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New Orleans Personal Injury Law Blog

A fatal car accident could result in a wrongful death claim

Whether in Orleans Parish or elsewhere, traveling in a car can be a dangerous undertaking. Automobile travel is one of the most dangerous modes of travel, statistically more hazardous than traveling by airplane, train or riverboat. For example, over 3,100 deaths in 2014 were in crashes blamed on distracted drivers.

Many automobile-related deaths can be attributed to the negligence of a person other than the victim. Depending on the circumstances, a driver at fault in a fatal car accident may be guilty of a criminal offense. Are there any other options for a victim's survivors to hold the at-fault driver accountable? There may be. The at-fault driver could be held liable to the victim's loved ones in a wrongful death case. If found liable, the driver could be ordered to pay compensation to the victim's family. Damages could compensate for funeral expenses, pain and suffering and more.

Federal regulations govern towboat safety measures

Towing vessels are an important part of the transportation and logistical infrastructure of the Mississippi River and the port of New Orleans. More than a few Orleans Parish residents go to work each day aboard a towboat. The federal government has promulgated regulations that govern general health and safety requirements aboard towing vessels. This blog post will give a brief overview of these regulations.

First, vessel owners or managing operators must put procedures in place to report unsafe conditions. They must also keep records of health and safety incidents that happen on their towboats, and they must provide incident reports and crew members' own medical records to crew members upon request.

Nearly 30,000 strollers are affected by a product recall

In the wake of the holiday season, many parents in Louisiana may take the opportunity to go for walks with their children. They put their child in a stroller and head out. Some disturbing news involving a product recall may prompt people to check the label on their stroller before using it this week.

Aria Child, Inc., a stroller manufacturer, has reportedly recalled nearly 30,000 strollers as allegedly defective products. According to news reports, there is a danger that the strollers in question could fold up while being used. Reports indicate that either the child or the person pushing the stroller could fall if the stroller folds up while in use. There is also reportedly a danger that the person pushing the stroller could suffer lacerations if the stroller folds during use.

Proving driver and truck company liability for an accident

As people in New Orleans can well imagine, getting into an accident with a truck can be far more injurious than getting into one with a passenger car. The average passenger car weighs 3,000 pounds, while a large truck can weigh in excess of 80,000 pounds. That's over 25 times the weight of the average passenger car. The chances of suffering a serious injury are dramatically increased when a semitrailer truck is involved in an accident.

With this size differential, it is very important for truck drivers to exercise caution while driving their big rigs. For the most part, truck drivers do exercise caution and let their professional training and experience inform their driving. Sometimes, however, they fail to exercise due care, and an 18-wheeler accident with injuries happens. Other times, the driver's trucking company shares some of the blame.

Orleans Parish car crash victims deserve answers

Large numbers of people in Orleans Parish have had their lives negatively affected by car crashes. They are a major cause of death and injury, and in many cases they could have been prevented. Car accidents can take a heavy toll on drivers, passengers and pedestrians alike. Both innocent victims and negligent parties can be casualties.

Not too long ago we told you about a tragic auto accident in which one driver was killed and another suffered moderate injuries and had to be hospitalized. The driver of a passenger car was killed when her car crossed the centerline and collided with a sport utility vehicle. The driver of the SUV was the driver who was transported to the hospital with injuries.

How are damages computed in a wrongful death case?

When a Louisiana family successfully proves liability in a wrongful death lawsuit against a party responsible for the death of their loved one, the family is entitled to an award of damages, to be paid by the defendant or the defendant's insurance company. What factors go into calculating the amount of the damages awarded? This question may seem a bit too direct for someone still recovering from the loss of a loved one; still, it is an important question. This blog post will be a quick attempt at an answer to the question.

The main determinant of the amount of damages awarded is the financial loss suffered by the plaintiffs as a result of the victim's death. Lawyers refer to this financial loss as pecuniary injury. When assigning a dollar value to pecuniary injury, judges and juries take into account factors such as the loss of support and services suffered by the plaintiffs, funeral expenses, medical bills and any lost prospect of inheritance.

What safety measures should fishing vessel operators take?

Many people in and around New Orleans are involved in the commercial fishing industry. The Gulf of Mexico and the lakes and bayous of Louisiana can be great places to harvest fish, crustaceans and other tasty sea dwellers. Strong and intelligent workers are needed to make this industry operate. But working in this industry is not without its risks.

According to the Centers for Disease Control and Prevention, commercial fishing is one of the most dangerous jobs in the country. The fatality rate in the commercial fishing industry is nearly 40 times higher than that of the average American job. Hazards encountered while on the job include falls overboard, machinery on deck and vessel disasters such as capsizing or sinking.

Hours of service must be recorded in a truck driver log

Truck drivers in Orleans Parish and across the country are required to comply with federal hours-of-service regulations. These rules limit the number of consecutive hours that drivers can work. They also mandate that drivers take rest periods during and after their work periods. These regulations exist to keep everyone safe on the road by encouraging truck drivers to get sufficient rest.

How are these hours-of-service regulations enforced? Drivers are required to keep a truck driver log in which they record their work hours and periods of rest. Government officials may inspect these logs to make sure that drivers are properly recording their hours and adhering to the hours-of-service rules. Scrupulous adherence to hours-of-service rules, coupled with rigorous enforcement efforts by government officials, can minimize the likelihood of an injurious or deadly commercial vehicle accident caused by a fatigued truck driver.

Keep an eye out for faulty products this holiday season

With the holidays just around the corner, Louisiana residents will be exchanging gifts with family, friends and loved ones. During this time, Americans may notice an increase in reports highlighting certain products that may be harmful or hazardous to users. It is important to pay close attention to these reports, as every year, consumers are injured or killed due to defective or dangerous products.

Lives changed forever after Louisiana car accident

Our readers know that car accidents happen every day throughout the country. This is just a reality of living in a country where so many people eschew public transportation and drive their own cars. The byproduct of that ingrained social behavior is that any driver or passenger on the roads is inherently placing their own safety in the hands of other drivers. And, in some cases, everyone involved in a car accident pays the price for one party's negligence.

According to a recent report, a car accident occurred in Louisiana in which one driver, a 20-year-old female, died at the scene. The reports indicate that this young woman was driving a Toyota Camry when for unknown reasons she crossed the center line of the road she was on. Her car slammed into a Honda CRV. In the collision the 20-year-old female, who reportedly was not wearing a seatbelt at the time, was ejected from her vehicle. After that, she was struck by a third vehicle, a Ford pickup truck.