingly to at least one witness, passengers of the vessel were quite shaken by the event, while at least one crewmember sought immediate medical attention.

Passengers and crewmembers injured in an event such as this have claims against the vessel owner and its insurer. Their claims, however, are different in several respects.

The crewmembers have claims under a federal law commonly known as the Jones Act, which permits vessel crewmember- employees to file suit against their employer for negligence and unseaworthiness of the vessel. Seamen are owed a special duty of care from their employer under the Jones Act. A vessel can be found unseaworthy for a number of reasons, including an inadequate crew. Damages can include past and future mental and physical pain and suffering, past and future lost wages and earning capacity, past and future medical expenses, loss of enjoyment of life, disfigurement, maintenance and cure and "found."

Passengers are entitled to claim or file suit against the vessel owner for negligence under the general maritime law. Their claims are somewhat different than claims under the Jones Act, but they do include some common elements of recovery.

It is difficult to imagine that the grounding of this vessel was not caused by negligence on the part of the vessel owner and its crew. Workers in the Gulf of Mexico offshore oil industry are exposed to dangers far beyond that of the average land-based worker. Vessel owners should not add to those dangers in transporting offshore workers to and from their job locations.

If anyone is injured in an accident such as this, they should contact an experienced maritime and offshore attorney to explain the rights one has under the Jones Act and general maritime law.

For further information, visit our website at www.jpricemcnamara.com.

Last week, a lawsuit was filed in the Orleans Parish Civil District Court against a New Orleans nursing home in connection with a resident's death. The decedent, Milton Aucoin, suffered a stroke a few weeks prior to his death and was released to Chateau De Notre Dame for long term care. According to his family, the facility failed to provide Aucoin with a doctor prescribed blood thinner and other medications for more than two days. They also state blood thinning medicine was required to prevent Aucoin from experiencing any additional strokes.

The lawsuit claims Aucoin experienced another stroke and died ten days later as a direct result of Chateau De Notre Dame's failure to administer his medications. Aucoin's family also alleges in their lawsuit a survey performed by the Louisiana Department of Health and Human Services revealed the nursing home has a history of unacceptable medication error rates dating back to at least 2007. Aucoin's family is seeking damages for a variety of failures by the long-term care facility including a failure to be free from medication errors, to manage care properly, to obtain necessary lifesaving medicines, to provide alternative measures, and improper and untimely treatment.

Nursing home liability cases generally arise after the elderly, disabled or infirm are injured or die as a result of negligence or other mistreatment while in a nursing home, hospital, or assisted living facility. Most nursing home abuse cases result from negligence on the part of the care facility, but they also may arise from a facility's failure to provide adequate medical care or food, a failure to administer the correct medications, sexual or physical abuse, and emotional distress.

Care facility abuse and negligence cases often result from improperly trained or unqualified staff and signs of nursing home abuse are not always easy to identify. Signs may include a loss of appetite, depression, increased accidents, bedsores, bruises, and broken bones. An abused care facility resident may also complain to friends and loved ones about the treatment they receive. Any compliant regarding nursing home abuse or neglect should always be taken seriously.

Unfortunately, some residents may not be capable of alerting their family to mistreatment by a care facility. If you believe a friend or loved one might be a victim of nursing home abuse, it is always a good idea to report your concerns. Contact a qualified Louisiana nursing home liability lawyer to help you protect your loved one's rights.

Continue reading "New Orleans Nursing Home Sued for Withholding Stroke Victim's Medication" »

Two lawsuits were filed in New Orleans federal court this month over an industrial accident which killed one longshoreman and seriously injured another. On January 3, 2011, Bridget Bertrand filed a wrongful death lawsuit against Linde Material Handling North America Corp., Titan International Inc., ABC Insurance Co., DEF Insurance Co., Mi-Jack Products Inc., and XYZ Insurance Co. In her suit, Bertrand alleges her husband Shawn was killed on February 25, 2011 while performing maintenance on a Linde Reach stacker for Ceres Gulf, Inc. in the company's New Orleans Terminal. In her lawsuit, Bertrand alleges her husband was killed after the interior mechanism of the stacker's rim assembly locking ring failed and shot the tire assembly at him.

Bertrand has accused the defendants of failure to warn and improper equipment design. She alleges her husband's accident was wholly avoidable and seeks damages both individually and on behalf of the couple's minor daughter. Bertrand seeks compensation for her husband's funeral and medical expenses, physical pain and suffering, loss of support, consortium and love, attorney's fees, and other penalties.

