Lawson Legal Service, LLC

Compensation for job loss following a motor vehicle collision

2021-10-11T20:30:06Z

A motor vehicle collision can turn a person's world upside down. Severe crashes present serious challenges, especially when bodily injury factors in.

What happens when you lose a job due to a motor vehicle collision?

Unlike minor accidents, which can usually be handled quickly through direct communication with insurance companies, major motor vehicle collisions can cause serious property damage or injury. If injuries are extensive and require days, weeks or even months in the hospital, you may lose wages for time off work or even lose your job completely.

Special and general damages

When another driver was at fault for the motor vehicle collision that led to your job loss, you can often claim special damages. Special damages can include loss of benefits, income, wages, business opportunities and profits. Often, this will include the total amount of money you had the potential to make if you had not been involved in a collision. This amount will include the time period from the date of your injury until your doctor deems your condition stable for work. General damages can be awarded to compensate you for the negative effects an injury had on your personal life. This amount is determined by examining how your personal life has changed following a collision. General damages can include physical pain, mental anguish, loss of enjoyment of life and permanent disability.

Limits on damages

It is important to keep in mind that an injured person does have the responsibility to limit or "mitigate" their damages. For example, you must return to work after your doctor has cleared you to do so. Should the court determine that you were able to work but didn't, your awarded damages might be reduced.

Getting a damaged car repaired after an accident

2021-10-22T21:40:59Z

Modern cars are designed to crumple in a collision to absorb the forces that could otherwise cause serious injuries, which means people could walk away from crashes that severely damage or even total their vehicles. In these situations, the company that insures the car driven by the person most at fault will pay for the other driver’s vehicle to be repaired or replaced. This is why it is always a good idea to exchange insurance information following a crash, even if nobody was hurt, and the damage seems minor.

The repair estimate

If your car is damaged in a motor vehicle collision that was not your fault, the first thing you should do is notify the at-fault driver’s insurance company. Crashes tend to cause auto insurance premiums to go up, so the at-fault driver may be in no hurry to take care of this responsibility. Once the insurance company determines that its policyholder was at fault, it will send out an adjuster to assess the damage. The assessor will check the book value of your vehicle beforehand to make sure that the insurance company does not pay more to repair your vehicle than it is worth.

Keeping a totaled car

If the insurance adjuster declares your car a total loss, the insurance company will send you an amount determined by its book value to buy a replacement vehicle. If you choose to use the money to repair your totaled car, the insurance company could deduct its salvage value from the amount it sends you. However, you should think carefully before repairing a totaled vehicle as you will have to obtain a reconstructed title before you can drive it on a public road. This will make the car very difficult to sell.

Negotiating with insurance companies

Insurance companies employ skilled negotiators who are trained to keep payouts as low as possible, which means it may be wise for you to contact an experienced personal injury attorney if you were hurt in a collision to protect your rights and negotiate on your behalf with the at-fault driver's insurance company.

Dangerous roads in Louisiana

2021-10-06T13:14:01Z

More than 2,000 deadly traffic crashes claimed 2,269 lives in Louisiana between 2015 and 2017, and alcohol played a role in a worryingly large number of them. When the nonprofit group Safer America studied accident statistics to identify the Pelican State’s most dangerous roads, the researchers expected to find that road deaths most often occur on major arteries like Interstate 10 and U.S. Route 190. What surprised them was the high number of fatal crashes that involved an intoxicated driver. Drunk driving fatalities account for 28.1% of the road deaths in Louisiana, but that figure rises to as much as 47.6% on some of the state's most dangerous roads.

Interstate 10

Interstate 10 is the busiest stretch of road in Louisiana and is the primary highway connecting New Orleans, Baton Rouge, Lafayette, and Lake Charles. It also links Louisiana to Texas and Mississippi, which means it is used by both semi-tractor trailers and tourists crossing the southern United States. The 212 fatal motor vehicle collisions that occurred on Interstate 10 between 2015 and 2017 make the 275-mile ribbon of asphalt the state’s most dangerous stretch of road. That is more than two and a half times higher than the 48 deadly crashes that took place on U.S. Route 190, which was the second most deadly road on the list.

Alarming rates of drunk driving

Drunk driving fatalities in Louisiana fell by more than 28% between 2009 and 2018, but the data suggest that intoxication remains a thorny road safety problem in more rural parts of the state. On U.S. Route 90, which runs north of Interstate 10 and avoids most of the large population centers, drunk driving fatalities accounted for 42% of all road deaths between 2015 and 2017. On Louisiana State Road 10, that figure was almost 48%.

