Who’s At Fault in a Roundabout Car Accident in Louisiana?

Roundabouts are widespread across the country and in Louisiana. When used in the manner designed, traffic circles are safe and efficient. However, many drivers are unaccustomed to driving in roundabouts and cause car wrecks. When car accidents happen in roundabouts its essential to know who’s at fault for the wreck.

Once a car has entered the roundabout, it has the right of way. The driver without the right-of-way is typically at fault for a wreck in a roundabout.

If you are the driver with the right of way, you likely are not at fault for causing the car wreck. However, because there are a variety of reasons for car accidents in roundabouts, we will look at the legal obligations in more detail.

Why is it important to determine who’s at fault?

Determining fault is vital in a car wreck because fault establishes liability, that is: who made the mistake that led to the accident. The party liable for an accident is responsible for paying the other persons’ damages caused by the wreck.

When a car wreck happens in a roundabout, just like other accidents, it’s essential to gather information to support your position.

Parties in a car accident often disagree about who is at fault for the wreck. So take steps to ensure your version of the events is established. Accident reports, witness statements, and pictures can be used to prove your case.

Police Reports

Call the police as soon as practicable after an accident. The officer sent to investigate the wreck fills out a standard accident report. In the form, he notes the traffic conditions, time the accident occurred, weather conditions, and other details crucial to the wreck.

Other responsibilities of the investigating officer include noting the conditions of the drivers, take witness statements, and documenting their names, addresses, and telephone numbers.

Request the name of the investigating officer, the law enforcement agency he represents, and the report number. The information is needed for you to request a copy of his report. After you receive a copy of the report, review it for any errors, and request an amendment if you find mistakes in the report.

Witness Statements

Independent witnesses are often the pillars to determining fault in a car accident. After a wreck, speak to as many people as possible at the scene. Find out who saw the accident and collect their name, telephone number, and address.

The investigating officer should have the witnesses’ names, telephone numbers, and addresses on the accident report. Still, they don’t always do what they are should, so you need to get the information as well.

Even when an officer gets witness information, it not always written legibly or doesn’t accurately memorialize their account. You may have to contact the witnesses to confirm their honest recollection of the facts surrounding the accident. If the witness supports your position, volunteer to draft the account and ask them to sign it.

take photographs

Almost everyone has a camera on their phone, so take advantage and take pictures of the accident site. Include photos of the cars involved in the accident, the drivers, and witnesses.

In roundabout accidents, pictures can tell your story, where the cars were located, the severity of the damages, and assist in determining who is at fault for causing the wreck. The photographs are often your best evidence in proving your case.

Who’s at fault for a rear-end car wreck in a Roundabout?

The car in the traffic circle has the right away; however, what happens in a rear-end accident. The following vehicle is presumed at fault in accidents. The presumption of guilt can be overcome in some instances but not likely when traveling in a roundabout.

Cars in a roundabout are responsible for maintaining a safe distance between themselves and the vehicle in front of them. In traffic circles, the gaps between cars are shortened to only a few feet from one another.

If the driver of the following vehicle is not paying attention, traveling too closely, or speeding it likely won’t have time to brake if the car ahead slows down suddenly. The following car is typically at fault for causing a rear-end collision in a roundabout.

Who has the right of way in a roundabout?

The rules of the road establish which party has the legal duty to grant a ‘right of way’ to other road users. But just because another driver should give way to you doesn’t give you the absolute right to crash into them if they don’t.

All users of roundabouts should be alert, patient, and considerate. The purpose of a traffic circle is to keep the flow of traffic moving. However, don’t believe you have ‘right of way’ and you are impervious or at a reduced risk of being in a crash.

Vehicles, including bicycles, already in the roundabout have the right of way in a traffic circle. Cars approaching a roundabout must give way to any person already established in the traffic circle regardless of which direction they are coming from.

In roundabouts with multi-lanes, a driver should be aware of which lane will get them to their destination before they enter the traffic circle. If they start to exit at the wrong spot and attempt to swerve back into the roundabout, they could cause a wreck. If a driver causes a rear-end accident when swerving back into a traffic circle, they are likely at fault.

Traffic approaching from your right has priority unless directed otherwise by signs, road markings, or traffic lights. Pay attention to road markings, which may allow you to enter the roundabout without giving way.

If so, move forward with caution and still look to the right before joining. Note that drivers in roundabouts often don’t signal at all or signal incorrectly.

The Louisiana Department of Transportation and Development provides a PDF pamphlet with diagrams and rules applicable to roundabouts. You can access the rules by clicking on their links.

What happens if you miss your exit on a roundabout?

If you miss your exit, you should indicate with your blinker you are continuing right and go all the way around the traffic circle. When you see your exit put on your blinker indicating you are leaving the roundabout.

Roundabout car wreck claims.

One of the most common places traffic accidents occur are either in or approaching roundabouts. Approaching and driving in a roundabout takes awareness of not only your positioning but also the location of other cars.

Accidents in traffic circles are typically due to drivers getting in the wrong lane for the exit that they want and end up cutting across and running into other drivers.

If you have been in a roundabout accident and suffered an injury, as a result, contact our office. Roundabout claims are often complicated because liability is not clear. We can help navigate your claim to a successful resolution.

Have You Been Injured In A Car Accident?

If you’ve been injured in a car accident, call our office and speak to Sonja Bradley. She is a lawyer experienced in car wreck cases. You can call our office directly at (225) 686-8006 to schedule your free consultation.

Are Parents Liable for Their Children’s Car Accidents?

Your eldest child got her driver’s license, and then she got into a car wreck. Fortunately, no one was severely injured, but she was at fault for the accident. Now the question is, are you, as her parents liable for the damages she caused?

Parents can be financially responsible for damages caused by their children who are at fault in causing a car accident. Parental liability differs by state, but the general theories of liability for parents are negligent entrustment, vicarious liability, and driving privilege application laws.

The facts and laws are pivotal in determining a parents liability for the damages caused by their child’s negligent driving,

Theories of Parental Liability for a Childs Car Wreck

Teenage drivers are the highest risk drivers for causing and being involved in car wrecks. According to the Centers for Disease Control and Prevention, car crashes are the leading cause of death for teens ages 16-19. Yes, your child’s welfare is a concern, but let’s examine when you can be held liable, even when you weren’t in the car.

