Workplace Accidents

According to the U.S. Bureau of Labor Statistics, in 2018 there were 2.8 million nonfatal workplace injuries and illnesses reported by private employers, and 5,250 American workers lost their lives due to workplace injury or illness.

The most common workplace injuries in the U.S. include:

• Motor vehicle accident injuries
• Slip and fall accidents
• Falls from heights
• Electrocution
• Lifting and overexertion injuries
• Injuries from being hit by a falling object
• Injuries from inhaling toxic fumes
• Loss of hearing

If you or someone you love has been injured on the job, you owe it to your family to speak with a trusted attorney skilled in Louisiana workplace injury law. It’s important to understand your rights and options under Louisiana workers’ compensation and other laws before you sign any documents that might limit your ability to receive fair compensation for your injuries.

Accidents at Louisiana oil and gas refineries

The energy industry employs more than 45,000 workers, from refineries in the energy corridor between Baton Rouge and New Orleans and off-shore rigs and tankers in the Gulf of Mexico to every corner of our state.

Energy sector workers deliver the power to run Louisiana and the nation. But it doesn’t come easily and the work required can be dangerous. That’s especially true in Louisiana’s oil and gas refineries. In them, typical industrial hazards like heavy equipment, falling objects, noise, and confined spaces come together with extreme pressure and heat, explosive and highly flammable chemicals, and toxic fumes to create a particularly threatening mix to worker safety. We were reminded of these dangers in March 2020 when a fire at Exxon’s second largest refinery in the U.S. located in Baton Rouge burned for more than seven hours, halting production there for the foreseeable future (luckily, no workers were injured). The incident followed recent major fires at two Exxon refineries in Texas that together injured dozens of workers.

If you are a Louisiana refinery worker who has been injured on the job, you owe it to yourself and your family to talk to a skilled attorney with experience in Louisiana workers compensation and negligence law. At Charbonnet Law Firm, our trusted legal team can help you navigate a fair settlement for your injuries so you can focus on recovering.

Workplace Injuries and Maritime Law in Louisiana

The nature of ships and boats create unique dangers for workers. Slip and fall injuries are common because decks and stairs are often wet and uneven. There is of course the risk of going overboard or falling especially as a ship makes contact with a dock, another vessel, or other object. Exposure to toxic chemicals from cargo to cleaning supplies, and the risk of being hit or pinned by moving or falling objects, from cranes to tools, are additional risks. Fire, electrical shock, and being trapped in enclosed spaces are additional dangers aboard a ship or boat. The U.S. Bureau of Labor Statistics reported that in 2018 fishers and related fishing workers had an on-the-job fatality rate that was 20 times that of the average worker, making it the second most deadly industry in the U.S.

While a level of risk is to be expected, often workers are injured because someone else failed to carry out their duties, for example, ignoring safety protocols, not maintaining the vessel, or not training or improperly supervising employees.

If you’ve been injured at work, a complex mix of state and federal laws (including the Jones Act and the Longshore and Harbor Workers Compensation Act) may apply to your case, each with its own courts, deadlines, rules and procedures. Liability may fall on a ship’s owner, captain, crew or other party. Winning fair compensation for your injuries often requires enlisting the help of a skilled attorney with experience in Louisiana workers compensation and negligence cases, and maritime law.

Construction Accidents in New Orleans

Last year’s Hard Rock Hotel building collapse in downtown New Orleans, a disaster that killed three workers and injured dozens, is a stark reminder of what can go wrong at an unsafe construction worksite.

Construction can be dangerous work that often involves heavy, powerful equipment and tools, dangerous heights, and electrical and fire hazards; not to mention pressure to work quickly under tight construction schedules. According to the Occupational Safety and Health Administration, in 2018, more than 21 percent of all worker deaths in the private sector were in construction, placing it among the most dangerous industries in the U.S.

The leading cause of death in the construction industry (excluding highway collisions) are what OSHA calls construction’s “Fatal Four.” These “Fatal Four” were responsible for nearly 60 percent of the 1,008 construction worker deaths in 2018: falls (338 deaths); struck by object (112 deaths); electrocutions (86 deaths); and caught-in/between accidents (55 deaths). “Caught-in/between” accidents refers to workers killed when caught-in or compressed by equipment, objects, collapsing structure, or materials.

If you’re a worker who has been injured on a construction site, your employer may have failed in their responsibility to ensure a safe workplace. You owe it to yourself to speak with an attorney before you sign any settlement.

Other Workplace Injuries in Louisiana

Louisiana’s roadways, warehouses, retail outlets, and restaurants are also common sites of on-the-job injuries. If you have been injured on the job, contact the trusted legal team at The Charbonnet Law Firm today.

Workers’ Compensation in Louisiana

Workers’ Compensation in Louisiana can provide compensation if you’re injured on the job. It’s meant to keep you afloat and get your back to work as quickly as possible, but it limits both the amount and type of the compensation you can receive.

The categories of compensation covered by Louisiana Workers’ Compensation are:

• Temporary Disability Benefits
• Supplemental Earnings Benefits
• Permanent Total Disability Benefits
• Permanent Partial Disability Benefits
• One-Time Award for Catastrophic Injuries
• Medical Benefits
• Mileage Reimbursement for Doctor’s Visits
• Vocational Rehabilitation
• Death Benefits
• Funeral expenses

Neither temporary nor permanent disability benefits cover your entire lost salary, and their categories of injuries and percent of benefits can be complex. There also may be means of recovering compensation for pain and suffering and other losses outside of the workers’ compensation system. That’s why it’s so important if you’ve been injured on the job to talk with a trusted attorney who can help you navigate the process of receiving the best possible compensation for your injuries.

Contact The Charbonnet Law Firm Today

If you’ve been injured on the job in Louisiana, we can help. Let our dedicated legal team give you a clear picture of your claim and what to expect. Our team will work with you at every step to win the compensation you deserve. At The Charbonnet Law Firm, our clients have the peace of mind of knowing their legal interests are being protected so that they can focus on healing and getting back to their lives. Call us today.

Rental Car Accidents

There are around two million rental cars in the United States. Automobile rentals are a $36-billion-a-year industry, driven by tourism and work travel. And tourism is big business for Louisiana. More than 51 million people visited the state in 2018, and even as tourism has slowed in the state during the COVID-19 pandemic, tourism within the state is up dramatically as are RV rentals.

All those rental cars, vans, SUVs, trucks and RVs on our roadways can be dangerous. A driver of a rental vehicle may be unfamiliar with the area where they are driving. The vehicle they have rented may be much bigger than what they are accustomed to, or the driver may be uncomfortable with the handling, controls or safety features of the vehicle, making safely operating it more challenging.

When an auto accident occurs involving a driver of a rental car, it can be difficult to sort out the various insurance companies involved and what party is responsible for covering damages. Under Louisiana law, answers to these questions are not always straightforward. If you have been injured and are dealing with recovering your health while managing hospital bills, doctor visits, and calls from insurance companies, along with all your regular responsibilities, the process can feel overwhelming.

You owe it to yourself to speak with a Louisiana attorney experienced in rental car injury cases. Having strong legal counsel can ensure that you receive the fair, timely compensation you deserve.

Don’t rely on the insurance or rental car companies to look out for your best interest. They have an army of adjusters and lawyers who will fight to protect their bottom line. Call the Charbonnet Law Firm today and let our skilled legal team stand with you and help you at every step of the process.