The following day, Wayne and Pamela Strecker filed a lawsuit against the same defendants in connection with the accident. Their lawsuit alleges Wayne Strecker was severely injured and sustained numerous broken bones in the same accident that killed Bertrand. According to Strecker, a tire exploded off of its axle after internal parts on the Linde Reach stacker failed.

The Streckers have accused the defendants of failing to properly design the stacker, failure to warn, negligence, and strict products liability. The couple has asked the court to compensate them for loss of earning capacity, benefits, wages, consortium, and love and affection. They are also seeking damages for disability, medical expenses, and interest.

Many deaths each year are the result of tragic and unnecessary events such as workplace accidents. Losing someone you love is always devastating, but it can be especially shocking when the death was the result of an avoidable accident. When a death or serious injury occurs at a place of employment, an at-fault third-party may be sued for damages beyond those available under state workers' compensation laws. In many cases of wrongful death, certain family members may have a claim for damages against the party who caused the fatal injuries. An experienced personal injury lawyer can answer your questions and help you file your claim.

Continue reading "Two Lawsuits Filed Over Industrial Accident at New Orleans Port Terminal " »

A Deepwater Horizon oil spill clean-up worker has filed a lawsuit against his employer in New Orleans federal court alleging he experienced respiratory failure and developed bipolar pneumonia as a result of his exposure to the oil. On December 29, 2011, Luke Boudreaux filed suit against Craig Creppel and DRC Group over an incident which allegedly occurred in September 2010 while he was employed aboard the Captain Matt. Boudreaux alleges he was exposed to toxic chemicals which caused his injuries while the ship was engaged in Deepwater Horizon oil spill remediation efforts in the Gulf of Mexico.

Boudreaux claims his employer was negligent for failing to provide a safe working environment, failing to properly maintain the Captain Matt, failing to have a plan in place to complete remediation tasks in a safe manner, and failing to provide enough crew members and the proper tools to complete the task. He has asked the court to compensate him for maintenance and cure, loss of wages and earning capacity, loss of enjoyment of life, medical expenses, disability, post-traumatic stress, emotional distress, court costs, and attorney's fees.

Under the Louisiana Workers' Compensation Act, an employee will receive compensation for injuries sustained while on the job regardless of fault. Unfortunately, employees who sustain injuries while employed on an offshore vessel have little recourse through state workers' compensation laws. Instead, they benefit from the provisions of the Jones Act. Congress passed the Jones Act in 1920 in an effort to protect employees injured while working at sea or on a floating vessel. The Act allows an injured marine employee to directly sue his or her employer but also requires the employee to prove the employer was negligent in causing the injury. An employee may seek maintenance and cure and financial recovery for personal injuries under the Act. Non-pecuniary awards, however, are prohibited.

For Jones Act protections to apply, an offshore vessel must be capable of moving and an injured employee must fit the Act's definition of a seaman. Traditionally, courts have classified a worker's status broadly to include most staff on a ship or other vessel. A marine employee's status as well as the amount of compensation an injured seaman may receive under the Jones Act is generally quite complicated. An experienced Jones Act attorney can help you determine your status, protect your rights, and determine how to seek fair compensation for your injuries.

Continue reading "Deepwater Horizon Oil Spill Worker Sues Employer for Alleged Exposure to Toxic Chemicals" »

On December 30, 2011, the spouse of a manufacturing worker killed after a steel ladle unexpectedly erupted and discharged melted steel on him filed suit in New Orleans federal court against his employer and the manufacturer of the steel ladle. Samuel N. Moyer received third degree burns when the ladle purportedly malfunctioned on February 1, 2011 while he was working as a furnace second helper at ArcelorMittal Laplace steel manufacturing mill. He died as a result of his injuries two days later.

Moyer's wife filed a wrongful death lawsuit against Signal Metal Industries Inc., Danieli Corp., North American Refractories Co., Siemens Vai Services, and Black Diamond Capital Management seeking compensation for conscious physical suffering and pain, mental suffering and pain, medical and funeral expenses, court costs, and other damages such as loss of support and grief. She has alleged the steel ladle itself as well as a transfer car, nest block assembly, and stir plugs were unduly hazardous in design, composition, and manufacture. She also claims the defendants failed to warn Moyer of the hazards associated with the equipment and alleges the equipment failed to conform to the manufacturer's express warranty.