Vicarious Liability for a Child’s Negligence

Vicarious liability is a legal doctrine establishing the responsibility of a person who had the right, ability, or duty to control the actions of another person.

Vicarious liability is based on a relationship with the person who caused the injury. Parents must responsibly supervise and educate their children. The relationship between parent and child establishes responsibility and vicarious liability applies.

Some states impose parental liability by statute for a child’s intentional or negligent acts and also limit their monetary liability. States will have different laws concerning vicarious liability. For this reason, it’s imperative to check the laws where the accident occurred.

Parents Vicarious Liability in Louisiana

In Louisiana, a parent can be held responsible for the damages caused by their unemancipated minor child. Louisiana Civil Code article 2318 codifies the vicarious liability of parents for a minor child.

It establishes that unless a minor has been emancipated either through a legal judgment or marriage, parents are responsible for any damages caused by their minor children.

Parents remain liable even if the child is placed under the care of another person and does not reside with them. However, the parent may reserve the right to proceed against the party caring for the minor.

Parents Vicarious Liability in California

Under California law a parent is vicariously liable for the damages caused by their minor child in three circumstances: 1) When their child’s willful misconduct results in injury,

When their child’s willful misconduct results in an injury;
When their child’s negligent driving resulted in a car accident; 9. CIVIL LIABILITY [17000 – 17714]
When a child causes an injury when using a firearm, the parent allowed the child to use it.

Under Californias, vicarious liability statute parents’ exposure is limited to up to $25,000 for their child’s willful misconduct. To be liable, the child’s action has to result in injury or death to another person or property, and pain and suffering are not recoverable. Californian Civil Code 1714.1.

Parents Vicarious Liability in Texas

The state of Texas established civil liability on “a parent or other person who has the duty of control and reasonable discipline of a child.” Texas statute 41.001.

The statute caps damages to $25,000 of actual damages, so there is no recovery for pain and suffering or other general damages. It also limits the ages of children it covers from 10 to 18 years of age.

Statute 41.001 is not the end-all. Aggrieved parties may still file a civil suit against parents if they can show the child had a propensity for bad behavior, and the parents were aware of it.

Parents’ have a “duty of care” to prevent their child from causing foreseeable harm, such as joyriding and crashing a neighbor’s car. Parents that breach their duty of care are liable for the damages caused by their breach.

Parents Negligent Entrustment of a Vehicle to Their Child

A parent can be liable under the theory of negligent entrustment if they knew or should have known the child was not able to operate the vehicle safely but allowed the child to drive anyways. The elements to establish a negligent entrustment claim are:

The vehicle owner knowingly allowed the driver to take his vehicle;
The driver was reckless, incompetent and/or unlicensed;
The vehicle owner knew or should have known the driver was reckless, incompetent and/or unlicensed;
The conduct of the driver was negligent, and a cause of the accident and the negligence was the proximate cause of the crash

For example, a parent knows his child is drunk, gives him the keys to his car. The child loses control of his vehicle because he is intoxicated and causes an automobile accident.

Parental Liability Under Driving Privilege Application

Some states require parents to assume the liability of their minor children in the application for a driver’s license. This is true for California and Florida. California Vehicle Code 17707 VC imposes liability on the person signing the minor application for a driver’s license.

What to do When your Teenager has a Car Accident

Your daughter just called you and let you know she has been in a car accident. After you check to make sure she is alright, what do you do next? Try to talk to her calmly and ensure her everything will be ok.

Accidents can rattle adults but it is especially difficult for young drivers. Stress, panic, and anger will lead to more problems, so everyone needs to stay calm. Ask her to check on anyone who may be injured.

After she has checked that everyone is stable, and tell her to put on her hazard lights. Next, ask her to call 911 and give a detailed description of her location. She needs to ensure they know where she is before she gets off the phone.

Tell her not to speak to anyone other than the officer about the facts of the accident. Instruct her to not apologize or say, this was all my fault. Advise her to stay in the car until the police arrive. Her safety is the primary concern.

You need to go to the scene of the accident. Once there, exchange information with the other driver and get the name and agency information of the investigating officer. You will need this information to request a copy of the accident report.

Write down the name and address of any witnesses. Take notes about the witnesses and what they said to you at the scene. Take photos of the vehicles and the location of the accident. Also, take a picture of the other driver’s license plate, skid marks, and anything else that may be relevant about the crash.

Talk to your children about safe driving and what to do in case of an accident. Knowing what to do in case of an accident can protect teenage drivers. Car accidents involving teens happen every day, being prepared, and knowing what to do can minimize the impact.

Car accidents can be extremely stressful and emotional, and an experienced attorney can assist you in receiving the compensation you deserve. Call our office to speak to an attorney experienced in representing car accident victims.

What Happens if you get in a Car Accident Without a License?

You don’t have a license and you were in a car accident. The car wreck wasn’t your fault. Do you have the right to recover damages for your damages and injuries? What happens if you get in a car accident without a license?

Driving without a license is a violation of the law, but it’s also a completely separate issue from your claim for damages. The party at fault is responsible for the damages to your vehicle and any injuries you’ve sustained.

Louisiana negligence laws require the party that causes damage to another to repair it. This mandate is independent of your responsibility to have a driver’s license.

Can You File a Claim against another Party if you were Driving without a License?

Yes, so long as you are not at fault in causing the accident. Unlicensed drivers are not automatically liable for an accident because they don’t have a valid license. Liability is based on the negligence of the parties.

The fault for the accident is dependent on which party failed to act responsibly and safely. For a person without a license to be liable, he must have operated in a careless way that led to the collision. To learn more about proving fault read this article.

Driving Without a License in Louisiana

Although you can recover damages if you were in a car wreck without your license, you have violated Louisiana law against the operation of a motor vehicle without a valid license.

Anyone operating a motor vehicle on a Louisiana highway must possess and present a valid driver’s license when requested. A licensed driver without immediate possession of the license is subject to a fine of $10 to $500 and up to six months in jail.