Liability in Rental Car Accidents in Louisiana

First, it is important to understand the various Louisiana laws governing rental vehicles, liability and insurance. Liability in rental car accidents is treated similarly to liability in other vehicle accidents, under Louisiana law. If you are injured in a crash involving someone driving a rental car and that person is found to be at fault, then he or she will be liable for the resulting damages. Damages can include medical costs associated with physical injuries, lost wages, vehicle repair or replacement, emotional suffering (from PTSD, for example) and more. As with other car accidents, this liability is usually absorbed by insurance coverage, up to the limits of that policy.

Under Louisiana law, negligence is determined when:

1. A person or party had a duty of “reasonable care” to the victim (not driving in the wrong direction on a highway, for example).
2. That person or party failed in that duty (drove in the wrong direction).
3. That failure resulted in the victim’s injury (an accident happens and the victim suffers injuries).
4. The victim suffered damages as a result of the injury (hospital bills, lost wages, etc.).

Rental Car Company Insurance 

If the rental car driver at fault in the accident does not have personal car insurance, then the rental car company likely sold the driver coverage as part of the rental agreement. This is often a low level of coverage, as rental car companies are only required to “satisfy the minimum financial responsibility requirements of the Motor Vehicle Safety Responsibility Law” under Louisiana civil law. So your ability to recover damages under this particular policy may be limited. It is very important to get the details of the rental agreement and any insurance purchased from the rental car company as soon as possible if you’ve been injured in a rental car accident. An experienced attorney can help you understand your rights, how liability is assigned in rental car accidents and options for pursuing damages.

Credit Card Company Rental Car Insurance

If the driver of a rental vehicle used a major credit card to book the rental, he or she may automatically have car rental insurance through the credit card company. Depending on the terms of the credit card agreement, the credit card company may pay for damage that occurs to the rental vehicle during the course of the rental. However, the credit card company almost never provides liability coverage, which would cover damages to victims of an accident.

Special Circumstances

In some cases, liability can be more complicated and fall on more than one party and/or their insurance company. If a car accident is caused by a mechanical error due to improper maintenance of a vehicle, the rental fleet owner, rental car corporation, or a company contracted to maintain the fleet could be liable for damages. If a rental car company employee rented a vehicle to a visibly intoxicated person and that person caused an accident, the rental car company may share liability for that accident. Under Louisiana law, the rental car company and/or its franchisee or maintenance contractors have a duty of “reasonable care” to protect renters and the public from injury caused by their vehicles.

Contact The Charbonnet Law Firm Today

Accidents involving a rental vehicle are often complicated. If you’ve been injured, we can help. Contact the skilled, dedicated legal team of the Charbonnet Law Firm today. For the last five decades, our skilled attorneys have helped clients in New Orleans and the surrounding parishes win the best possible settlement and the compensation they deserve.

Let us help you determine what insurance coverage is available, and give you an honest assessment of your case, if negligence played a role in the crash, and how Louisiana civil law governing personal injury and liability may affect your case. Our team will work tirelessly to build the best possible case for you. Call the Charbonnet Law Firm today for a free consultation. You can focus on healing and we will take care of the rest.

 

Tourist Accidents

Tourism plays a huge role in Louisiana’s economy. In 2018, 51.3 million people visited the state, setting a new record. Tourists spent nearly $19 billion and brought in nearly $2 billion in state and local tax revenue.

In New Orleans alone, more than a million visitors flood the city’s streets for our parades and celebrations during Mardi Gras each year. People from all over the world visit destinations across Louisiana to take in the sights, sounds, and flavors of the Bayou State. Whether you are visiting for Jazz Fest, Mardi Gras, to enjoy world-class dining or fishing, or to tour the bayou or an antebellum plantation, Louisiana offers unforgettable experiences.

Safety tips while visiting Louisiana

Disaster can strike anywhere, from a slip and fall in a hotel lobby to a neck injury from a boat grounding or a fender-bender in an Uber. While some accidents are unavoidable, taking precautions can lower your risks while enjoying your Louisiana vacation.

Personal Safety

Louisiana has made strides, especially in New Orleans. Still it consistently ranks among states with the highest rates of violent crime. This crime tends to be localized, and most tourists never encounter a problem. Still, it’s important to exercise caution when travelling in the state:

1. Avoid walking alone or in small groups late at night.
2. Don’t consume alcohol in excess or take any illegal drugs during your visit.
3. Be aware of your surroundings, take extra care and note anything that doesn’t seem right.
4. Trust your gut. If somewhere does not seem safe, get out of there.
5. Leave expensive jewelry and large amounts of cash at home, or in a hotel safe if you must bring them.

Tips for staying safe on Louisiana’s roadways

Rental Cars or RV Rentals

If you are driving a rental vehicle:

1. Double check that you are clear on the rental company’s insurance policy and who to call if you have an accident.
2. Be sure you have your personal auto insurance information with you, either in your cell phone or a paper copy of your insurance card.
3. Take time to get to know the rental vehicle and be sure that you are comfortable with it before you leave the lot:

• Adjust your mirrors.
• Learn how to use a vehicle’s safety features and controls (windshield wipers, turn signals, high beam and daylight running lights, etc).
• Get a feel for the vehicle’s blind spots and turning radius–both will invariably be different than the personal vehicle to which you are accustomed. This is especially important if you are renting an RV.

4. Know where you are going before you set out, so that you’re not putting an address into your cell phone at a stop light.
5. Once you are on the road, follow all Louisiana traffic laws, always buckle up, and drive defensively. Exercising caution is especially important on unfamiliar roads.
6. Never text or otherwise use a handheld device while driving.

 

Bicycle and Pedestrian Safety

1. Understand and observe the rules of the road when it comes to pedestrians and bicycles. For example, bicyclists are not required to wear a helmet if they are over 16 years of age but must have a functional front and rear light for riding at night.
2. Know where you are going before you set out. This can ensure you will have a manageable route to your destination, not all roadways in the state are safe for travel on foot or by bike. If in doubt, call a cab or use a rideshare app.
3. Avoid alcohol in excess or use of illegal drugs that can impair your judgment and reaction time.

Boat safety tips for Louisiana visitors

With more than 7,000 miles of coastline and its unique and beautiful waterways and aquatic habitats, Louisiana is a boater’s dream come true. Whether you are chartering a vessel for the amazing saltwater fishing in Bayou Dularge or taking a kayak swamp tour, it’s important to keep you and your family’s safety in mind.

1. Understand and follow all Louisiana boating regulations. For example, Louisiana law requires a Coast Guard-approved Personal Flotation Device be worn at all times by:

• All children age 16 and younger
• Everyone on board a motorboat less than 16 feet propelled by an outboard motor
• Anyone in a pirogue, canoe, or kayak
• Anyone riding on a personal watercraft or being towed on waterskis, tubes, wakeboards, etc.

2. Never drink to excess or use illegal drugs when on board. Boat operators found to be driving while intoxicated face the same penalties as someone operating a vehicle on the highway while intoxicated. As a passenger, being impaired also greatly increases your risk of injury.
3. Trust your gut. If a vessel doesn’t feel safe, don’t get on board. If a vessel seems in disrepair, overloaded, without proper safety equipment or otherwise unsafe, better to be safe than sorry. Ask for a refund and report unsafe operators.

