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New Orleans Personal Injury Law Blog

Injured offshore workers can recover under Jones Act

Whenever a worker in Louisiana or another state suffers an injury while working at a construction site, in an office or at another land-based place of employment, they may be entitled to benefits under the state workers' compensation statute. The worker files a workers' compensation claim, and the claim is approved or denied based on the specific facts at issue. But, what if a worker on a sea-going vessel suffers an injury while on the job in an offshore accident?

Is there a process for them to recover for their injuries? There is.

Car accident victims in Orleans Parish may have legal options

Many Orleans Parish residents have experienced the misfortune of a car accident. The property damage alone can be devastating, as people must figure out how to get through life without a car, at least for the short term. Even more devastating is the scenario where a victim suffers personal injury and has to deal with the repercussions. If the victim is killed in the accident, the effects can be even more severe.

Not too long ago, we told you about a case where two teenagers were accused of involvement in a car wreck where another teenager was killed. One teenager was accused of negligent homicide and reckless operation of a vehicle. The other teenager was charged with being an accessory to negligent homicide. If the accusations of police and prosecutors can be believed, these teenagers violated the law against leaving the scene of an injury accident without providing assistance to victims.

What are the causes of commercial vehicle accidents?

It's probably obvious why an 18-wheeler accident is a much bigger deal than an accident involving passenger cars only. Semitrailer trucks, dump trucks and other large commercial vehicles can have 25 times - or more - the mass of a passenger car in Louisiana. What this means is that truck drivers, trucking companies and truck manufacturers are held to a higher standard than the drivers, owners and manufacturers of passenger vehicles.

What causes commercial vehicle accidents? It should be remembered that truck drivers in general have been found to be much more careful drivers than passenger car drivers. This is not surprising because driving is their job, and most people make an effort to be good at their job. This means that many big-rig accidents are the result of things not the fault of the truck driver. This can include bad driving by other vehicles and sudden, unforeseeable road hazards.

Man working in refinery dies in fatal workplace accident

There are certain jobs in New Orleans and throughout Louisiana that are known to be dangerous and the employees and their families know that there is the chance that an accident can happen with injuries and death. Other jobs might not be as risky, but there is always the possibility that an unforeseen occurrence will happen and a fatal accident will happen. Those who have suffered the loss of a loved one in a fatal workplace accident need to know of all the various issues they will be confronted with and how important it might be to their future to seek to be compensated in a wrongful death claim.

A man working in a refinery died in an accident on the job. The exact details of the accident have not been provided, but it is known that the man was injured and rushed to the hospital for treatment. It was in the emergency room where he later died. The man, 55, is not the first to be involved in an incident at this particular location. In 2013 alone, there were 22 incidents introducing pollutants into the area surrounding this plant. In 2014, there were 18 reports of problems including waste water being discharged in an unauthorized manner, oil spills and the excess release of sulfur dioxide. In 2012, there were 17 incidents.

Answers to some basic questions about wrongful death law

Whenever an Orleans Parish resident is killed as a result of the negligence of another person, the loved ones of the victim may want to learn more about pursuing damages in a wrongful death action. We have answered some fundamental questions about wrongful death cases in earlier blog postings. Here we will address some more common questions and important distinctions in this area of law. Please remember that this is general information only and is not meant to be specific advice applicable to your unique situation.

First, there is an important distinction that relates to the cause of the victim's death. It specifically has to do with who can bring a claim. If the victim dies as a result of the injuries that are the subject of the wrongful death claim, the heirs of the victim may file the case and recover damages if they prevail. On the other hand, if the victim dies of an unrelated cause after the injury, the victim's personal representative or executor can bring a personal injury case against the defendant.

Items containing asbestos can be dangerous products

People in New Orleans have no doubt heard that asbestos is a dangerous material. Much effort and money is spent to remove asbestos from older buildings. Although the likelihood of encountering asbestos today is much lower than it was years ago, the effects of asbestos are still felt by people today. This blog post will talk a little bit about asbestos and the law.

Asbestos, an industrial product, was formerly used as a fire retardant and as insulation. It consists of thin, lightweight fibers that tend to separate from larger masses of asbestos and float in the air. When inhaled by humans, the fibers end up in the lungs. These asbestos fibers in the lungs can cause health problems such as asbestosis and mesothelioma. Asbestosis is scarring of the lungs, leading to respiratory problems. Mesothelioma is a virulent form of cancer affecting abdominal cavities or the lining of the chest.

Injured offshore workers have rights under maritime law

Injured offshore workers should be aware that, depending on the circumstances of their injuries, they may have rights under maritime law. If the injuries are due to another party's negligent acts, a worker may have a case against the other party. It is important for injured workers in Louisiana to hold these parties responsible for their actions.

Not too long ago, we told you about the case of an offshore worker in Louisiana. The man was injured when another crew member on a fishing boat allegedly pulled up on a net, catching the worker's leg and causing injury. The worker sued the boat operator and boat owner. The worker said that his injuries were caused by negligence.

How does the law determine negligence in a car wreck case?

Not too long ago, we mentioned in a blog post that a driver who acts in a negligent manner may be liable for any damages that result from the driver's negligence. How does this work? How does the law determine that someone has driven a car negligently? This blog post will provide a little more information on the topic of negligence, for the benefit of Orleans Parish readers.

Motorists owe a duty of care to others. Among other things, they are expected to keep a proper lookout while driving, to minimize the chances of a car wreck. If the driver was engaging in certain kinds of activities at the time of an injurious car accident, the injured party may argue that the driver breached their duty. These activities could include texting and driving or other activities indicating inattentiveness to the task of driving.

Sleep disorders and the danger of fatigued truck drivers

Truck drivers face enormous pressure to travel long distances in a short amount of time. As a result, truck drivers can face an incentive to work long hours, even when they are so tired that they pose a risk to themselves or other drivers on the road. For this reason, the Federal Motor Carrier Safety Administration and other agencies have rules in place that limit the amount of time truck drivers can be on the road without rest.

Another factor that can lead to dangerously fatigued driving is a sleep disorder. Obstructive sleep apnea is a disorder that will cause disruptions in sleep and lead to fatigue during daylight hours. The American Academy of Sleep Medicine has argued that the absence of a test to determine whether a driver is suffering from sleep apnea can lead to serious injury and fatalities due to a truck crash. The FMCSA, in association with the Federal Railroad Administration issued a notice that the agencies are seeking to change the current rules for drivers to receive tests, evaluations and treatment for the disorder.

Fatal car accident with police car kills elderly woman

When a person heads onto the road in New Orleans, there is the chance that there will be a car crash. In the most unfortunate circumstances, these accidents can result in a fatality. With any fatal accident, the family left behind will have to come to terms with the loss of a loved one in an emotional, practical and financial manner. This can be difficult. This is why when a fatal car accident occurs, those who are left behind need to be fully aware of their rights to seek compensation through a wrongful death legal filing.

Indeed, an accident in Marrero between a 2011 Ford Crown Victoria and a sheriff's cruiser resulted in the death of the 72-year-old female driver of the Ford. The accident happened as the officer was heading toward the scene of a burglary. According to the investigation, the woman was making a turn at an intersection when the crash occurred. The deputy had turned off the overhead lights on his vehicle as he had been informed that the suspects in the burglary had left the scene. The officer was also injured with a broken leg and cuts. It is not known at what speed the officer was traveling.