Under Louisiana’s “Wallet Program,” a digital image of the driver’s license presented via the driver’s cellphone is sufficient. Driving a car without your valid driver’s license on you is not as severe as driving with a suspended or revoked license.

While you will likely get a ticket, it’s a simple traffic violation and not a misdemeanor. Courts often dismiss the ticket if you show up at court with your valid driver’s license, although you may still be fined.

Driving While Suspended or Revoked

A person who operates a vehicle during the time his or her license is suspended or revoked is subject to jail time, fines, and an extension of their driving suspension. Driving after your license has been suspended or revoked is a crime.

If you are charged, your sentence depends in part on the type of license you had and whether you had prior convictions for driving on a suspended or revoked license. For persons with Class D or E driver’s license, the maximum sentence is a $500 fine and six months in jail. (La. Rev. Stat. § 32:415 (C)(1).

If you have a class A, B, or C driver’s license, the maximum sentence could be $5,000, six months in jail and a civil penalty of $2,500. For any conviction of driving on a suspended or revoked license, your period of suspension or revocation may be extended for an additional year.

Can you go to jail for not having your license?

Persons driving without a valid license can be charged with a misdemeanor. Not having a valid license includes persons who have never had a license or failed to renew an expired license. If charged and convicted, you face up to six months in jail and a maximum fine of $500.

Driving with a suspended license is a misdemeanor and is punishable by up to six months in jail. You can be fined up to $500 unless you were driving a commercial vehicle, then the fine can reach $5000. Also, an additional year is added to your driving suspension.

However, if your driving privileges were suspended because of a DWI conviction, more severe penalties can be assessed. Check the statute for up to date penalties. It is prudent to get a driver’s license issue straightened out as soon as possible.

Getting your license allows you to drive legally, and you gain some credibility when dealing with the insurance company and courts. It is typical for either of them to use your continued lack of a license against you.

Can you get in trouble for letting someone without a license drive your car?

Typically, if you let someone drive your car, which you believe had a valid license, but they didn’t, you shouldn’t get into any trouble.

However, if you allow a person without a license to drive your car and they were involved in an accident, you could be held responsible if you knew or should have known that the person was unlicensed or had a suspended license.

You could be held civilly responsible under the doctrine of negligent entrustment. To establish liability it must be proven that you knew or should have known the person was unlicensed at the time. The best approach would be to call a lawyer who concentrates on these types of issues, because Louisiana’s negligence laws are relatively broad.

Does having no driver’s license play a role in determining negligence in a car accident?

No, not unless the failure to have a driver’s license played a role in the car accident. Louisiana negligence is established in Civil Code Article 2315: Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. Civil Code Article 2315 (A)

Courts use the following criteria in their analysis to determine the validity of negligence claims:

Was the conduct a cause in fact of the harm? In other words, “but for” the actions of the defendant, the plaintiff would not have been injured; and such conduct is a cause.
Was a duty owed to the plaintiff by the defendant? Did this defendant owe a duty to this plaintiff, either by law, regulation, or custom?
Did the defendant breach this duty? Did the defendant deviate from the duty owed to this plaintiff?
What was the scope of duty breached? Was the duty breached meant to protect this plaintiff from this type of injury? The answer to this question is case-specific. Facts are used to determine foreseeability and ease of association.
What damages were suffered by the plaintiff? Were the damages suffered caused by the breach of the duty owed to the plaintiff? To read more about Louisiana Negligence law click here.

Will insurance cover an unlicensed driver?

It depends on the facts surrounding the unlicensed driver. Insurance companies require a valid license before they issue insurance. Also, many insurance companies have exclusions of non-coverage for owners/drivers with a suspended license.

However, if the car was borrowed, then the insurance typically follows the vehicle. If a person with valid car insurance decides to loan his vehicle to an unlicensed person, then the insurance should cover the damages caused by the unlicensed driver. One caveat, the owner, doesn’t know the person is unlicensed at the time he loaned the vehicle.

The best way to protect yourself have adequate UM/UIM coverage as part of your auto insurance policy and to hire an attorney experienced with car accidents.

These two actions will ensure you receive fair compensation for your damages.

Sonja Bradley has successfully navigated many cases through the settlement process and courts for accident victims throughout Louisiana.

If you want someone by your side to ensure you receive the compensation you deserve, contact our offices in either Hammond or Livingston, Louisiana.

Can I Sue A Trucking Company Without A Lawyer?

Yes, an individual in Louisiana can file a civil lawsuit in federal or state court without an attorney. Civil actions filed without an attorney in federal courts are referred to as proceeding “Pro Se.” You can click on the link here to access helpful federal civil filing forms.

While the option to represent yourself may seem like a good idea, trucking accidents are very complex. Trucking companies and their insurance companies have experienced attorneys representing them.

These attorneys’ job is to save their clients money, and they use every legal trick to avoid paying accident victims for the damages suffered through their clients’ negligence.

Let’s look at some things you need to consider when going against a big rig company.

Theories of Liability

Driver Error

Employers are responsible for the negligent acts of their employees under the doctrine of vicarious liability. In Louisiana, vicarious liability is established in Civil Code article 2320 by the theory of respondeat superior.

Article 2320 states, “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” Truck drivers typically work for a company.

Companies often hire drivers and categorize them as independent contractors. Specific rules must be followed for a driver to be an independent contractor, regardless of how the company characterizes his employment status. Employment status is an issue that must be diligently examined.

Driver Violations

Federal law restricts the hours a driver can drive a commercial truck per day. The government also has established rest intervals between trips. Drivers and their employers make more money when transporting goods than when resting.

To make more money, they often try to get around the resting mandates, and this often results in accidents. When a driver is on the road too long, he becomes fatigued, sleepy and inattentive.

All commercial drivers maintain a logbook, and you must examine this along with any tracking devices on the truck. You can obtain the information through discovery. It is also necessary to check the numbers and dates for accuracy.

You can often find discrepancies in logbooks when compared to the tracking information and maps. Companies are responsible for the proper training of their employees, and in monitoring their trips for any apparent violations

Hiring Practices

It is critical to know the driving history of the driver who caused the accident. If the driver has a history of accidents, DUI’s, or reckless driving violations, he shouldn’t have been behind the wheel of a big truck.

