Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Fatal Hit-and-Run Accident Leaves Bicyclist Dead in St. Landry Parish

March 29, 2021 | by Broussard, David & Moroux

24-year-old Ryan Fontenot was riding his bike eastbound on U.S. Highway 190 in the early morning hours last week when he was struck from behind by an unknown vehicle. While looking to make a left-hand turn into Acadian Medical Center from the turning lane, the unknown vehicle hit Mr. Fontenot and propelled him off of his bike and into the westbound lane where he was struck again, causing fatal injuries. Sadly, Mr. Fontenot was pronounced dead at the scene.

The driver who struck Mr. Fontenot after he was ejected from the bike showed no alcohol in his system and no signs of impairment. However, the driver who initially hit Mr. Fontenot from the rear fled the scene immediately after the accident.

Though officers are unsure of the type of car that fled the scene, officers believe the hit-and-run vehicle is a ram pickup truck with damage to the left front bumper, headlamp, and fender.

What Comes Next – A Glimpse into The Post-Accident Legal Process

March 26, 2021 | by Broussard, David & Moroux

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.

18 WHEELER HAULING PRODUCE ENGULFED IN FLAMES

March 23, 2021 | by Broussard, David & Moroux

On Feb. 3^rd, 2021, St. Martin Parish Fire District and Henderson Volunteer Fire Department were dispatched to Grand Pointe Avenue near I-10 for a vehicle fire. When first responders arrived, there was an 18-wheeler carrying produce engulfed in flames. After additional assistance from neighboring first responders and Breaux Bridge Volunteer Fire Company aerial unit the fire was able to be contained without causing any further incidents. No injuries were reported according to Henderson Police.

Thank you to the local area first responders, and all those involved that were able to contain this incident without further injury.

As reported, no one was hurt, but accidents can happen at anytime and anywhere. To help ensure the safety of yourself, and others, remember to stay vigilant while on the road and be mindful of your surroundings.

Cargill Closes its Doors as the Avery Island Salt Mine Collapse that Left Two Dead Raises Questions about Safety

March 21, 2021 | by Broussard, David & Moroux

Following the December 14^th Salt Mine collapse, Cargill recently decided to shutter its salt production on Avery Island. Though its lease expires at the end of 2021, Cargill stated that the business decision was based on future economics and production capacity after a slow winter. All operations at the mine have been suspended since the incident due ongoing federal investigations.

Eighteen employees of Cargill, a global food corporation, reported to work inside Avery Island’s Salt Mine on December 14th. Those employees’ lives would change within hours as the salt mine’s roof collapsed, leaving two employees stranded inside.

24-hour search teams began looking for the missing employees immediately; although, the rescue was not successful until the next day. Around 3:00pm on December 15th, the search team found the first employee and identified him as 27-year-old Lance Begnaud. The second employee, 41-year-old Rene Romero, was found later that evening. Both suffered fatal injuries and were pronounced dead upon recovery.

Fog Causes Accident With Stalled Vehicle

March 19, 2021 | by Broussard, David & Moroux

An early morning accident was the result of fog in Caddo Parish. A stalled vehicle was rear-ended when another driver failed to stop due to a decreased visibility associated with the foggy conditions. Though fog is typically something motorists often encounter in the early morning, accidents like this serve as a reminder to remain vigilant even in situations we often encounter on the road.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you, or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

https://www.ktbs.com/news/local/fog-may-have-contributed-to-crash-in-south-caddo-parish/article_fcbaa4bc-858d-11eb-864c-f72b239e1eea.html

Tragic ATV Accident in New Iberia

March 18, 2021 | by Broussard, David & Moroux

A 73-year-old man died from injuries sustained in an ATV accident. While at a gas pump one of the three passengers accidentally stepped on the accelerator causing the ATV to strike a nearby planter. The force of the collision caused the ATV to almost flip on its side and ejected the other passenger before striking a parked truck.

The driver of the ATV was cited for operating an ATV on a public roadway and, pending toxicology, there may be additional charges. Information regarding the additional passenger is unknown.

Broussard, David & Moroux offers their condolences and sympathy to the family and friends during this difficult time.

Four Boaters injured and One Deceased in Lake Pontchartrain Boating Incident

March 16, 2021 | by Broussard, David & Moroux

On March 6, around 7 p.m. The Coast Guard received word that a boat struck the Norfolk Southern Railroad Bridge in Lake Pontchartrain. There were five people on board at the time of the incident. Four passengers were located and transported to a New Orleans area hospital by Louisiana Department of Wildlife and Fisheries as the Coast Guard searched for the fifth.