Tips for Staying Safe During Mardi Gras

Mardi Gras in New Orleans for the vast majority of participants is a raucous but safe affair. Still, tragedy has struck in years past. Follow these tips to keep yourself safe:

1. Travel with a group.
2. Discuss what to do and where to meet up in the event of an emergency or if someone gets separated from the group.
3. Designate at least one member of your group to remain sober and make sure everyone gets home safely.
4. Plan plenty of time to get to and from your destination, and dress for the weather and the amount of time you’ll be on your feet.
5. Use common sense in large crowds. Don’t wear expensive jewelry. Only bring what you need and keep it close.
6. Observe all posted pedestrian rules and police instructions. Never cross a barricade and exercise extra caution when crossing streets.
7. Be aware of your surroundings. If something feels unsafe, trust your gut. Watch out for folks who have had way too much to drink. Unfortunately, drunk drivers and parade-goers can put everyone at risk.

What to Do If You Are Injured in Louisiana

It can feel overwhelming when disaster strikes while we’re on vacation. An injury on vacation doesn’t just ruin plans, it leaves a confusing aftermath of hospital and doctor visits, bills, insurance forms and adjusters calls. Legal elements of negligence, liability, and responsibility–which are complex to begin with under Louisiana law–are especially complicated when it comes to tourism. Several third parties may share liability for your injuries and the damages you have suffered. The best thing you can do if you or a loved one has been injured is to speak with a skilled Louisiana personal injury attorney right away.

Contact the Charbonnet Law Firm Today

If disaster strikes you or a loved one while vacationing in New Orleans or anywhere in Louisiana, call the Charbonnet Law Firm’s skilled legal team today. We understand how difficult an injury can be while on vacation: you want to get home. You want answers. You want to know who is responsible, how you will be compensated for your injuries, and how long the process will take. Most of all, you want to feel better.

At the Charbonnet Law Firm, we are here to help. We can guide you through your case and the various Louisiana statutes that govern negligence, personal injury, premise liability and other civil case law that could affect your case. Our skilled attorneys have handled car, rideshare, motorcycle, and boat accident cases, as well as slip and fall and other personal injury and wrongful death cases. Call today for a free consultation. We will help you understand your case and how to pursue it, and help you win the best possible settlement for your damages — so you can focus on getting better and getting back to your life.

Pedestrian Accidents

Pedestrian accidents are an all too common occurrence in the Bayou State. On average, four pedestrians a day in Louisiana are struck by a motor vehicle. In 2018, Louisiana was ranked as the second most deadly state for pedestrians by the National Highway Safety Administration with a rate of 3.5 pedestrian deaths per 100,000 residents, nearly twice the national average. That year, 165 pedestrians were killed and another 1,470 were injured on Louisiana roadways, according to the Center for Analytics and Research in Transportation at Louisiana State University.

Rates of pedestrian fatalities are shockingly high nationally as well. While overall traffic fatalities continue to inch lower thanks to new motor vehicle safety features and better education and enforcement, there has been a recent spike in pedestrian deaths. Some experts attribute it to more distracted drivers and use of electronic devices. The number of pedestrians killed on U.S. roadways has reached its highest level in three decades, skyrocketing 60 percent from their recorded low in 2009 to 6,283 deaths in 2018.

According to the National Highway Safety Administration, risk factors include crossing outside of an intersection, time of day, and alcohol. Three out of four pedestrian fatalities occur outside of an intersection. The vast majority take place at night or in the early morning hours in dark conditions. Alcohol often also plays a role, with half of all crashes in which a pedestrian is killed involving an impaired pedestrian and/or driver.

Common Pedestrian Injuries

Because of the vulnerability of a pedestrian when struck by a motor vehicle, which outweighs him or her by thousands of pounds and is capable of traveling at incredible speeds, pedestrian injuries tend to be very serious and can be life-threatening.

The most common pedestrian injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries, such as internal bleeding or a collapsed lung
• Pelvic injuries, often from making contact with the hood of a vehicle or the ground
• Broken or fractured bones, such as the bones of the wrist or elbow
• Lacerations

If you’ve been injured as a pedestrian, you owe it to yourself to speak with a trusted attorney with experience winning pedestrian accident cases in Louisiana before you sign any document that could limit your right to pursue the compensation you deserve.

Louisiana Laws and Pedestrians

It is important to understand the rules of the road for pedestrians in Louisiana, especially if you or a loved one has been injured.

Pedestrian rights under Louisiana law:

Pedestrians have the right-of-way on any sidewalk including those that extends across an alley, road, driveway or building entrance.

Pedestrians have the right-of-way in a crosswalk. Motorists must yield to a pedestrian in a crosswalk when no traffic signal is present or when the vehicle is making a turn.

If a pedestrian enters a crosswalk when the pedestrian signal says “walk,” the pedestrian may continue through the crosswalk to the other side or to a safety zone or neutral area if the signal changes.

Pedestrian responsibilities under Louisiana law:

Pedestrians must use a sidewalk where one is available. It is illegal for a pedestrian to walk on a roadway if it has an adjacent sidewalk.

If a roadway has no sidewalk or walking path adjacent, pedestrians should walk on the shoulder of the road facing traffic.

Pedestrians are required to obey all traffic control signals and signs. A pedestrian signal takes precedence over a traffic signal. For example, a “do not walk” signal would take precedence over a green traffic light.

Pedestrians must exercise caution when entering a crosswalk. They are required to follow traffic signals at intersections and use the right side of a crosswalk when practical. They may not jump out into a crosswalk in front of a vehicle.

Pedestrians may not cross an interstate highway, except in the case of an emergency.

Vehicle operator responsibilities to pedestrians under Louisiana law:

Drivers are required to yield the right of way to pedestrians in crosswalks and on sidewalks, as detailed above.

Drivers in Louisiana who encounter a pedestrian in their path are required to use the vehicle’s horn if necessary and drive in a safe manner to avoid causing an accident.

Drivers are required to exercise caution when they observe a pedestrian walking on or near a roadway to ensure his or her safety. In particular, a driver must drive cautiously when encountering a pedestrian who is a child, or who seems lost, intoxicated or confused.

Drivers must yield to blind or incapacitated pedestrians.

Drivers may not pass a vehicle that has stopped at a crosswalk or intersection to allow a pedestrian to cross the road.

Pedestrian Safety Tips

According to the Centers for Disease Control and Prevention, the best steps to take to keep yourself safe as a pedestrian are to:

1. Make yourself more visible when walking at night by carrying a flashlight and wearing reflective clothing, such as reflective vests.
2. Only cross a roadway at a designated crosswalk or intersection whenever possible.
3. Walk on a sidewalk or footpath, and not on the road. If no sidewalk or path is available, walk on the shoulder of the road facing traffic.
4. Avoid walking near roadways if you have been impaired by alcohol or drugs. Use extra caution and keep the volume low enough to hear traffic if you are walking with headphones or electronic devices like earbuds.

Call the Charbonnet Law Firm Today

If you or a member of your family has been injured as a pedestrian in Louisiana, don’t wait. Call the Charbonnet Law Firm today. You may feel pressured by insurance companies to settle your claim quickly before learning the full extent of your injuries and the costs that may be associated with them. You may feel overwhelmed with medical bills, doctors visits, recovery and lost work. Let us help you through this difficult time.

Call today for a free consultation with a member of our experienced, caring legal team. At the Charbonnet Law Firm, a skilled attorney can help you understand your rights under Louisiana law, and help you decide how best to pursue your case. If you decide to pursue your case with us, we will be there with you every step of the way, taking care of all the details, ensuring the best possible outcome and the best compensation for your injuries. Let us give you peace of mind that your interests are being protected so you can focus on healing.