Each year, literally thousands of deaths result from tragic events such as motor vehicle and workplace accidents. The death of someone close to you is always overwhelming, but it can be particularly devastating when the death resulted from a preventable accident. When a wrongful death occurs at a workplace, a death beneficiary may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws.

In most instances of wrongful death, certain family members, referred to as death beneficiaries, will have a claim for damages against the at-fault party. A death beneficiary is generally the spouse of the person who died, but may also be the individual's child, a parent, or even a sibling or grandparent under certain circumstances. In Louisiana, the death beneficiary of an accident victim may bring both a wrongful death claim and a survival claim. A beneficiary may bring a wrongful death claim against the at-fault party for their own loss of financial support and a loss of love and affection which resulted from the death. Additionally, a beneficiary may bring a survival action claim to recover for the decedent's conscious suffering and pain, lost wages, and any medical expenses which may have occurred prior to the wrongful death.

Continue reading "Wrongful Death Case Filed in New Orleans After Man Burned With Molten Steel" »

Less than one week after a 40 car pileup killed two people and sent dozens more to the hospital, another multi-car accident closed the same portion of Interstate 10 in eastern New Orleans. The three car accident occurred at approximately 8 am Wednesday morning and injured one person. Following the crash, New Orleans police closed all lanes of I-10 for about an hour during the busiest part of the early morning commute due to smoke from a smoldering marsh fire which apparently caused poor visibility for drivers.

Although the previous 40 car pileup was blamed on dense fog, Wednesday's accident was not the first time this stretch of road has seen heavy smoke. New Orleans officials stated they believe the current fire is in the same location as one that created heavy smog which lasted for several days in August. Because the city believes any attempts to extinguish the fire on the wooded former wetlands will only create more smoke, the fire will merely be monitored from both the ground and the air for the time being. According to officials, the fire has the potential to smolder indefinitely.

The City of New Orleans has taken heavy criticism because nearby street lights installed in the center of I-10 were not operational at the time of either accident. Although the city claims it repaired the lights as recently as last July, a local tow-truck driver stated the area has been in the dark since last summer. He and others believe the darkness contributed to both of the recent multi-vehicle crashes.

In October, all efforts to repair broken street lights in New Orleans were temporarily suspended over purported funding issues. According to a representative from the Mayor's office, street light repairs in the area of the accident are now completed. The Louisiana Department of Transportation and Development has also recently installed smoke and fog driver warning signs.

A large majority of personal injury lawsuits filed each year are the result of motor vehicle collisions. Common causes for car accidents include hazardous road conditions, inattentive or impaired drivers, and vehicle defects. The injuries which result from an auto accident can be minor, exceedingly debilitating, or worse. Individuals injured in a motor vehicle collision may be entitled to receive compensation for pain and suffering, loss of enjoyment of life, disability, loss of income, medical bills, and wrongful death. Recovering from an auto accident you didn't cause can be an extremely stressful time. An experienced and knowledgeable personal injury lawyer can help you file your case.

Continue reading "Another Multi-Car Accident in New Orleans Closes Interstate in Same Location Less Than One Week After 40 Car Pileup " »

Last week, a railroad worker filed suit in New Orleans federal court against his employer, CSX Transportation, Inc. James A. Farr filed the lawsuit after learning he developed lung cancer which he believes resulted from his alleged exposure to toxic chemicals during the course of his employment. Farr was purportedly exposed to the chemicals while working as a switchman and engineer on the property of his employer's predecessor, L&N Railroad.

In his lawsuit, Farr alleges he developed lung cancer as well as other chronic diseases as a direct result of his exposure to carcinogenic chemicals on the job. He also claims he was not provided with safety equipment or warned against possible exposure hazards. Additionally, he states his employer failed to notify him regarding exactly which purportedly hazardous substances he was working around.

Farr has accused CSX Transportation, Inc. of negligence under the Federal Employers Liability Act. He claims his employer failed to warn him of exposure hazards, inspect its facilities for hazardous chemicals, provide proper ventilation, maintain a safe working environment, enforce safety measures, and monitor his health after exposure. He has asked the court to compensate him for both physical and mental pain and suffering, medical expenses, disability, and other damages.

Workplace injuries can be complicated and the proper avenues for recovery are often difficult to navigate. Louisiana residents may be injured while working on land, adjacent to navigable waters, or on the open seas. Where an injury takes place will have an effect upon an employee's right to recovery. If an injury takes place on land, the Louisiana Workers' Compensation Act will likely apply. If instead an injury occurs on or adjacent to navigable waters, the Longshore and Harbor Workers' Compensation Act may factor in. Employees injured while on the high seas might have a right to recovery under the Jones Act. To further complicate matters, railroad employees may seek recovery under the Federal Employers Liability Act.