Trucking companies are responsible for who they hire. Hiring a driver with a bad driving record is negligent, and they should be liable. Also, if the company relied on an outside source to screen drivers, they may be responsible.

Once a driver is hired, the employer must monitor his current driving record. A company is negligent if they allow their driver to continue driving if he has failed drug screens or alcohol screens, caused numerous accidents, or received traffic violations for reckless driving

Maintenance

Mechanical failure can cause accidents. In a case involving mechanical failure, the maintenance records must be examined. Federal law requires trucking companies to keep detailed maintenance logs. Failure to have proper maintenance records or failure to provide proper service is violations and a step in proving negligence.

Cargo

All cargo must be properly secured for travel on the roadways. If the load shifted during transportation because it was not secured and was a factor in causing the accident, the company is negligent.

Parties that may be liable in a Trucking Accident

Truckers are responsible for their negligent acts, and the trucking companies are responsible for the negligence of their employees’ negligence and the safety of their trucks. But often, other parties bear some responsibility for the damages you have suffered.

Truck driver

A trucker has a responsibility to check his rig for proper loading and maintenance. If the accident was caused by something he should have noticed during an inspection, he could be found negligent.

If an accident occurred because of speeding, fatigue, alcohol, or distracted driving of the trucker, he is liable for his negligence.

Trucking Company

The trucking company, also called a “carrier” is responsible for its drivers and trucks on the roads.

Trailer owner, Cargo shipper, and loader

In the trucking industry, it is common for carriers to work as contractors for other trucking and cargo companies. In these instances, there are multiple layers, and all have a responsibility to follow safety regulations and act prudently.

Violations of acceptable standards or regulations by the other trucking or cargo companies could result in liability for your damages. All their records need to be examined thoroughly. If a trucking company is pulling a trailer owned by another company, the trailer records need to review. Failure to properly maintain trailers often leads to accidents.

Vendors

Big trucking companies hire vendors to perform work, such as running background checks on drivers. Your accident may be caused by a failure to perform a duty a vendor had the responsibility to conduct, and this would make them responsible for your damages. Third-party vendor’s involvement must be looked at to determine if they have liability for causing the accident.

manufacturer

Manufacturers make parts that fail, either by an unsafe design or in construction. If a manufacturer was negligent, then they are responsible for the damages you suffered and will be a party to the lawsuit. Faulty product design or manufacturing could be a product liability case.

Government agencies

Unsafe roadways cause many accidents in Louisiana. If the road was a contributing factor to the wreck, the local or state government might be held accountable.

The contractor hired by the government to work on a section of the road could also be found negligent. The contractor is negligent if his work was shoddy or didn’t comply with acceptable standards, and the substandard work contributed to causing the accident.

Involved in an Accident with a Semi-Truck? Call Sonja Bradley Today

Accidents involving trucking companies are difficult to pursue without an attorney. The Law Offices of Sonja Bradley has the experience and resources necessary to thoroughly investigate a truck accident and bring a claim against all parties responsible for your losses.

Before you agree to settle your claim with an insurance company or lawyers for a trucking company, schedule a meeting with our office, we will provide a review for no charge.

Can I Have Delayed Onset of Back Pain from a Car Accident?

You had a car accident and didn’t feel much pain at the scene. But in the days and weeks following the accident, your back begins to hurt. Is the back pain from the car wreck? Can a person have delayed onset of back pain from a car accident?

Yes, it’s common for victims of car accidents to have delayed injury-related pain after a car wreck. The back pain could be a severe injury and not realized at the time of the collision.

Even collisions resulting in minor damage to your vehicle can cause serious injury. We are all individuals and our bodies react differently to injury and pain. Some people may feel pain immediately, and others not.

How Long does it take for a Back Injury to Show Up?

The length of time a back injury causes an individual back pain varies based on the person and type of injury. Victims of car accidents are excited, and their adrenaline is flowing, masking pain.

Most people at the scene are concerned about superficial cuts and bruises; otherwise, they are happy they walked after the accident. It isn’t until they go home and try to relax that they begin to feel the pain caused by the wreck.

Often a person will wake up the next day stiff and sore in parts of their body that felt normal when they went to sleep. Even more often, the pain is not noticeable until days following an accident.

The time-lapse between the collision to the feeling of pain often happens in injuries to the spine. The gap in time is due to the complex nature of the spinal structure.

Sometime pain may not become evident for days or weeks after the wreck. The spine is the most frequent area affected in an auto collision, more specifically the back and neck.

How Long Does Back Pain Last After a Car Accident?

The severity of your injury determines the length of time back pain lasts. In most cases of muscle strains, soft tissue damage, and bruises should heal with six weeks of the accident.

The National Institute of Neurological Disorders and Stroke conducted a study of whiplash victims and found their rate of recovery from soft tissue injury to be within three months.

The length of time a person suffers back pain depends on the seriousness of the damage caused to the spine. Some people experience back pain a year or longer, even for the rest of their lives.

An MRI or CT scan of your spine will be able to determine the source of your back pain and help determine the length of time you could suffer in pain.

How do I Know if My Back Injury is Serious?

Most cases of back pain are the result of soft tissue damage often referred to as strains or sprains. Strains and sprains happen when a person’s muscle or ligaments tear or overstretch. These can resolve over time but should be examined by a physician.

Symptoms of back sprains or strains include tenderness, swelling, and muscle spasms. These can resolve with the passage of time, but it is prudent to schedule an examination with a physician.

However, the following symptoms are indicators that require you to see a physician:

severe lower back pain
bowel and bladder problems
numbness, weakness, or loss of sensation in one or both legs
difficulty walking tingling and numbness that radiates down the legs.
prolonged back pain

The symptoms described above are indicative of a serious problem with the spinal structure, possibly a herniated disc pressing on a nerve root. It could also be vertebrae damage or ligament.

If you have any prolonged back pain schedule an appoint to see a spine specialist. It is best to see a doctor as early as possible for treatment to avoid any permanent damage.

Why does my Lower Back Hurt After a Car Accident?