Motorcycle Accidents

Motorcycling can be a relaxing or exhilarating hobby, a cost effective way to commute, and much more. It can also be dangerous. The number of motorcyclists killed in crashes dropped by almost 5 percent to 4,985 in 2018, according to the National Highway Traffic Safety Administration, but motorcycle riders continue to be overrepresented in traffic fatalities. Motorcycles have inherent risks that other vehicles do not, because of their smaller size and lower visibility, and the comparative lack of crash protection (compared to a compact car, for example, with a low center of gravity, crumple zones and airbags).

Still, there are many ways that motorcycle operators can lower their risk of injury, according to experts. These include always wearing proper protective equipment, riding responsibly and never impaired by alcohol or drugs, and making sure your motorcycle is well maintained and that you have the proper license and training.

In 2018, 79 motorcyclists were killed and more than 1,200 were injured on Louisiana roadways, according to the Center for Analytics & Research in Transportation at Louisiana State University. Louisiana law requires all motorcycle operators and riders to wear DOT-approved helmets, a law that was reinstated in 2007 and credited with dramatically reducing motorcyclist death and serious injury in the state.

Common Motorcycle Injuries

Traumatic brain injury

Widespread use of helmets and new helmet technology have helped reduce motorcycle fatality rate over the last decade. But even with a DOT-approved helmet, a motorcyclist who survives a crash faces high risk of serious brain injury from the force of impact with another vehicle, the road or other object. Riders who have suffered a traumatic brain injury can have lasting impairments to their ability to speak or carry out other functions vital to daily life and in order to work. These injuries can result in the need for extensive rehabilitation and major long-term healthcare costs.

Road rash

These painful scrapes, abrasions and more serious injuries that can resemble burns are caused when a motorcyclists makes contact with and slides along the road surface. Our skin acts as our primary protective layer, so infection can be a serious risk with road rash injuries. Scaring and permanent nerve damage as well as damage to underlie connective tissue are risks. Severe road rash can require skin grafting and/or physical therapy and other ongoing treatments to heal.

Lower Limb Injuries

Motorcyclists are more likely to injure their legs and feet than any other part of their bodies. The Center for Disease Control studied over a million motorcycle injuries and found that nearly 30 percent of the injuries occurred to the lower extremities.

When you’re on a motorcycle, your legs are very closest to the ground. If you’re in a crash, they are often the first thing to come into contact with pavement. If a motorcycle rolls, it can crush a rider’s leg or foot, and result in fractured or broken bones. Lower limb ligament and tendon injuries are also common for motorcyclists who experience a crash, as is road rash.

Spinal Cord Injuries

Head and neck injuries make up nearly a quarter of all injuries that result from motorcycle accidents. In serious motorcycle crashes, spinal cord injuries can cause the most serious and lasting damage. While helmets provide a significant level of protection from traumatic brain injury, they provide little in the way of spinal cord protection and may actually transfer the impact of a crash toward the spine. Spinal cord injuries can result in chronic pain, temporary or permanent paralysis, and in the most serious cases, paraplegia or quadriplegia. Spinal cord injuries almost always involve significant damages to the injured party, including long-term healthcare costs and lost wages.

Chest Injuries

Injuries to the ribs or surrounding structures (for example, the sternum or clavicles) are very common in motorcycle crashes. Injuries to this area can be life-threatening as the rib cage protects vital organs, especially delicate lung tissue. Trauma to the thorax area (the chest down to the diaphragm) can result in a collapsed or punctured lung and/or internal bleeding. Damaged tissue can result in long recovery times and can lead to secondary injuries from infection.

If you have been injured in a motorcycle accident in Louisiana, you owe it to yourself to speak with a skilled attorney who can help you understand your rights, evaluate your case and your options, and build a strong case for getting the compensation you deserve.

Louisiana Law Governing Motorcycle Accidents

A number of state laws determine how motorcycle accidents should be handled, who is at fault, the types of damages that can be sought, and award amounts in New Orleans and across Louisiana.

Requirement to Report Vehicle Accidents

By law, drivers in Louisiana must report any vehicle accident immediately, if that accident results in injury to or death of any person, or results in property damage over $500. This typically means calling 911 immediately. A law enforcement officer then investigates and generates an accident report that is publicly available at the Louisiana Department of Public Safety and Corrections.

Comparative Fault

Louisiana motorcycle accident judgements are subject to a “comparative fault” law. This means that a court can find you, the victim, partially at fault for your motorcycle accident. You can still recover damages for your case. But the court will reduce your award by the percentage that it decides you were at fault. So, if you would have received a $100,000 award and you are found to be 20% at fault, your award would be reduced by 20% to $80,000. An insurance company will use the same formula to determine what it will offer as a settlement. “Comparative fault” is almost always a judgment call that is subject to your ability to negotiate with insurers or persuade a judge or jury. A skilled attorney with knowledge of past awards and how “fault” is determined under Louisiana law can be invaluable in this process.

Prescription

You have one year from the date of your auto accident to file a claim in Louisiana, including any claim for injury or vehicle damage. This is a shorter deadline than most states, and if you miss it you likely lose your ability to negotiate for fair compensation. So speak with an attorney experienced in Louisiana motorcycle accident claims and personal injury law right away. This way, you and your legal team can build the strongest case possible for the compensation you deserve.

Other Louisiana Laws

Personal injury, wrongful death, defective product, or other civil case law could play a potential role in your case, as could criminal law if a party is prosecuted for a crime related to the accident, such as driving under the influence or hit-and-run. A skilled attorney with experience winning for victims in Louisiana motorcycle accident cases can help you better understand how these laws affect potential outcomes of your case.

Call Charbonnet Law Firm Today

Even the safest operators can be involved in a motorcycle crash. If you are injured, contact a trusted attorney with experience in Louisiana motorcycle accident cases before you sign any document that could limit your right to pursue compensation for your injuries. Charbonnet Law Firm has won strong settlements for clients in the New Orleans area for years. Let our skilled, caring legal team protect your interests while you focus on recovering.

Bicycle Accidents

Who could forget the tragic events of Mardi Gras 2019 when a drunk driver plowed into a packed bicycle lane, killing two cyclists and injuring seven others? The crime, for which the driver was sentenced to 90 years in prison, was among the most egregious examples of a driver acting aggressively toward and with wanton disregard for cyclists. Crashes involving motor vehicles and bicycles in the Bayou State, however, are far from rare and are a growing problem as more people opt to make cycling their primary mode of transportation.

Cycling Is Safer Overall, But More Deadly Crashes With Motor Vehicles

As millions more Americans take up cycling to get around, cities and states have increasingly focused on bicycle safety measures, such as creating bike lanes and clarifying traffic laws as they relate to cyclists. Safety efforts such as higher helmet use among cyclists have helped significantly reduce Emergency Department visits due to bicycle accidents, which are down 41 percent between 2009 and 2018, according to the Centers for Disease Control and Prevention.

At the same time, however, fatal crashes involving motor vehicles and cyclists have increased by nearly 40 percent. According to the National Highway Traffic Safety Administration, 857 cyclists were killed in crashes with motor vehicles in 2018. Most cyclists who are killed are hit by light-weight trucks and most of those are hit from behind. Excessive motor vehicle speed plays a huge role in cyclists fatalities, as does time of day, with the hours between 6pm and midnight being the most dangerous for bicycle riders.