On Sunday March 7, the body of the fifth passenger on board was located in Lake Pontchartrain by St. Tammany Parish Sheriff’s Office. The sheriff’s office, Coast Guard, and Louisiana Department of Wildlife and Fisheries were all involved in the search for the fifth passenger following the incident. The four other passengers that were involved in this incident sustained serious injuries but are said to be in stable condition.

Broussard, David & Moroux offer their condolences and sympathy to the family and friends during this difficult time.

As the Number of Fatal 18-Wheeler Accidents in Louisiana Rise, Drivers are Advised to Take Extra Precautions to Protect Themselves and Their Loved Ones

February 18, 2021 | by Broussard, David & Moroux

No one doubts the essential functions 18-wheelers provide in the daily exchange of commodities as large truck drivers tend to cover as much as 5,000 to 6,000 miles a week. However, due to the inherent nature of such trucks, drivers are at a greater risk of injury or even death when being involved in an accident with an 18-wheeler. In fact, the number of fatalities resulting from large truck accidents increased by 31% nationally from 2009-2018, according to U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).

Unfortunately, Louisiana also experienced an increase in the number of fatal crashes involving 18 wheelers. According to FARS, Louisiana’s fatal crashes with large trucks increased by 42% as the number spiked from 67 in 2015 to a somber 95 in 2018. Nationally, there were 4,475 fatal crashes at the hands of 18-wheelers in 2018.

Just last week, an 18-wheeler traveling southbound on LA Highway 578 struck a 58-year-old man going east at a Highway intersection in Franklin Parish. The man was pronounced dead at the scene.

Lafayette Family Begins Receiving Payments of $50 Million Settlement After Son’s Passing in 1983 Terrorist Attack

January 25, 2021 | by Broussard, David & Moroux

On the morning of October 23, 1983 in Beirut, Lebanon, Iranian terrorists drove a truck loaded with explosives through steel fences and right up to a 4-story military barracks before detonating, leaving 241 United States Military personnel dead. Lance Corporal Lex Trahan, a Lafayette native and 19 years old at the time, was stationed for service in Beirut and on the 3^rd floor of the barracks, was one of the casualties in the attack. Now, 37 years later, Lance Cpl. Trahan’s family will soon begin receiving installments of a $50 million settlement for his passing.

With the help of attorney Warren Perrin of the law office of the law firm of Perrin Landry deLaunay (associates on litigation with Broussard, David & Moroux), Lance Cpl. Trahan’s family secured a $50 million award from a 2016 lawsuit filed against the Islamic Republic of Iran & Iranian Ministry of Information and Security for wrongful death, battery, assault, and intentional infliction of emotional distress. In the 1^st U.S. District Court in Washington D.C., the plaintiffs, including both victims of the terrorist bombing and families of the deceased, were granted default judgement against the Iranian government after the foreign government did not respond following service of process.

The plaintiffs collectively received $338 million in the lawsuit. Lance Cpl. Trahan’s family and estate were awarded approximately $11 million in damages with the remaining $39 million awarded as punitive damages. The $50 million settlement is the largest award for the death of a teenager in United States history.

Wrongful Death of Louisiana Salt Mine Worker Killed in 2009 Weeks Island Salt Mine Collapse

December 18, 2020 | by Broussard, David & Moroux

Based on the published Western District of Louisiana opinion, Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), on June 12, 2009, a Louisiana salt mine worker was pressure washing equipment inside Morton’s salt mine in Weeks Island near New Iberia, Louisiana when the salt mine’s roof collapsed, causing fatal injuries. His family hired Broussard, David & Moroux , LLC to bring a wrongful death action against his employer, Morton Salt, alleging fraudulent misrepresentation on the part of Morton’s employees.

Typically, the Louisiana Worker’s Compensation law constrains an employee’s recovery for on-the-job injuries. A narrow exception to Worker’s Compensation allows an employee to avoid this limited recovery by proving that the employer acted intentionally with the substantially certain knowledge that an injury may result.

Based on Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), the attorney representing the family of the deceased worker, Blake R. David of Broussard, David & Moroux , LLC, escaped Worker’s Compensation exclusivity by establishing, through employee and manager testimony, Morton employee knowledge that its employees had used illegal bolting practices for a substantial time before the Salt Mine’s roof collapsed. Morton’s employees were required by law to routinely check and accurately record the torque on salt mine roof bolts with a torque wrench in order to avoid roof collapse. However, Morton’s employees forged bolt torque forms with made-up findings without ever checking the bolt’s torque, and then lied to Mine Safety and Health Administration (MSHA) government inspectors about their bolting procedures to avoid citations. Later, reports from MSHA found that the roof collapse causing the miner’s death resulted from poor installation methods in the bolting procedures by Morton’s employees. Broussard, David & Moroux’s litigation discovery led to the alleged fraud findings.