Your lower back mostly likely is causing you pain because you suffered either a muscle sprain strain or have discogenic pain. Discogenic pain originates from damage to a vertebral disc.

The most common causes of discogenic pain are lumbar sprains, spinal stenosis, disc herniation, and degenerative spinal diseases.

Lumbar Sprains

Sprains in the lumbar region are the result of overstretching of the ligaments, muscles, and tendons in the back caused by trauma. Strains and sprains typically can’t be diagnosed by imaging and instead rely on doctor experience and patient consultation to determine the diagnosis.

Spinal Stenosis

Spinal stenosis refers to a narrowing of the channel housing the spinal nerves and spinal cord. Spinal stenosis happens in the natural course of aging; however, it can be caused by trauma such as a car accident.

Trauma can rupture disc or bone fragment and invade the spinal canal space, applying pressure to the nerves or cord, resulting in pain.

Disc Herniation

The spine has a cushion-like disc between vertebrae, the vertebral disc is filled with a soft material. When the material protrudes out of the disc, it’s referred to as a disc herniation. The protruding material often contacts the surrounding nerves causing pain.

Degenerative Spinal Diseases

Degenerative disc disorders is a general term used to describe many different injuries and symptoms related to the break down of the spine or its parts as the body ages.

How Long After a Car Accident Can You Claim Injury?

If you have been involved in a car accident, there is a time limit within which you must file a personal injury and property damage claim. Unfortunately, each state has its own time limit. So be sure to check the time limit in the state you had your accident.

If you were hurt because of another’s negligence, then you are entitled to receive compensation for your losses and pain and suffering.

Time Limit to File a Personal Injury Claim in Louisiana

Louisiana has a brief window of time to file a personal injury claim, one year. Your legal claim for damages must be recorded in the court within one year of the date of the car wreck. The one-year limitation includes a claim for property damage as well. The time limit begins on the day of the crash.

The time limit to bring a suit is based on Louisiana Civil Code Article 3492, which states: “Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”

Article 3492 codifies that any lawsuit for injury or property damage must be filed within one year, which includes any claim for injury or vehicle damage by a driver, passenger, pedestrian, motorcyclist, or bicyclist after a traffic accident.

If you’ve been involved in a car accident and sustained injury contact Sonja Bradley, in Hammond Louisiana, or Livingston Louisiana.

Why Are Car Accidents So Common

Traffic accidents seem to occur more and more frequently, especially in Lousiana. In this article, we’ll look at some of the most common reasons for car accidents, and steps to help prevent them.

The most common cause of car accidents is distracted driving. Drivers on cell phones, eating, texting, or even reading while driving is all instances that lead to distracted driving accidents.

Distracted driving is a significant cause of accidents on the roads in the United States, but it is not the only causes. Speeding, driving while impaired, and road conditions are also factors in causing automobile collisions.

Distracted Driving: A Common Cause of Automobile Accidents

According to the National Highway Traffic Safety Administration (NHTSA), over 3,100 deaths were caused by distracted drivers in 2017. Distracted driving is considered any activity that takes your attention away from driving safely.

Distracted driving can be broken down into three categories:

Visual: Looking away from the road while driving;
Manual: removing your hands from the steering wheel; and
Cognitive: taking your mind off of driving

The biggest culprit of distracted driving is texting. Reading a text diverts your eyes from the road for 5 seconds. If a person is driving 55 miles an hour, you will travel approximately 100 yards without seeing the way.

If you have to text or use your cell phone, the best practice is to pull your vehicle in a parking lot and take care of your business. Texting and driving are too risky.

Driving requires your full attention. States have initiated laws curtailing the use of a cellphone while driving. Visit the Governors Highway Safety Association website, from this site, you can access the applicable laws for each state.

Speeding: A Cause of Automobile Accidents

Speeding causes car accidents; it led to the deaths of over 9,700 people in 2017. Driving at excessive speeds is dangerous, plan and comply with designated speed limits.

Speed limits are established based on road conditions and traffic. Accidents caused by excessive speeding has resulted in 26% of all traffic deaths.

Speeding not only endangers the person driving too fast but also the other people on the road. The NHTSA has put together information to help reduce the number of automobile accidents caused by speeding. You can read their message here.

High-speed drivers are more likely to lose control of their vehicle and requires a greater distance to stop. Accidents occurring at higher speeds increase the amount of damage and injury.

Driver Impairment: A Cause of Automobile Accidents

Driving Drunk

Alcohol reduces muscle coordination and reaction time. It also impairs proper thinking and reasoning, which reduces a persons ability to operate a vehicle safely. Driving under the influence of alcohol results in the deaths of almost 30 people per day.

Driving under the influence is dangerous and it’s illegal. Every state has laws making it illegal to operate a motor vehicle with a Blood Alcohol Concentration of .08 or higher. Blood Alcohol Concentration is the alcohol level measured by the weight of alcohol in a specific volume of blood.

Over 10,000 people died in car accidents involving drunk drivers in 2017. The 2017 number is consistent; the average amount of deaths over the last ten years is over 10,000.

Driving drunk is not only dangerous; it is expensive. If you are charged with a DUI, the penalties can include hefty fines, jail time and suspension of your driver license.

Fines can reach thousands of dollars, and if you have to retain an attorney, look to spend upwards of 10,000 dollars. To learn more about DUI laws in Louisiana, read our article.

In many states, people convicted of DUI are ordered to install an ignition interlock device. Interlock devices require a prospective driver to blow into the device before the vehicle starts.

If the operators BAC is above the pre-set limit the ignition will not unlock and allow the vehicle the be started. Interlock devices are an additional expense borne by the person charged with DUI.

If you like to drink alcohol, follow these steps:

Have a designated driver before you begin drinking;
Have telephone numbers of friends or family members you can call if you’ve been drinking,
Plan to call a taxi or Uber driver;

If others are drinking, follow these step:

Do not let friends get behind the wheel if they have been drinking, take their keys;
If you host a party and plan on serving alcohol, be sure all guest have a safe way home;
Encourage others to wear a seatbelt whenever they travel in a vehicle. With the number of impaired drivers on the road, it is best to take precaution and be safe.
If you’ve seen an impaired driver on the roadway call law enforcement, you may save someone life.