In Louisiana, compensation for injuries sustained on the job are paid to an injured employee regardless of fault under the Louisiana Workers' Compensation Act and the Longshore and Harbor Workers' Compensation Act. Meanwhile, both the Jones Act and the Federal Employers Liability Act require an employee to prove his or her employer was negligent in causing the injury. An experienced workers' compensation attorney can assist you in determining which act applies to your case and how to go about seeking compensation for your work-related injuries.

Continue reading "Railroad Worker Sues Employer in New Orleans Federal Court for Hazardous Chemical Exposure" »

Last Thursday morning, more than 40 cars were involved in a fatal accident on westbound Interstate 10 in eastern New Orleans. The accident occurred around 4:30 am and was purportedly the result of heavy fog in the area. Two people were killed and approximately two dozen more went to the hospital to be treated for their injuries. Thirty-seven others hurt in the accident refused immediate medical care. A New Orleans firefighter was also treated for facial cuts received while attempting to free an individual from a vehicle. Accident victims were taken to several area hospitals including Tulane, LSU Interim, Slidell Memorial, and Ochsner Baptist.

The horrific accident closed the entire interstate for nearly 11 hours and westbound lanes for about 12 hours. According to reports, the accident left some vehicles split in half and vans wedged beneath the trailers of eighteen wheelers. Traffic was backed up for miles during the busy morning commute. Witnesses say visibility on the road was reduced to less than 10 feet which likely contributed to the severity of the pileup. One witness stated it seemed as if the vehicle in front of her simply dropped off the face of the Earth.

Millions of Americans spend countless hours each week in their vehicle. Unfortunately, automobile accidents are an unpleasant fact of life. Luckily, few are as horrifying as this one. Still, motor vehicle accidents account for the majority of personal injury claims filed each year. In fact, approximately five million car accidents occur annually in the United States. Motor vehicle accidents can be caused by a variety of factors including a drunk or impaired driver, speeding, reckless or distracted driving, and even weather conditions.

The motor vehicles involved in an auto accident may range from small cars to large semi-trucks with trailers. The size of the vehicles involved in a crash will generally impact the severity of a victim's injuries. Accidents involving larger vehicles or those traveling at a high rate of speed will often result in more life threatening injuries.

If you or someone close to you was involved in a serious automobile accident, a skilled personal injury attorney may be able to help you recover monetary damages to compensate you for your injuries.

Continue reading "40 Car Pileup in New Orleans Closes I-10 for 12 Hours" »

A New Orleans long-term care facility is being sued in Orleans Parish Civil District Court for negligence related to the suffocation death of a resident. Mary E. Jacob was found dead outside of Dear's Serenity House in New Orleans on New Year's Day 2011. Jacob, who was purportedly totally disabled as a result of a congenital brain disorder, died of asphyxiation from a plastic bag found lodged in her mouth. The lawsuit alleges the care facility was aware Jacob required round the clock supervision and care but instead its employees neglected her.

In the complaint, Jacob's legal representative accused Dear's Serenity House of failing to maintain proper housekeeping, failing to properly supervise Jacob, and failing to provide her with sufficient emergency care and adequately render first aid. The lawsuit seeks damages for Jacob's conscious pain and suffering, wrongful death, and lawyer's fees. Although the case was filed by Jacob's legal representative, any recovery would go to her son.

Nursing home, hospital, or assisted living facility abuse occurs when the elderly or disabled are injured or die as a result of negligence or other mistreatment in a care facility. Most care facility liability cases are the product of negligence, but they may also be the result of physical or sexual abuse, a failure to provide adequate food or medical care, the administration of incorrect medication, and emotional distress. Often, care facility abuse results from unqualified or improperly trained staff.

Signs of nursing home or long-term care facility abuse may be difficult to detect. Depression, loss of appetite, bruises, broken bones, accidents, bed sores, and missing personal items may all be signs of abuse. An abused resident may also complain of mistreatment to loved ones. In order to safeguard the rights of the elderly and disabled, it is essential to take such complaints seriously.

If you believe a loved one or other person close to you may be the victim of abuse at the hands of a facility tasked with their care, it is important to report your suspicions. An experienced Louisiana personal injury attorney may also be able to help you defend their rights.

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