Suing drunk drivers

Intoxicated drivers who cause fatal crashes are often killed themselves or sent to prison for years, but this does not mean their victims are unable to seek compensation. While deceased or incarcerated people are not able to make restitution, their estates or insurance companies could be sued. If they decide to pursue such a lawsuit, victims of these crashes could use police and toxicology reports to establish impairment and negligence.

3 essential tips for safer driving

2021-09-16T11:24:04Z

No one wants to be involved in a serious motor vehicle collision. However, most people don’t do much to prevent them from occurring. The activities people engage in while driving can cause distractions that create a significant increase in the risk to all the other drivers. There has been extensive research done on the most prevalent dangers for drivers, and these are the top three.

Avoid using your smart phone while driving

Although this might seem obvious, it is incredible how many people make calls, send text messages and even watch videos while they are driving. This is the most dangerous of all three on the list, making a serious motor vehicle collision 4.7 times more likely to occur. This is a tremendous increase in danger, so think twice before you grab that cell phone on the road.

Hands-free devices are not much safer

Many of us tell ourselves that the primary danger of smart phones is that they are occupying our hands and our eyes. The reasoning follows that hands-free or Bluetooth devices are much safer than smart phones that require hands-on control. However, this reasoning is false. The research indicates that hands-free devices increase the risk of an accident by 4.6 times. That is only a slight difference from the dangers caused by hand-held smart phones. The attention and loss of focus involved with hands-free devices make them extremely dangerous on the road.

Eating while driving is also extremely dangerous

Most of us will run through a drive-thru if we’re in a hurry to get someplace. But it is important to know that dining while driving creates a 3.6 times higher likelihood of being involved in a motor vehicle collision. Please help do your part to keep our area as safe as possible from motor vehicle collisions and avoid engaging in these activities while driving. If you have been hurt by a distracted driver, Lawson Legal Service, LLC is here to help you.

Importance of proper pet restraints while driving

2021-06-02T16:14:29Z

Many Louisiana residents have pets that love to ride along with their owners when it is time to make a run somewhere. Whether it is going to the park for some exercise or just a bit of joyriding, many animals love an adventure in a vehicle. The problem is, when they see something that sparks their interest, they typically get right in the middle of the action or invoke the action themselves. This is especially true of dogs with a curious nature. But, what happens when the owner behind the wheel is involved in a motor vehicle crash? The truth is that having an unrestrained animal in the vehicle can sometimes complicate an injury claim.

Distracted driving scenarios in Louisiana

One of the primary elements of motor vehicle crash evaluation is the amount of distraction occurring in each vehicle at the time of the collision. Distracted driving involves many more factors than just cell phone usage or listening to loud music. Animals roaming around in a vehicle can also be a distraction for the driver as well.

Absence of a restraining law

Although Louisiana is not a state that requires that animals be restrained while riding, the fact they are in the vehicle can impact the final determination of fault if a case goes to court.

Comparative fault in Louisiana

Louisiana is one of the states that uses pure comparative fault when determining the amount an injured person should be awarded. This means that the total amount of damages will be reduced by the percentage the injured person is found to be at fault for causing the crash. Having an unrestrained animal in a vehicle involved in a motor vehicle crash can increase this percentage significantly.

Is numbness a bad sign after a car accident?

2021-06-01T19:44:09Z

Driving in Louisiana comes with risks and avoiding a crash isn’t always possible. Minor collisions may result in little more than damage to your vehicle. Other crashes could lead to horrible injuries. Sometimes, a driver or passenger could suffer what appears to be a minor injury. Unfortunately, such self-assessments might be woefully inaccurate. A person may ignore numbness after a crash, not realizing how severe the problem is. Don’t ignore any signs of harm In a collision’s aftermath, crash victims could suffer pounding headaches and debilitating pain. Such signs might motivate the victim to seek medical attention right away. With minor aches or numbness, a person could choose to wait a few days to see if things get better. Sadly, things may get far worse. Tingling in the hands or feet could indicate a spinal cord injury. Numbness may indicate nerve damage, which could lead to a more severe condition. Ignoring the body’s warning signs may lead to regrettable outcomes. A person could suffer a broken neck and not realize it, setting the stage for the already terrible injury to worsen. Other signs of injuries Numbness and tingling aren’t the only “slight” feelings an injured person might experience. Pain in the abdomen could indicate anything from a muscle tear to internal bleeding. Without a thorough examination, the victim might never know how bad things are. Mood swings, memory loss, back pain, and other issues could arise. In some situations, failing to seek treatment after strange symptoms occur could lead to a life-threatening condition. An auto insurance policy may be available to compensate the victim of a crash for medical care, pain and suffering, and lost wages. Filing a claim may be required to start the process of recovery. A personal injury attorney can assist with the claims process and initiate legal action against responsible parties if necessary.

