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New Orleans Personal Injury Law Blog

Louisiana one of only 6 states requiring school bus seat belts

Louisiana is one of only six states mandating seat belts in school buses. It may come as a surprise to parents that the National Highway Traffic Safety Administration has not compelled large school buses to provide seat belts.

Many students have injured in recent crashes around the country, raising concerns over the lack of seat belts in buses. This issue comes to light every time there is a fatal accident involving a school bus.

Two car crashes in New Orleans shock graduating students

Two unrelated car accidents took place in New Orleans within hours and miles of each other involving students about to graduate this year from the same school. One teenager was seriously injured; the other died as a result of her accident.

The first accident took place on Highway 435. A 65-year-old drunk driver's car slammed into the teenager's vehicle on a remote stretch of the road. The man is facing DWI charges. Before her accident, the young woman's biggest problem was how to style her hair for graduation, her devastated family said. Now, however, she is in the hospital. To cover her high medical expenses, the girl's family has set up a fund. Increasing medical costs can take a toll on a family already suffering emotionally.

Deaths in work zones are preventable when drivers use caution

Louisiana residents may not be aware the governor declared April 23-27 Work Zone Awareness Week in concurrence with a national event promoting safety. During the week, the Department of Transportation and Development tried to raise awareness relating to safety matters to reduce fatal accidents in highway work zones.

Officials are trying to get drivers to slow down when they near workers doing work on roads and in construction sites in order to reduce fatalities. The DOTD's effort featured the widow of a worker who died in a fatal car accident 23 years ago while doing survey work on a highway.

Motorcyclists ride together to decrease fatal accidents

Among the hundreds of motorcyclists riding in Gretna, Louisiana, to highlight motorist inattentiveness were family members of victims lost in fatal accidents. Many people had a story to tell about either their own injuries or how they were coping with the loss of a loved one.

In the past year, there have been at least 2,000 motorcycle accidents in Louisiana, of which 70 were fatal. According to the president of the Motorcycle Awareness Campaign, motorists are more likely to be at fault for not seeing motorcyclists and causing wrongful deaths.

Product liability lawsuit against surgical robot

Surgeons in Louisiana may be keeping their eyes on a product liability lawsuit filed against a company that manufactures a surgical robot used to perform surgeries such as hysterectomies. The case is a novel one because it recognizes that the doctor operating the machine may not be at fault, as previously believed, but the machine itself may be.

The case has been filed by the father of a 24-year-old woman who died two weeks after the procedure, allegedly from burns to an artery and her intestines that the machine caused. The lawsuit claims that not only is the machine a defective product but that doctors are not given proper training on how to use the machine.

Dangers Confronting Bicyclist in New Orleans

New Orleans has made great efforts to expand bike paths across the city.  The city now has nearly 70 miles of bike lanes in use or under construction.  There are also 14 miles of off-street bike paths, including those in City Park and Audubon Park.  Becuase of these improvements, the League of American Bicyclists has designated New Orleans as a brozen level bike friendly city.  This is a great development for bike enthusiast, environmentalist, and those just interested in exercise or enjoying our wonderful city.  However, these improvements are far ahead of the city culturally.

Drivers have not yet adjusted to the presence of these bike lanes.  For years, driver and pedestrian habits have developed that make riding a bike on city street fairly dangerous.  Many drivers are either unaware of the laws regarding bicycles on public roads or simply ignore those laws.  Perhaps the collective conscience of the city's drivers just does not have bicyclists in mind when driving.

Until those driving cars and trucks become more accustomed to sharing the road with bicycles, it is a good idea for those on bikes to take extra precautions.  First, a bicyclist should never assume that those driving cars see them.  Many drivers aren't looking for bicycles when turning or changing lanes.  Bicycles just aren't on their radar screen. 

Second, don't assume that the drivers of cars know or respect the rules of the road regarding bikes and cars.  Many drivers aren't aware of the laws regarding lane sharing for example.  Additionally, those who do not cycle may not be aware of the danger of passing a bicycle at an excessive rate of speed. 

Finally, it is best to avoid very busy streets and peak rush hour traffic if possible.  Drivers tend to be even less aware of cyclist during these times.  Also, wear protective gear and equipment.  A Helmet can save your life.  Reflectors, lights, and bells significantly increase a cyclist's visibility. 

With time and the increased presence of bicycles on city streets, drivers will adapt and change their habits.  New Orleans now has the infrastructure to become a great city for bicyclists.  However, the drivers on the road need time to adjust.  Perhaps the best advice for bicyclists and pedestrians alike is to follow all traffic laws themselves.  This should help to change the culture.  This means bicyclist need to stop at red lights and pedestrians need to use crosswalks and refrain from jaywalking.  We can't expect drivers to obey the rules of the road while we disobey those same rules.

Bicycle accidents are on the rise and until driving habits change, those on bicycles can never assume the driver will yield right of way, know the law, or respect their right to be on the road. 

For more information on how to protect yourself while bicycling and what to do if you are involved in an accident visit our website.  Also, here is a link to a DOTD Bike Path Map that also shows roads with wide shoulders and bike lanes.

Accident in Louisiana results in death of motorcycle driver

A fatal accident in Louisiana resulted in the death of a 57-year-old motorcycle driver. An investigation is underway to determine the cause of the fatal accident.

The two-vehicle accident took place early morning on Louisiana Highway 379. According to the troopers conducting the investigation, an 18-wheeler going east had come to a stop at a railroad crossing, in accordance with regulations. The 18-wheeler had started driving away from the crossing when two vehicles attempted to pass it.

Program stages mock car accident to discourage drunk driving

A black Ford Mustang and green Chevrolet pickup faced each other, both damaged and with occupants of the cars suffering from severe injuries. A pair of students headed to prom came across the car accident and called for help. Not soon after, the site was brimming with various emergency personnel.

The car accident site differed from others as it was not a real one: It was staged by the Lincoln Parish branch of the Louisiana Safety Commission's Safe Communities Program to teach future drivers the importance of driving safely and the possible repercussions of driving while under the influence or inattentively.

New Orleans police officer apparently causes car accident

A New Orleans police officer whose patrol car earlier this week struck two pedestrians has not yet contacted a young couple who were injured in the car accident. According to the couple, the cruiser ran a red light before striking a taxi and hitting them. They received medical attention with what were described as serious injuries.

According to witnesses, the police cruiser hit an oncoming taxi after charging through a red light. As a result of the impact, the careless driver shot over the curb and hit two people who were walking near the intersection. However, the car's ride was not over yet-it then went through a tall wrought iron fence and struck a pole, where it finally came to a stop. Onlookers took pictures of the car and the substantial damage left by the accident.

New Orleans-proposed legislation could reduce car accidents

Lawmakers in Louisiana have always taken an aggressive stance on road safety. According to state laws, it is illegal to text and drive, and those below the age of 18 cannot use cell phones while operating an automobile. Now, a New Orleans legislator is proposing new regulations that take these laws to the next level: if passed, it would become illegal to talk on the phone while driving without a hands-free device.

According to national studies, car accidents are four more times likely to involve a distracted driver than not. In short, their presence on the roads is a safety hazard. The proposed legislation would be new to Louisiana, but it is not novel. Nine other states already ban using cell phones while driving.

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