Reckless Driving: A Cause of Automobile Accidents

Tailgating, changing lanes too quickly and speeding are all forms of reckless driving. Reckless driving or aggressive driving includes a multitude of traffic offenses.

The following is a list of offenses considered to be reckless:

Violations of traffic law signals: Running red lights, stop signs, and failure to yield to traffic are some examples;
Tailgating: following another vehicle too closely increases the chance of a rear-end collision
Passing cars in a no-passing zone;
Driving too fast for the weather conditions; Ice, rain, and fog increases the chances of accidents drivers should reduce their speed.
Driving too fast for the road conditions; loose gravel, wet roads, potholes, create unsafe conditions, drivers should reduce the speed of their vehicle;
Unsafe lane changes: Weaving between cars in traffic increases the chances of a wreck and injury.

Teenagers: Reckless Drivers

Teenagers have a propensity to show off. They often try to impress their friends by driving reckless. They must learn the extent of the damage an automobile can cause.

Remind teenagers to always wear a seatbelt, don’t use their cell phones while driving, don’t speed and obey all traffic signals.

Road Conditions: A Cause of Automobile Accidents

Poor road conditions cause car wrecks. Driving through potholes, uneven road surfaces, and road cracks create dangerous driving conditions. There are many examples of how road conditions can lead to collisions and injury.

An uneven road can cause a driver to lose control of his vehicle and cross the centerline of a highway and collide with oncoming traffic. The American Society of Civil Engineering grades each state’s roads. In 2017 Louisiana roads were rated a D.

The government should maintain roadways in a safe condition. If you spot an unsafe roadway condition contact the proper authority. If you were involved in an automobile accident and believe the roadway was a factor be sure to inform the investigating officer and confirm he notes the condition in the accident report.

How to Prove You Are Not at Fault in a Car Accident

When a car accident happens, sometimes the parties involved disagree on who is at fault or acted negligently in causing the collision. So how can a person prove they are not at fault in a car accident.

To establish fault obtain a copy of the accident report, review the law, and gather witness statements. These are some steps you can take to establish you are not at fault in a car accident.

Often it is clear who is at fault for the collision, but for the times when fault isn’t so apparent, you need to take steps to prove you are not at fault.

Proving Fault

Proving fault is essential in determining which party is legally responsible for paying for the damages caused by the collision. In cases that fault isn’t apparent, there are some steps; you can take to establish liability.

Police Report is used to establish Fault

If you are involved in an accident, you must call the police. The investigating officer will fill out a standard accident report. In this report, he is required to note the traffic conditions, time of the accident, weather conditions, and many other crucial details.

One of the essential tasks of the investigating officer is taking statements of not only the parties but also any witnesses. He should include the witnesses name, address, and telephone numbers in his report.

The officer may take pictures of the scene and provide a narrative of his opinion based on the information he has gathered. The report should also note the length of any skid marks and state any traffic law violations and the impairments of the driver.

Traffic law violations and impairments of the driver can be useful in supporting your position. Ask the investigating officer how you can obtain a copy of the report. Also, request the officers’ name and the law enforcement agency he represents.

Review the accident report. If you find any mistakes by the investigating officer, you can amend the report. Sometimes they make factual errors, such as the wrong times, or incorrect vehicle or insurance information. Generally, you can request a correction by supplying proof to confirm the error.

Factual changes concerning fault is more difficult. Each police department has a procedure for objecting or challenging a report. Contact the department involved in your case and request the procedures. The most common procedure is to attach a copy of your concerns to the initial report.

Research the Law

Use the internet and research the specifics concerning your accident. There may be some parish or state statutes that apply to your case. Check the laws on roadway markings, speed limits, and right of way.

The Louisiana Department of Motor Vehicles division has laws accessible online. If the accident occurred in a city and involves city violations, they likely have the traffic statutes online, if not check the local library and city police office. Any violations of the law will bolster your position.

Witness Statements

An independent witness could be a pillar to establishing fault in a car accident. After an accident, all witnesses contact information should be gathered by you.

The investigating officer should have documented the witnesses names, telephone numbers, and addresses on the accident report. Frequently they will take statements from the witnesses and include the statements in the report.

Sometimes the witness statements are not written clearly or don’t accurately memorialize the accounts as you remember hearing at them while at the scene of the accident.

You need to contact the witness and ask for their honest recollection of the facts surrounding the accident. If the witness bolsters your position, ask them to provide an affidavit or witness statement. You can volunteer to draft the account based on their conversation.

It is not unreasonable for a person not to want to take the time to write up a witness statement for a person they don’t know. If you are willing to draft the document and they only have to sign you are more likely to receive a positive response.

Presumption of Negligence

The presumption of negligence applied in cases when a violation of law or standard practices caused an accident. The presumption of negligence is often used in rear-end cases.

Rear-end

In a rear-end collision it is presumed that the following driver was not prudently driving his car. He was either following too closely for the road conditions, driving inattentively or speeding. In a rear-end case, the location of the damages to the vehicles are often enough evidence necessary to prove fault.

It is important to be aware that Louisiana is a comparative negligence state. In limited cases, the following vehicle may not be 100 percent at fault in causing an accident.

If a party is rear-ended and found partially at fault, their recovery will be reduced by the percentage of their responsibility. Facts and circumstances can overcome the presumption of negligence in some instances. See Cheairs v. State ex rel. Dept. of Transp. & Dev., 861 So.2d 536 (La. 2003).

Left-turning vehicle

There is also a presumption of negligence in collisions caused by a left-turning car. If a car is traveling straight down a road and a car makes a left-hand turn, the turning vehicle is presumed at fault.

The damage to the vehicles is critical in identifying the fault. In a left-turning accident, the damage would be on the front-end of one car and the front-right side of the other.

Just like in a rear-end cases there are exceptions to the “no-fault” provision for left-hand turns. If for example, the car going straight was speeding or ran a red light.

Motorcycle Accidents In Louisiana: What You Need To Know.

South Louisiana has a high amount of motorcycle accidents. Are the accident caused by road conditions, unsafe drivers, or is that motorcycles are inherently dangerous?