What you need to do after a car crash

2021-05-17T15:46:13Z

It’s impossible to predict when a motor vehicle crash might occur. However, it’s never too early to familiarize yourself with the protocols that you’ll need to follow in the immediate aftermath of a wreck. Louisiana state law requires that you stop and render aid at the scene of the crash. This generally means calling the police in a timely manner.

Get to a safe place

If possible, pull your car to the side of the road or into a parking lot, as doing so may prevent a secondary collision from occurring. Once you get to a safe space, check for any injuries, check your passengers for any injuries and call the police for assistance. If you see evidence of a gas, brake or other type of fluid leak, get out of your car immediately as these liquids are extremely flammable.

Take as many pictures as possible

Your insurance company will want to know the make, model and license plate number of the other vehicle involved in the crash as well as the name and insurance information of the other driver. This may be easier to recall by taking pictures of the other driver’s vehicle and insurance card. Finally, be sure to take pictures of the damage to your car and the scene of the crash.

A personal injury attorney may be able to provide more advice on how to protect any data obtained during your investigation.

If you have been involved in a car crash, it’s generally a good idea to contact an attorney to discuss your options and help you recover what you may be owed for any medical bills, lost wages or lost future earnings.

Are drivers dependent on technology?

2021-06-01T19:47:17Z

Over the years, technology has overtaken our lives. From how our homes function to how we drive our cars, technology has certainly become a helpful tool, but it has also made us dependent on it. For many, that dependency means they are unable to remove themselves from touching the radio, their phone, or other devices when driving. However, because the dangers of tech are so difficult to measure, tests have been conducted where researchers are virtually inside the car to see how drivers are losing focus.

Driver-assisting tech

The use of mobile devices is a clear and present danger for drivers, often leading to a crash occurring. However, there is another thing within a vehicle that may cause as much damage. Driver-assisting technology was never really trusted until just a few years ago. Improvements in technology have allowed people to become so confident with these features that they often allow the tech to dictate how they drive. One example includes automatic emergency braking systems, which can fail drivers if they are covered by too much dirt or water.

Adaptive cruise control

Although smart features such as parking assistance should not be relied on 100% of the time, much of the damage from resulting crashes are minor, with fender benders often being the result. However, there is one feature that is both convenient and dangerous. Adaptive cruise control is often used when driving on the highway or for long periods of time. It allows the vehicle to maintain a set speed so the driver does not have to continue to brake and accelerate. The issue here is that drivers begin to become dependent on this tech, thus removing their attention off the road and onto other devices. This could result in a crash that injures occupants of other vehicles, and if you were a victim of one, you might find it advisable to discuss your situation with an experienced attorney.

Distracted driving is still a danger in Louisiana, especially among teen drivers

2021-10-11T03:53:51Z

Have you recently spotted a driver using their cellphone, eating or otherwise taking their attention off the road? If it happened in Louisiana, chances are pretty good the driver was a teenager. According to the Louisiana Highway Safety Commission, one in four teens surveyed admitted texting or talking on the phone while driving at least once in the previous 30 days. Since the teens self-reported this behavior, it is easy to assume that the actual rate of distracted driving among Louisiana's teen drivers is even higher.

Louisiana's laws on distracted driving

The state's anti-distracted driving law bans texting and driving. Other cellphone use is allowed, except among drivers under 16 and in school zones. But just because talking and using apps on smartphones is legal in Louisiana does not mean it is safe. Studies have repeatedly proven that drivers who are distracted by their phones are much more likely to cause a serious car wreck than a motorist focused on safe driving. This is an especially big problem for younger drivers, who lack experience behind the wheel, and should be developing better driving habits.

Distracted drivers often terrible injuries

Unfortunately, too often, the price of a distracted teenage driver is paid by an innocent person. Their victim could be in another vehicle, crossing the street, or riding their bike. Whatever they were doing before the crash, they could be badly injured. Some car crashes are unavoidable, but when a distracted driver injures people, they are financially responsible for those people's injuries under Louisiana law. If you were hurt in an auto crash and suspect the other driver was distracted, proving it can be complicated. An experienced personal injury attorney would know the signs of a possible distracted driving wreck and how to build a strong case to present the insurance company or, if necessary, a jury.