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New Orleans Personal Injury Law Blog

Is New Orleans ready for the driverless car?

Imagine if a car could drive itself. One could nap on the way to work, program the car to pick up the kids from soccer practice or legally drive home after drinking too much. The possibilities would be endless. The rate of car accidents would likely decrease over the years and individuals could be more productive in the car.

What may seem like science fiction may actually be a reality for many New Orleans drivers by 2018. Companies like Google and a number of others are working diligently to perfect the driverless car for commercial use. As of now, Google has been testing several driverless cars on active roads. They claim to have had over 50,000 tested miles without human interaction or accidents. The tested car can also park itself, keep a safe distance from other cars and brake to avoid collisions. While not yet perfected, Google hopes to make the driverless car available to the public as soon as 2018.

New guidelines to prevent distracted driving car accidents

The recent "no texting while driving" movement is a prime example of how activists and concerned drivers have tried to make roads a little safer here in Louisiana and across the country. Now the Department of Transportation has created a new "two second" safety guideline that it hopes will contribute to a decrease in the number of car accidents that occur as a result of distracted drivers.

Under the new guidelines, vehicles should be designed to allow drivers to not need to take their eyes off the road for more than two seconds at a time or 12 seconds total in a series of short glances. The new guidelines apply to any number of instruments and devices installed in newer vehicles, including phones and messaging devices, GPS and other navigation equipment, entertainment options and other technology. The guidelines would have exemptions for police, fire, military and any other emergency vehicles. A separate guideline involving hand held devices is being developed and will be released at a later date.

The true risk of working in the offshore industry

New Orleans residents are familiar with working in the offshore industry. A new study released in the wake of the deep water horizon accident confirms what many have known for years: working on an oil rig is dangerous. The potential for a fatal offshore accidents is seven times more likely to happen than in any other industry. One of the most interesting aspects of the Centers for Disease Control and Prevention study is not that the accidents occur, but how they occur.

The study spanned seven years covering from 2003 to 2010. The most dangerous part of the job for offshore workers is getting to the work site. Over 50 percent of the deaths occurred while workers were being transported to their job site. Of that percentage, 49 percent involved helicopters in the Gulf of Mexico. None of these accidents were due to inclement weather. The fatality collected from the Bureau of Labor Statistics Census of Fatal Occupational Industries demonstrated that the fatality rate of offshore workers is seven times greater than for all U.S. workers.

First phase of BP oil spill trial draws to a close

Three years have passed but the saga of the BP oil spill continues. The civil trial to determine negligence has been in session since February 25, 2013. The offshore accident is recorded as America's worst environmental disaster.

The civil suit centers around determining if the actions of BP should be classified as gross negligence or willful misconduct. Gross negligence would multiply the Clean Water Act penalties to a whopping four fold increase. New Orleans federal court has been the site for testimony from a variety of BP officials. BP seeks to limit its liability by pointing the finger at other contractors that provided services for the Deepwater Horizon rig prior to the accident.

Tugboat captain succumbs to injuries

Tragedy has struck on the Louisiana waters. A tugboat captain passed away from injuries received when his tugboat was involved in an accident with an oil well. His tugboat was attached to a barge that carried over 90,000 gallons of crude oil. The source of the explosion is still being investigated but it is believed that the tugboat and barge hit a natural gas wellhead or pipeline when the offshore accident occurred.

After suffering from burns over much of his body, Chad Breaux died during surgery. He was known as a man who had worked or been around water most of his life. Other workers in the industry thought he was a good guy and felt that the accident could have happened to anyone in their line of work. One thing is certain, the loss of one crew member is a loss to many.

King of Pop's promotion company in wrongful death suit

Ever since the untimely death of the King of Pop in 2009, both his family and admirers, including his countless Louisiana fans, have been crying out for justice. Some cries were answered when Michael Jackson's personal physician, Conrad Murray, was later convicted of involuntary manslaughter. Jackson's mother and children have taken one more step towards justice recently by filing a wrongful death suit against AEG Live.

AEG Live was the company responsible for promoting Jackson's 2009 comeback tour. The case centers on a charge of negligent hiring regarding Dr. Murray. In response, AEG stated that Murray was Jackson's longtime physician who continued to treat Jackson in preparation for his tour. Their role was only to pay Dr. Murray on behalf of the pop star. According to AEG, Murray was not their actual employee. However, the Jackson family believes that AEG's role went far beyond that of funding; Jackson's relatives have provided a host of emails to bolster their position. The trial begins this April and is expected to continue for several months.

Product liability case sets record for state's longest trial

New Orleans readers may be familiar with some highly publicized cases about drugs causing birth defects or equipment failure leading to personal injury claims. Product liability cases generally have a plaintiff who presents with a list of injuries that can only be cured by some level of compensation from the defendant or by the removal of a product from the stream of commerce. In one landmark product liability case, however, the plaintiff is a state rather than an individual.

The case surrounds the use of gasoline additive MTBE. MTBE was utilized to ensure that the gasoline sold in the state would comply with the federal Clean Air Act. Expert witnesses for the defense stated that the use of MTBE had the effect of removing over 150,000 vehicles from the state's roads.

Grammercy man dies while at work

Every day Americans head out to work assuming that they will return home again. Unfortunately, those involved in fatal workplace accidents will never return home. One wrong move performing a mundane task in the workplace can sometimes result in a loss of life. For the families of most workplace accident victims, the workers compensation system will provide limited death benefits. The employer is immune from a civil lawsuit if it pays workers compensation benefits, but if there was some negligence on the part of a non-employer third party, a wrongful death suit may be an additional remedy available to surviving family members.

A 56-year-old Grammercy man lost his life while working at the Motiva Refinery recently. The man worked for a maintenance company. The exact cause of the accident is still under investigation but it appears that he lost his life while loading equipment unto a flatbed truck. The equipment allegedly shifted and heavy cylinders fell on top of him. He died at St. Charles Hospital in Luling. The man had worked for his employer for over 30 years before his untimely death.

Court orders drugged driver to pay more compensation for loss

A Louisiana man who is currently finishing his time in prison for his role in a fatal car accident in which he struck three pedestrians, a mom and her two children, recently received both a rebuke and further consequences for his behavior from the Louisiana Court of Appeals. Following the fatal accident, authorities determined that the man had marijuana and oxycodone in his system. At the time he veered off the road and hit the family, he was speeding at 91 miles per hour.

In addition to criminal charges, the family sued the young man for the wrongful death of their loved ones. While the young man may have gotten a break from the judge sentencing him in his criminal case, as he faced 30 years in prison on each count but only had to serve five years total, the civil jury hearing the wrongful death case was not so sympathetic. They awarded the family $2.8 million in damages and an additional $100,000 in punitive damages.

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