The rate of automobile accidents and motorcycle accidents are about the same. However, people involved in motorcycle accidents die or sustain severe injuries at a significantly higher rate than people in car accidents.

Motorcycle riders like the freedom of the road, but it the pleasure worth the risks? Compared to cars, motorcycles make up a small percentage of road travel, is this because of the perceived dangers of motorcycle accidents? There is a lot of concerning information about motorcycle riding in the United States.

Is Riding a Motorcycle Dangerous?

It goes without argument that motorcycles are inherently more dangerous than cars. The National Highway Traffic Safety Administration (NHTSA), provides that motorcycles made up only 3 percent of vehicles registered in the United States in 2017.

However, the fatality rate for motorcyclists in 2017 was six times the death rate for passengers of cars. Fatalities on motorcyclist occurred nearly 27 times more frequently than passengers in cars in traffic crashes.

A look at 2017 numbers shows there were 5,172 motorcyclists killed, a three percent decrease from the previous year. Let’s look at some of the key findings in the NHTSA report:

Twenty-nine percent of motorcycle fatality crashes in 2017 were riding without valid motorcycle licenses;
Impaired drivers by vehicle type (27% for motorcycles, 21% for passenger cars, 20% for light trucks, and 3% for large trucks);
Forty-three percent of motorcycle riders who lost their lives in single-vehicle crashes in 2017 were alcohol-impaired
Motorcycle riders killed in crashes at night were three times more frequently alcohol-impaired than those killed during the day in 2017
NHTSA estimates that helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more people could’ve have been saved if all motorcyclists had worn helmets.
In States without universal helmet laws, 57 percent of motorcyclists killed in 2017 weren’t wearing helmets and only eight percent in States with universal helmet laws

These numbers illustrate the dangers of riding motorcycles on the road. I encourage you to check the NHTSA website to view the most current numbers.

What is the Most Common Cause of Motorcycle Accidents?

Cars have to share the road with motorcycles. However, they frequently seem to forget, but there are many causes by motorcycle drivers that could be prevented. The following is a list of some causes of motorcycle accidents:

Speeding: Speeding is dangerous in any vehicle, but more so on a motorcycle. Speed limits establish a safe rate of travel on a particular roadway. It takes into consideration reaction times, curves, and general road conditions. Death in a crash is more likely to occur at a higher rate of speed;
Driving under the influence. The number of fatal motorcycle crashes illustrated in the NHTSA numbers proves that motorcycle drivers influenced by drugs or alcohol are at increased risk of an accident;
Lane splitting is the maneuvering of a motorcycle between vehicles on a roadway. Lane splitting causes a substantial amount of accidents, cars are often not aware of a motorcycle and will unexpectedly shift lanes hitting the bike;
Sudden stops: A vehicle that stops quickly creates a dangerous condition. Tailgating results in rear-end accidents. When riding a motorcycle, always follow a safe distance behind traffic. A sudden stop could result in severe injury or death to a motorcyclist;
Inexperienced drivers: Inexperienced motorcyclists likely are also unsafe drivers. They lack the experience to avoid wrecks and create dangerous conditions not only to themselves but other motorists as well;
Left-turn accidents: Misjudgments of distance while making a left turn are causes of injury and death to motorcycle riders.
Dangerous road conditions: Driving a motorcycle on broken concrete or roads with potholes, and debris, causes bikers to lose control of their motorcycle and crash;
Motorcycle defects: Motorcycle manufacturer just like with any other product sometimes have a poor design or faulty part which creates a condition that leads to an accident.

If You Ride Reduce the Risks of an Accident.

The first thing you should realize when riding a motorcycle, you are in a vulnerable position, so be alert and be visible. Some other steps you can take are:

Wear a helmet: Helmets save lives. NHTSA estimates helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more lives would’ve been saved if all motorcyclists wore helmets. Nineteen states require motorcyclists to wear helmets, while three states-Illinois, Iowa and New Hampshire-have no helmet use laws at all.
Older riders: If you are over 40, you may need to consider getting off your motorcycle. Motorcycling requires more brain function and focus than driving a car. 54% of motorcyclists killed in crashes were age 40 or older, and older riders sustain more severe injuries from accidents. Why does this occur? It could be declining vision and reduced reaction time in older riders or fragility.
Anti-lock brakes (ABS): Anti-lock brakes provide a better and safer stop for a motorcycle. Motorcycles with ABS are 37% less likely to be involved in a fatal crash.
Avoid cafe-style racing motorcycles: Cafe-style motorcycles require unique skill sets and can go fast. Motorcyclists on cafe-style bikes are four times more likely to die in a crash than riders of other styles of motorcycles.
Training: Most states offer motorcycle safety classes. The classes teach how to maneuver a motorcycle in different weather conditions and during specific traffic conditions.
Clothing: Wear protective clothing that is visible. Leather helps to prevent road rash. The brighter you are, the easier for others to see you.

Louisiana State Police Motorcycle Safety Program

Louisiana has an unusually high motorcycle accident rate. The high instances of wrecks could be caused by several reasons, poor road conditions, inattentive drivers, or lack of motorcycle driver training. The state police are taking steps to reduce motorcycle accidents.

The Louisiana State Police established a program designed to save motorcyclist lives. It is the Louisiana Motorcycle Safety, Awareness and Operator Training Program.

The basic course is 15 hours and its designed for beginners. It teaches the physical skills, proper attitude, and knowledge for navigating safely in traffic. It is an excellent program if you are interested or want more information click the link above to register.

Do I Need A Motorcycle Lawyer?

If you or someone you know has been in a motorcycle accident, you need to contact an attorney. Injured parties are entitled to recover for their losses, pain and suffering, medical expenses, lost wages, and any other damages they suffered.

One of the risks you shouldn’t face is going without the compensation you are owed. Sonja Bradley has offices in Hammond and Livingston Louisiana

To read about “Important Steps to Take if You’ve Neen in a Car Accident,” or learn about “Negligence Law in Louisiana,” click the highlighted links.

Charged With a DUI/DWI in Hammond, Louisiana?