Louisiana Bicycle Riders

Bicycle ridership has grown across Louisiana over the last decade. This growth has happened most dramatically however in New Orleans, where our mild winters and flat roads make bicycle commuting ideal. Other factors that are helping encourage bike ridership in New Orleans are a city-run bike share program, strong advocate community, bike-friendly planning, and strong laws to protect cyclists. In fact, New Orleans now ranks fifth among U.S. cities with the most bicycle commuters.

Unfortunately, however, Louisiana also is consistently ranked among the most deadly states for cyclists. According to data from the National Highway Traffic Safety Administration, Louisiana was the second most deadly state for cyclists in 2012 and fourth in 2016 with a rate of 4.7 cyclist fatalities per 100,000 residents. A recent report from an auto insurance industry publication found Baton Rouge to be among the top ten most dangerous U.S. cities for cyclists.

Louisiana Laws and Bicycle Safety 

It’s important to understand your legal rights and responsibilities when bicycling in Louisiana, especially if you or someone you love has been injured in a bicycle accident. Under Louisiana law, bicycles are treated as vehicles for the most part, and bike riders are generally given the same rights and duties as drivers of motor vehicles.

Helmet Laws

Under Louisiana law, any person under the age of 12 riding a bicycle, as an operator or passenger, must wear a helmet.

Rules for Bicyclists Under Louisiana Law

• A bicyclist may not cling to a motor vehicle while biking.
• A bicycle may carry only the number of people for which it is designed.
• Bicyclists must come to a full and complete stop at all stop signs and red lights.
• Bicycles must ride as close as is practical and safe to the right side of the roadway except when overtaking another bicyclist, preparing to make a left turn, when necessary to avoid roadway hazards or vehicles, or when riding in a narrow lane.
• No more than two bicyclists may not side by side and in doing so may not impede motor vehicle traffic.
• Bicyclists must use hand or arm signals when turning and stopping.

 

Requirements for Bicycles

Bicycles are required to have the following equipment:

• Brakes that allow the bike to skid on clean, level, and dry pavement.
• A bell or other device (not a siren or whistle) capable of giving a signal audible for a distance of at least 100 feet.
• A white front-facing headlight and a red rear light, visible from at least 500 feet when used at nighttime.

 

Electric-Assisted Bikes

Under Louisiana law, an electric-assisted bicycle must be rated no more than 50cc, have an automatic transmission, and have a maximum speed of 25mph on flat surface. E-bikes are considered the same as traditional bicycles under Louisiana law, except that riders must be 16 years of age or older and wear a helmet unless they have a health insurance policy with medical benefits over $10,000.

What Louisiana Bicycle Law Does Not Do

• Louisiana’s DUI statute does not apply to bicyclists (only to operators of motor vehicles), but an impaired bicyclist may be charged with public intoxication.
• Sidewalk riding is neither allowed or prohibited by Louisiana state law. Local ordinances typically address this issue.
• Louisiana does not require bicyclists to use any bike lane or path other than a normal vehicle traffic lane.
• Louisiana law does not require state bicycle registration but allows local governments to institute their own bike registration programs.

Other Vehicle Operators & Bicycles Under Louisiana Law

• Staying out of Bike Lanes. Motor vehicles are prohibited from operating in designated bike lanes except under very limited circumstances.
• “Dooring” Law. Louisiana law states that no person shall open any door of a motor vehicle located on a highway without first taking precaution to ensure that this action does not interfere with the movement of traffic or endanger any other person or vehicle. The law also prohibits leaving any door of a motor vehicle located on a highway open for a period of time longer than necessary to load or unload passengers.
• Passing Distance. An overtaking driver must exercise due care and leave a safe distance of not less than three feet when overtaking a bicyclist.
• Anti-Harassment Law. Louisiana specifically prohibits anyone from harassing, taunting, or maliciously throwing objects at a bicyclist with penalty of fines and even jail time.

 

Steps to take if you have been injured in a Bike Accident in Louisiana

1. Call 911. Explain the situation and any injuries in as clear of language as possible: who, what, where. If there are no injuries, you will still need to report the accident to authorities if more than $500 worth of damage occurred.
2. Take photos and gather information. Get insurance information from all drivers involved and take photos of the accident and damage. Get contact information from any witnesses to the crash.
3. Contact a trusted attorney with experience in Louisiana car accident cases right away. Don’t admit fault or sign any settlement related documents until you have spoken with an attorney. Charbonnet Law Firm has won strong settlements for clients in the New Orleans area for years. Let our skilled, caring legal team protect your interests while you focus on recovering.

Contact The Charbonnet Law Firm Today

If you or a loved one has been injured in a bike accident in Louisiana, call the dedicated team of attorneys at Charbonnet Law Firm right away. We have been winning for our personal injury clients in New Orleans and the surrounding parishes for more than five decades. At Charbonnet Law Firm, we will help you understand your case and your options for compensation. If you choose to pursue your case, we will be there every step of the way, protecting your interests and fighting for the best possible outcome. Call today for a free consultation.

 

Uber & Lyft Insurance and Settlements

We represent Uber and Lyft drivers.
We represent Uber and Lyft passengers.
We represent people in a crash with an Uber or Lyft car.

Rideshare apps have revolutionized the way we get around. Many of us rely on ride-sharing services to get us where we need to go safely. Nearly 40 percent of Americans have used a ridesharing app, a staggering figure considering both Uber and Lyft have only existed for about a decade. Use of Uber and Lyft have skyrocketed in New Orleans in particular since the apps arrived in the city in 2015. A 2018 Arizona State University study found that New Orleans had the second highest rideshare use per capita of any major U.S. metropolitan area, with a whopping 30 percent of residents using a rideshare app in the last 30 days.

Ridesharing comes with its own dangers, however, for everyone on the road, and it can create  legal complications when an accident occurs. For example, a new study by the University of Chicago and Rice University suggests that ridesharing services may actually increase traffic accidents and fatalities, especially in larger cities, by putting more cars on the road and creating more stop-start traffic. And poorly vetted rideshare drivers can increase the risk to passengers’ personal safety. In fact, an internal investigation by Uber found the company received nearly 6,000 reports from passengers alleging serious sexual assault in the U.S. during 2017 and 2018.

If you have been injured as a passenger or the operator of another vehicle in an auto accident involving an Uber or Lyft vehicle in New Orleans, protect your legal rights by speaking with an attorney experienced with rideshare accidents today. Below is an overview of how insurance and settlements work when an Uber or Lyft driver is at fault.

Uber and Lyft Driver Classification & Insurance

Uber and Lyft don’t own or operate the cars hailed by their rideshare app. Both of these billion-dollar corporations go to great lengths to avoid classifying their drivers as employees. Instead, they prefer to treat drivers as independent contractors. This allows both companies to avoid responsibility for accidents or damage that happen when drivers are working. Under Louisiana law an employer is usually liable for damages caused by an employee. Independent contractors, however, are normally responsible for damages caused by their own negligence.

Legal challenges and legislative efforts are underway to challenge rideshare driver classification in various states across the country. And it remains to be seen if rideshare companies will continue to shield themselves with the “independent contractor” argument.

Very few Uber and Lyft drivers carry commercial auto insurance policies because they are not required to under Louisiana law and commercial policies tend to be prohibitively expensive. This can create problems because, while premiums are higher for commercial policies, their coverage is better and more appropriate for drivers using their vehicles to earn money.

Rideshare drivers in Louisiana are only required to carry the minimum auto insurance required by the state for personal vehicles:

• $15,000 for bodily injury or death of one person in an accident caused by the driver of the insured vehicle
• $30,000 for total bodily injury or death liability in an accident caused by the driver of the insured vehicle
• $25,000 for property damage per accident caused by the driver of the insured vehicle.

 

Insurance and Ridesharing

In addition to a driver’s personal auto insurance, ridesharing apps carry insurance. For insurance purposes, a driver’s time is divided into three phases and which insurance covers an accident and at what amount depends on which phase the driver is in.

1. Offline. The driver’s personal auto insurance policy applies to any accident that takes place when the driver app is turned off.
2. Online.  Waiting for a ride request.  If an accident happens when the driver’s app is turned on and he/she is waiting to receive a ride request, the rideshare company will provide third-party liability insurance coverage.  For example, if a Lyft driver….waiting for a ride request, Lyft’s third-party insurance would cover liability damages up to $50,000.00 per person/$100,000.00 per accident, $25k in property damage.

Uber and Lyft maintain third-party liability insurance for all drivers with the following limits:

• $50,000 in bodily injury per person
• $100,000 in bodily injury per accident
• $25,000 in property damage per accident

3. Online. En route to pick up riders and during trips. If a crash occurs when a driver is en route to pick up a rider or when a passenger is in the vehicle, the driver’s personal auto insurance policy would apply as would the following auto insurance maintained by the rideshare corporation on behalf of the driver. The ride share company’s third-party insurance would cover liability damages up to $1,000,000.00 per person in liability coverage and Uninsured/Underinsured motorist coverage.

• $1,000,000 third-party liability
• Uninsured/underinsured motorist bodily injury

In 2015, Louisiana passed the Transportation Network Company Motor Vehicle Responsibility Law which was designed to fill gaps in insurance coverage requirements for rideshare app drivers. The law requires specific amounts of insurance for Phases 2 and 3 above. Basically, codifying as a requirement the practice outlined above. It does not change the level of personal auto insurance required for rideshare drivers however.

Rideshare Litigation

In general, if you are injured in an accident as a passenger in a rideshare vehicle, and the driver of the rideshare vehicle was at fault, the rideshare company’s third-party liability insurance will cover your damages.  If you are involved in an accident with an at-fault rideshare vehicle driver and you are a driver or passenger in another vehicle, the rideshare company’s third-party liability insurance will cover your damages.  Lastly, if you are a rideshare driver or a passenger in a rideshare vehicle involved in an accident in which the other vehicle was at fault, the rideshare company’s uninsured/underinsured motorist coverage may apply to your case.

Of course, all insurance companies and corporations have teams of lawyers and adjusters that work around the clock to limit their liability and protect their bottom line. For instance, insurance companies may pressure you to admit that you are somewhat at fault for the accident. This is because, under Louisiana’s “comparative negligence” law, an award for damages can be reduced by a percentage equal to the percentage that a victim is found to be at fault for the accident. For example, if you are leaving work after an overnight shift and your vehicle is struck by an Uber driver making a dangerous left turn, the driver’s insurance company or the rideshare app’s insurer could claim you are partially at fault because you were driving while fatigued.

This is why it is so important to seek out a skilled attorney if you’ve been injured in a rideshare app accident. You deserve a legal team on your side with strong knowledge of Louisiana civil law and decades of experience winning for victims of Louisiana auto accidents.

If you are a rideshare passenger who has been injured in a crash, other complicating factors may exist. For example, Uber and Lyft both require users to agree to “terms of service” that both companies have used to deny passengers the right to a jury trial. “Arbitration” is a common way companies use to try to limit the compensation that victims receive in the event of grave injuries or wrongful death.

Call the Charbonnet Law Firm Today

If you or a loved one has been injured in an accident involving a rideshare driver in Louisiana, call the dedicated team of attorneys at the Charbonnet Law Firm right away. We have been winning for our personal injury clients in New Orleans and the surrounding parishes for more than five decades.

At Charbonnet Law Firm, we will help you understand your case and your options for compensation. If you choose to pursue your case, we will be there with you every step of the way, standing up to the insurance companies, so you receive the best possible compensation for your injuries. Call today for a free consultation.

Truck Accidents

The attorneys at Charbonnet Law Firm are members of the Academy of Truck Accident Attorneys. We are specifically trained to represent those injured by 18-Wheelers and big box trucks. 

Did you know there are special laws set up by the federal government that apply only to 18-Wheelers and big trucks? It is very important that you contact an attorney ASAP after any wreck involving an 18-Wheeler. We may need to recover black box data from the truck and obtain evidence from the scene of the wreck.

Large commercial trucks are the lifeblood of Louisiana commerce. They transport everything from the food and clothing we buy to construction equipment for our road and crude oil to Louisiana refineries. Sadly, auto accidents involving large trucks occur every day in Louisiana, and these crashes can be very dangerous and often deadly for other drivers, pedestrians, and bicyclists.

According to the National Highway Transportation Safety Administration (NHTSA), 4,761 people killed in crashes involving large trucks in 2017. Four out of five people killed in a crash involving a large truck are the drivers or occupants of the other vehicles involved, or a pedestrian or bicyclist.

On average, 100 people are killed and 3,0000 people are injured each year in Louisiana in large truck and bus accidents, according to data compiled by the Center for Analytics & Research in Transportation at Louisiana State University.

Facts About Large Truck Crashes

According to the National Highway Transportation Safety Administration (NHTSA):

• A third of all fatal crashes that involve a large truck are head-on collisions.
• Another 30 percent involve the front of the truck hitting the back or side of another vehicle.
• More than one in four fatal large-truck crashes occurred on interstate highways.
• Nearly 60 percent occurred in rural areas.
• Deadly crashes involving large trucks typically happen on weekdays during daylight hours.
• More than 21 percent of all large-truck drivers involved in fatal crashes had at least one prior speeding conviction, roughly the same as drivers of passenger cars involved in fatal crashes.

A comprehensive study of the causes of large-truck crashes that involved injury or death by the Federal Motor Carrier Safety Administration found that in 55 percent of crashes the large truck was the “critical reason” (or the cause of) the accident event. Nine out of ten these critical reasons involved driver error on the part of the large truck operator.

The most common factors involved in truck driver error that led to a crash were:

1. Traveling too fast for conditions (23% of crashes)
2. Unfamiliar with roadway (22% of crashes)
3. Over-the-counter drug use (17% of crashes)
4. Inadequate surveillance (14% of crashes)
5. Driver Fatigue (13% of crashes)

An average semi-truck weighs 40 tons, compared to 1.5 tons for a typical compact car. This weight difference makes semi-trucks the most hazardous vehicles on the road. Semi-trucks require more stopping and merging distance, and they have large blindspots at their front and sides. They often carry massive loads long distances across a variety of road types and conditions.

Louisiana Law and Truck Accident Victims

Liability Under Louisiana Law

Because of the inherent risks of large trucks, especially to other motor vehicle operators, truck drivers have a duty to other drivers to use “reasonable care” in operating vehicles. Essentially, an injured party seeks damages based on a truck driver’s negligence that caused the accident.

Damages under Louisiana Law

When a trucker causes an accident, that duty is breached and injured parties hold him or her liable failing to use such care. Injured parties may seek compensation for medical expenses incident to the accident, lost wages, pain and suffering, as well as future treatment and rehabilitation expenses.

Comparative Negligence

Louisiana car accident judgements are subject to a comparative negligence law. This means that a court can find you, the victim, partially at fault for your car accident. You can not recover damages for your case. But the court will reduce your award by the percentage that it decides you were at fault. So, if you would have received a $100,000 award and you are found to be 20% at fault for the car accident, your award would be reduced to by 20% to $80,000. An insurance claims adjuster will use the same logic in determining what it will offer as a settlement.