Sonja Bradley has been representing clients charged with DWI in Tangipahoa Parish and the surrounding area for over 19 years. If you or someone you know is accused of a DWI/DUI in Hammond, Louisiana, you need an experienced attorney to fight for you.

Many criminal defense attorneys seek quick plea deals for their clients. This is not how your case should be handled. A good defense attorney will review your file thoroughly and know the applicable law. Good attorneys keep their clients advised of all aspects of the case so the client has the information needed to make an informed decision.

After a review of the facts and law, it is sometimes in the clients best interest to enter plea discussions. If a plea is not in your best interest, you will have Mrs. Bradley extensive experience and knowledge on your side at trial. An attorney prepared to take a case to trial is vital in obtaining the best outcome.

Mrs. Bradley understands the clients’ welfare is the goal of effective representation. She will advise her client on the best course of action, but the ultimate decision is the clients’.

Sometimes, litigation can not be avoided, and the best outcome will be achieved by having an experienced DWI/DUI attorney handling your case. The goal for Mrs. Bradley is to provide the best representation possible.

DWI/DUI convictions can have a lifelong effect on the well being of a persons’ life, Sonja Bradley understands this and takes all cases seriously. If you need an attorney that will put your needs first, then you need to call Sonja Bradley today at 225 686 8006. You can click on the link to read the Louisiana statute that pertains to DWI/DUI charges here. http://legis.la.gov/Legis/Law.aspx?d=78752

The followings are the relevant laws as they pertain to DWI/DUI charges.

In Louisiana, the particular circumstances surrounding your DUI charge will affect your penalty. For example, enhanced penalties, including jail time, enhanced penalties include aggravating factors such as:
1) Committing an offense with BAC of 0.15 or higher
2) Committing an offense with BAC of 0.20 or higher
3) Committing an offense while a minor 12 years of age or younger was in the vehicle;

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A 1st Offense DUI DWI Offense conviction is a misdemeanor crime. The penalty for a first offense DUI in Louisiana is:
• You can be fined from $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more)
• You could be sentenced to serve time in jail from 10 days to 6 months
• You can have your driver’s license suspended for 12 months drivers license suspension (2 years if BAC 0.20 or more)
• You may be eligible for a restricted hardship driving license immediately, with an ignition interlock will be required for the entire time of applicable suspension period for at least 12 months if convicted with a high BAC of 0.20 or more
• You could have to perform 32 hours of community service and attend a court-approved substance abuse program
• The court could also require you to attend an improved driver improvement program
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)

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A 2nd Offense DUI DWI Offense conviction is a misdemeanor crime. Penalties in Louisiana for a conviction of a 2nd offense DUI DWI are as follows:
• Fines range from 750 to $1,000
• You could receive a sentence of incarceration from 30 days to 6 months in jail
• Your drivers’ license suspended for 24 months (4 years if BAC 0.20 or more)
• You could be restricted to a hardship driving license available after 45 days, and an ignition interlock will be required for the entire time of applicable suspension period
• You may have to complete 240 hours of community service
• You may have to attend a court-approved substance abuse program
• The court could require you attend an approved driver improvement program
• (IID) ignition interlock restriction upon drivers license reinstatement
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)

A 3rd conviction for a DUI DWI Offense is a felony. The penalties in Louisiana for a conviction for a 3rd offense DUI DWI are as follows:
• You may have to pay a fine of $2000
• You could be sentenced to incarceration from 1 to 5 years.
• Your driver’s license will be suspended for 36 months
• If you enroll in a DWI or sobriety program and you are in good standing, you will be eligible to apply for a restricted drivers license (hardship license) after the passage of 45 days suspension period
• You are required to complete a substance abuse evaluation and treatment programs as ordered by the court.
• You may be required to attend a court-approved substance abuse program
• You may be required to attend a court improved driver improvement program
• You could have your vehicle seized and sold.
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)

The contact information for the Tangipahoa’s Sheriff’s office or District Attorney office click here. Our resources page has helpful telephone numbers and website address you will need.

To read an interesting article answering the question, “Can You get a DUI on a Horse,” click here.

What Factors Are Used To Determine Child Custody?

Factors Used by the Court to Determine Child Custody.

In all child custody discussions, the “best interest” of the child is paramount. In Louisiana law, “best interest” is a term with a specific meaning. It is so critical to the determination of custody that guidelines have been enacted.

The “best interest” of the child takes into consideration his or her safety and security, mental health, emotional development, and happiness. Commonly it is in the child’s best interest to stay foster a close relationship with both parents.

However, oftentimes situations dictate that either the mother or father have sole custody. It is important to remember that decisions made now will have a lasting effect on the future relationship between you and your child.

The legislature established guidelines for the courts to follow in determining child custody in Louisiana. The following are the factors used by the courts:

La. C.C. Art. 134. Factors in determining a child’s best interest

Art. 134. Factors in determining a child’s best interest

Except as provided in Paragraph B of this Article, the court shall consider all relevant factors in determining the best interest of the child, including:

(1) The potential for the child to be abused, as defined by Children’s Code Article 603, which shall be the primary consideration.

(2) The love, affection, and other emotional ties between each party and the child.

(3) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(4) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(5) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(6) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(7) The moral fitness of each party, insofar as it affects the welfare of the child.

(8) The history of substance abuse, violence, or criminal activity of any party.

(9) The mental and physical health of each party. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.

(10) The home, school, and community history of the child.

(11) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(12) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have reasonable concerns for the child’s safety or well-being while in the care of the other party.

(13) The distance between the respective residences of the parties.

(14) The responsibility for the care and rearing of the child previously exercised by each party.

In cases involving a history of committing family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, including sexual abuse, as defined in R.S. 14:403(A)(4)(b), whether or not a party has sought relief under any applicable law, the court shall determine an award of custody or visitation in accordance with R.S. 9:341 and 364. The court may only find a history of committing family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence.

Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018.

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To read the text of the legislation click this link https://legiscan.com/LA/text/SB291/id/1800646

As you can tell there is a lot that goes into determining custody. If you decide to hire an attorney to represent you in your custody battle hire Sonja Bradley she has over 18 years experience fighting for her clients’ rights.

Contact Sonja Bradley your attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Amite Louisiana, Walker Louisiana and surrounding areas.