Obviously, there is no empirical measure of fault, so any assignment of liability is really a judgement call that is subject to your ability to negotiate with insurers or persuade a judge or jury. A skilled, experienced attorney with knowledge of past awards and how “fault” is determined can be invaluable in helping you through this process.

Statute of Limitations Under Louisiana Law

The statute of limitations to bring a civil suit for damages in Louisiana is one year from the date of the accident.

Commercial Truckers Insurance Requirements

Under current state and federal laws, commercial large truck drivers are required to have a minimum liability coverage from $300,000 (up to 10,000 lbs) and $750,000 (over 10,000 lbs), rising to $5 million for certain hazardous cargoes.

Who is Liable in a Truck Accident?

While typically the driver of a vehicle is liable for the damages they cause in an auto accident in Louisiana, there can be special circumstances when a commercial truck is involved. It is important to understand your rights if you’ve been injured in a crash with a large truck. A skilled attorney with experience winning Louisiana truck accident cases can help you navigate the process to ensure the best possible compensation for your injuries.

Louisiana Law When The Truck Driver Is An Employee 

Louisiana law holds employers responsible for wrongful acts, including negligent driving, when they are committed by an employee while the employee is performing job duties. When two parties have a certain relationship with one another, the law can hold one party liable for the misconduct of another. For example, if an employee runs a red light and hits another car while driving a company truck during work hours, the employer could be responsible for the damages caused by the employee.

Louisiana Law and Truck Fleet Owners and Operators

Truck drivers are, however, are often classified (and sometimes misclassified) as independent contractors by the companies that employ them. This allows a company to shift costs onto truck drivers and avoid federal labor standards like overtime pay and workers compensation. This does not nullify the company’s responsibility as a fleet owner or operator when a victim is injured by a driver under their employ.

Damages suffered by victims of a truck accident can quickly exceed a truck driver’s insurance policy limits. Because of this, federal regulations require that trucking companies carry a minimum of $750,000 in liability insurance.

Call the Charbonnet Law Firm Today

If you or a loved one has been injured in a commercial truck-involved crash in Louisiana, you owe it to yourself to find a strong legal advocate. Insurance and trucking companies will always work to protect their bottom line. That can mean pressuring accident victims to settle quickly for less than the compensation they need and deserve for their injuries.

Call today for a free consultation. Let our team of experienced, trusted attorneys at the Charbonnet Law Firm evaluate your case and help you decide the best possible course of action to take. If you decide to work with our firm, we collect nothing unless we prevail, and we will fight tireless to ensure the best possible outcome of your case, so you can focus on healing.

Auto Accidents In New Orleans And Louisiana

Louisiana, and New Orleans in particular, can be dangerous for drivers, pedestrians and cyclists alike. In 2019, there were more than 72,000 people injured and 722 deaths on Louisiana roadways, according to the Center for Analytics & Research in Transportation Safety (CARTS) at Louisiana State University. A recent University of Michigan study comparing states by traffic fatalities per 100,000 residents found that Louisiana came near the bottom at 42nd for traffic safety. The usual factors tend to play a role in this troubling statistic: not all vehicle occupants wearing seatbelts, often coupled with driver speed, distraction and impairment.

Whether it is impaired drivers, traffic congestion or roads in need of repair — drivers in New Orleans in particular experience more than their fair share of vehicle crashes. According to that same LSU data, in 2019 nearly one in three of Louisiana’s traffic injuries occurred in the New Orleans metropolitan region. And New Orleans and surrounding parishes accounted for 22 percent of traffic fatalities in the state.

Unfortunately, it seems that the number of deadly traffic accidents is holding steady into 2020 despite the long stay-at-home orders due to the COVID-19 pandemic.

Steps To Take If You Are In A Car Accident In Louisiana

• 1. Get everyone involved to safety. If vehicles or persons with neck injuries can’t be moved, set up flares. Provide immediate medical assistance if necessary and possible.
• 2. Call 911. Explain the situation and any injuries in as clear of language as possible: who, what, where. If there are no injuries, you will still need to report the accident to authorities if more than $500 worth of damage occurred.
• 3. Take photos and gather information. Get insurance information from all drivers involved and take photos of the accident and damage.
• 4. If you are injured, seek medical treatment immediately. Many insurance companies take into account the fact that you sought emergency treatment the day of the accident when determining the severity of your injuries. Even if you just go get checked out at an urgent care, this is important for your case. Be sure to use your health insurance if you have it.
• 5. Contact a trusted attorney with experience in Louisiana car accident cases right away. Charbonnet Law Firm has won cases for clients in the New Orleans area for decades. Let our skilled, caring legal team take care of all the confusing details and protect your interests while you focus on recovering.

 

Louisiana Law Governing Car Accidents

Below are some of the state laws that govern motor vehicle accidents in New Orleans and across Louisiana. An experienced attorney can help you better understand how these laws shape your rights and responsibilities and how they can affect the outcome of a case, if you are injured in a car accident in Louisiana.

Requirement To Report Vehicle Accidents

By law, drivers in Louisiana must report any vehicle accident immediately, if that accident results in injury to or death of any person, or results in property damage in excess of $500.

This typically means calling 911 immediately. If it is a non-life threatening emergency, the operator may instruct you to call 311 or another service for reporting the accident. The accident will then be investigated by a law enforcement officer, and a crash report will be publicly available and our office can secure it for you once the law enforcement officer completes it.

Statute of Limitations (Prescription)

You may have heard that Louisiana has different laws than the rest of the country. That means we like to use different terms for normal things. In Louisiana we say “prescription” instead of “Statute of Limitations.” What does that mean?

It means you have one year from the date of the crash to file a lawsuit. This includes any claim for injury or vehicle damage by a driver, passenger, pedestrian, motorcyclist, or bicyclist. This is a shorter deadline than most states, and missing it almost certainly means losing your ability to negotiate for fair compensation.

Don’t wait until it’s too late. Speak with an attorney experienced in Louisiana auto accident claims and personal injury law right away. By leaving yourself plenty of time before the one-year deadline, you and your legal team can build the strongest case possible for the compensation you deserve.

Comparative Negligence

Louisiana car accident judgements are subject to a comparative negligence law. This means that a court can find you, the victim, partially at fault for your car accident. You can not recover damages for your case. But the court will reduce your award by the percentage that it decides you were at fault. So, if you would have received a $100,000 award and you are found to be 20% at fault for the car accident, your award would be reduced to by 20% to $80,000. An insurance claims adjuster will use the same logic in determining what it will offer as a settlement.

Obviously, there is no empirical measure of fault, so any assignment of liability is really a judgement call that is subject to your ability to negotiate with insurers or persuade a judge or jury. A skilled, experienced attorney with knowledge of past awards and how “fault” is determined can be invaluable in helping you through this process.

At-Fault Driver’s Personal Car Insurance

If you are in an accident involving a driver who is at fault for the accident, chances are the driver has personal auto insurance. That existing personal auto liability insurance will extend to the rental car and cover injuries and damages suffered by others, up to the policy limits. Policies can also include comprehensive and collision coverage. Some rental car companies require renters to provide proof of insurance coverage from a personal auto insurance policy in order to waive their liability or collision coverage. The level of coverage will depend on the state requirements in which the policy was issued.

In Louisiana, drivers of personal use vehicles are required to maintain the following levels of auto liability insurance coverage:

• $15,000 for bodily injury per person
• $30,000 for bodily injury per accident
• $25,000 for property damage per accident

Personal Injury Law

In Louisiana, car accident case law is generally governed by the same statutes governing personal injury, though this is not always the case. Depending on your case and injuries, there may be different legal requirements, caps to awards for damages, and other complicating factors. A skilled attorney with experience in Louisiana car accidents and personal injury law can help you understand your rights and options when navigating this process. personal injury law

Contact Charbonnet Law Firm Today.

Have you been injured in a New Orleans car accident? We can help. Contact the skilled, dedicated team of attorneys at Charbonnet Law. We have spent the last five decades helping our clients get the best possible settlement and the compensation they deserve.

Let our dedicated legal team give you a clear picture of your claim and what to expect. Our team will work tirelessly to build the best possible case for you. At Charbonnet Law Firm, our clients have the peace of mind that their legal interests are being protected so that they can focus on healing and getting back to their lives. Call us today for a free consultation.

Uber and Lyft Accidents

We represent Uber and Lyft drivers.
We represent Uber and Lyft passengers.
We represent people in a crash with an Uber or Lyft car.

Uber and Lyft in New Orleans

Uber and Lyft arrived in New Orleans shortly after a city ordinance passed in 2015 that allows the companies to operate. Charbonnet Law Firm got its first Uber case the week after! Since then their popularity has exploded, with the number of trips taken using rideshare apps quickly overtaking traditional taxi trips. In fact, a 2018 Arizona State University study found that New Orleans had the second highest rideshare use per capita of any major U.S. metropolitan area (beat only by San Francisco). A whopping 30 percent of New Orleans residents reported using one of the rideshare apps in the last 30 days.

Charbonnet Law firm has represented hundreds of Uber and Lyft drivers, passengers, and people in wrecks with rideshare vehicles. We know the attorneys who represent these companies, and we have good working relationships with them.

Rideshare apps have changed the way many of us get around. We use Uber or Lyft because of their convenience. Whether we are on vacation, heading to the airport or to The Big Game, or making the responsible transit choice after a few too many drinks, we rely on ride-sharing services to get us where we need to go safely.

According to a 2018 survey, 36 percent of Americans say they have used a ridesharing app. Another 61 percent say they have heard of Uber or Lyft but hadn’t taken a ride yet, and just 3 percent of Americans said they hadn’t heard of them at all. The same survey taken in 2015 found that just 15 percent had used the apps and 33 percent had never heard of Uber or Lyft. Founded in 2009 and 2012, respectively, Uber and Lyft now account for 5.5 billion vehicle trips worldwide each year.

This enormous growth comes with new dangers on the road and new legal complications when an accident occurs. In 2018 Uber released a U.S. Safety Report that found that there were 107 total traffic fatalities in 2017 and 2018 involving Uber. The company estimated its fatality rate to be roughly half the average for U.S. drivers. Analysts, however, point out that the company doesn’t report any data on non-fatal traffic accidents involving its drivers. In fact, a new study by the University of Chicago and Rice University suggests that ridesharing services may actually increase traffic accidents and fatalities, especially in larger cities, by putting more cars on the road and creating more stop-start traffic.

Louisiana Law Governing Uber and Lyft Accidents

If you or someone you love is injured in an auto accident involving a rideshare vehicle, whether as a passenger, pedestrian, or other driver, it is important to know your legal rights.

While the laws that govern car crash liability and personal injury liability in Louisiana generally apply to cases involving Uber or Lyft drivers, there are added complications that you should know from the start. If you are injured in an accident involving a rideshare driver, it pays to get legal advice from a seasoned attorney specializing in this unique type of case as soon as possible.

Determining who is the responsible party in an accident involving Uber or Lyft isn’t always straightforward. If you are injured in an accident, it might seem like the driver’s auto insurance company or the multibillion-dollar rideshare company involved will protect your interests as a rider, pedestrian or driver. But don’t count on it. Both want the fastest possible resolution, and both work to protect their bottom line first and foremost.

In general, if the rideshare driver is at fault, his or her insurance will cover damages up to the maximum amount of that policy. If this policy is exhausted, then the ridesharing app’s third-party liability insurance should kick in up to $1,000,000. But, of course, the devil is in the details, and both corporations will use complicating factors in Louisiana law, like comparative negligence and personal injury caps, to protect their interests and keep their costs to a minimum. Furthermore, Uber and Lyft both require users to agree to “terms of service.” The amount of insurance coverage a rideshare vehicle has can vary minute by minute depending on if there are passengers in the vehicle!

It can be a very complex process to sort out who is responsible for paying out compensation and in what amounts when an accident involves a ridesharing app driver. You owe it to yourself and your family to speak with a skilled, dedicated legal team with a strong track record of winning for clients who have been victims of Uber or Lyft accidents.

What to do if you are in an Uber or Lyft Accident in New Orleans

Even if an accident seems relatively minor, following these steps will protect your interests and give you peace of mind down the road. In the event of a traffic accident, it is always better to be safe than sorry.

• 1. Make sure you and others involved are physically okay. Call 911 or seek immediate medical attention if anyone is injured. Make sure you and others are not at immediate risk from oncoming traffic or other roadway hazards.
• 2. Make sure the accident is reported immediately. Call 911 and explain the situation. If the emergency is non-life threatening, the operator may advise you to call 311 or another local service. Under Louisiana law, a driver must immediately report any traffic accident that results in an injury to any person, a death, or damage to property over $500. Drivers must further provide detailed information to a member of law enforcement who investigates the crash. Crash reports are available at the Louisiana Department of Public Safety website.
• 3. Gather information and evidence at the scene. Use your cellphone to take photos at the scene that show angle of impact, damage to vehicles and other property. Get contact information for all witnesses at the scene. Take photos of insurance cards from any drivers involved. This step may prove invaluable later on as your legal team prepares evidence to build the strongest possible case.
• 4. If you are a driver or a passenger in a rideshare vehicle, report the crash through the Uber or Lyft app within 24 hours. You may have to go take a drug test within 24 hours of the crash. REMEMBER: Being in an accident can be confusing and scary. Do not admit fault or make other statements about your injuries or those of others to anyone until you have gained a full picture of what happened.
• 5. If you are injured, contact an attorney with a strong track record of winning for clients in Uber and Lyft crash injury cases in Louisiana.

 

Car accidents are complicated enough, but when a rideshare app is involved, things can get really complex. You can find yourself dealing with hospitals, doctors’ offices, your own insurance, the rideshare driver, his or her auto insurance, the ridesharing app, its third-party liability insurance, and any other involved parties and their insurance. It can feel like trying to find your way out of a maze. Let an experienced attorney at Charbonnet Law Firm help you sort through this tangled web and get the compensation you deserve.

Call Charbonnet Law Firm Today

If you or a loved one has been injured in an accident involving a rideshare vehicle in Louisiana, call the dedicated team of attorneys at Charbonnet Law Firm right away. We have been winning for our personal injury clients in New Orleans and the surrounding parishes for more than five decades. You deserve the peace of mind of knowing a skilled, trustworthy law firm is on your side.

At Charbonnet Law Firm, we will help you understand your case and your options for compensation. If you choose to pursue your case, we will be there with you every step of the way, protecting your interests and fighting for the best possible outcome. Call today for a free consultation.

More Related Info: Uber & Lyft Insurance and Settlements