18-Wheeler Accidents

The Gradual Expansion of Punitive Damages in Louisiana

October 20, 2014 | by Broussard, David & Moroux

“Sue early and sue often.” We hear this in society, in law schools, and among lawyers and laypeople alike when a loved one suffers injury at the hands of another. And rightfully so–the American legal system has always provided means for injured plaintiffs to recover for damages caused by wrongdoers. It’s a notion deeply embedded in our law and culture.

The idea is simple: An individual suffers harm due to the fault of another and we expect the wrongdoer to make the victim whole again. Luckily for plaintiffs, the United States boasts one of the most robust civil justice systems in the world, making it relatively easy for injured victims to recover for the wrongs committed by another. But this mantra–“sue early and sue often”–has questionable weight here in Louisiana. There’s no doubt that the impetus for this mantra reflects the idea that injured plaintiffs may recover a big financial payout from the wrongdoer. In law, this big “payout” comes in the form of “damages,” better known as the money owed to the plaintiff for breaching their legal duty.

In most jurisdictions, there are two major forms of damages: compensatory damages and punitive damages. Intuitively, compensatory damages are designed to “compensate” victims for what they’ve lost due to the injury and to place the injured party in the position he would have been in had the accident not occurred, and punitive damages are designed to punish the wrongdoer for the damage he caused. The two categories of compensatory damages, special damages and general damages, generally compensate injured parties for quantifiable expenses (i.e. medical bills) and non-quantifiable damages (i.e. mental anguish, pain and suffering) respectively. Unlike compensatory damages, punitive damages are those that are imposed beyond what is necessary to compensate the victim. Punitive damages are designed to deter the tortfeasor and others from similar conduct in the future–they’re “punitive” in nature, and therefore, they are intended to be a punishment.

Broussard, David & Moroux Holds Grand Opening for New Location in Downtown Lafayette

October 15, 2014 | by Broussard, David & Moroux

LAFAYETTE – Broussard, David & Moroux Law Firm held a grand opening ceremony on Wednesday, October 15th, in honor of their recent move to a new location. Their new offices are located in the heart of downtown Lafayette on the corner of Jefferson Street and Vermilion Street in the historic Moss Building (557 Jefferson Street).

A crowd gathered to help Fr. Hampton Davis bless the new building. A ribbon cutting ceremony and reception followed in conjunction with the Chamber of Commerce Business After Hours event. Guests were able to tour the newly renovated building and learn about the history of its presence in downtown Lafayette.

For the last 200 years, the site of the historic “Moss Building” was the epicenter of local activity in a growing Lafayette. Today, the Moss Building plays an important role, once again, as downtown Lafayette enjoys a renewed vitality. Blake David, partner at the law firm, says that “Broussard, David & Moroux was eager to invest in an opportunity to restore one of Lafayette’s landmarks and is committed to enhancing the downtown community so that it is a great place to live, work and play.”

From Contributory Negligence to Comparative Fault: A Remedy for Negligent Plaintiffs in Louisiana

September 26, 2014 | by Broussard, David & Moroux

Picture this unlikely scenario: An intoxicated motorist is driving his vehicle at speeds well in excess of the speed limit (let’s say, he’s traveling at 100 mph in a 35 mph zone). As the unsafe motorist approaches a downtown intersection, a jay-walking pedestrian begins to cross the street when it is clearly not her turn (the brilliant-orange “don’t walk” hand is flashing and unmistakable). She has her face buried in the daily newspaper and is wearing headphones, unaware of what’s happening around her. What happens next, as you might have expected, is that the speeding, drunken motorist collides with the inattentive pedestrian, causing her significant injuries and tens of thousands of dollars in hospital bills.

This hypothetical accident was intended to illustrate the legal problem of the “foolhardy” plaintiff–the individual who suffers an injury at the hands of another, though her inattentive, negligent behavior also has contributed to the damage. In layman’s terms, both the motorist and the pedestrian are at fault here. The driver should understand that operating a vehicle at high rates of speed while intoxicated is unsafe and endangers the public. Similarly, the pedestrian should know that she must obey traffic signals and should pay attention to her surroundings as she crosses the street. Thus, both the motorist and the pedestrian have a “duty” to act as a reasonably responsible driver and pedestrian respectively. Under this scenario, however, where both actors to this dramatic collision have breached their duties to act reasonably, causing this accident, who is responsible? Is the pedestrian permitted to recover damages (money) despite having negligently contributed to this accident and her resulting injuries?

Prior to 1980, Louisiana followed the traditional common-law approach to solving the issue of the “foolhardy plaintiff”–a plaintiff whose negligence contributed to his injury. This common-law approach was known as contributory negligence and operated as a total bar to recovery in a negligence action. While it sounds unduly restrictive of a plaintiffs’ ability to bring and maintain actions for injuries they suffered, this comparative negligence regime required more than just showing that the plaintiff contributed in some way to the injury–instead, the plaintiff had to be legally negligent. They must have had a standard of care (a duty), which, when breached, caused and contributed to their injury and was within the scope of foreseeable risk.

Drunk Driving Accident on Mississippi River Bridge Claims Two Lives

May 12, 2014 | by Broussard, David & Moroux

A man accused of drunk driving faces two counts of vehicular homicide and a 2nd DWI, among other charges, after he rear-ended a vehicle while driving on I-10 over the Mississippi River Bridge, killing two passengers. Three others were transported to the hospital and treated for injuries that were not life-threatening. The accident remains under investigation.

Twenty-Four Bicyclists Killed in Motor Vehicle Accidents in 2012; Highest Total in a Decade

March 21, 2014 | by Broussard, David & Moroux

While the number of motor vehicle drivers killed in Louisiana declined in 2012, twenty-four bicycle riders were killed in Louisiana in 2012, the highest number in ten years. East Baton Rouge Parish and St. John the Baptist Parish contained the most bicycle crash fatalities with five and three respectively. “Many of the crashes between bike riders and motor vehicles could be avoided,” stated Lt. Col. John LeBlanc, executive director of the Louisiana Highway Safety Commission.

Speeding Motorist Faces Charges in Fatal Ascension Parish Crash

March 10, 2014 | by Broussard, David & Moroux

State police consider excessive speed to be a factor in a fatal vehicular collision on La. 42 after a Port Vincent man over-corrected and struck his truck into a vehicle heading in the opposite direction. The victim was properly restrained in her vehicle but ultimately succumbed to her injuries on the way to the hospital. The speeding motorist was not restrained in his truck and is currently being treated for moderate injuries at a local hospital. Upon his release from the hospital, he will be booked in Ascension Parish Prison and charged with negligent homicide, careless operation, and not wearing a seat belt.

Truckers Hauling Hazardous Materials Ignore State Traffic Law

February 25, 2014 | by Broussard, David & Moroux

A state law was enacted fourteen years ago that designated Bluebonnet Drive in Baton Rouge as a roadway free of hazardous materials to provide the public a safe route in the event of an emergency. This law has not stopped truckers transporting hazardous materials such as gasoline from using this route as a short-cut on their daily drives. Cameras caught trucks hauling these materials multiple days in a row and citizens who live nearby the area have begun expressing their concerns. “It’s kind of scary to know that they do make their travels down this road,” stated a concerned citizen who regularly rides her bicycle down the roadway. State police have taken notice and stated that they continue to monitor the roadway to prevent truckers from breaking the law.

Over 200 Accidents in Louisiana Due to Icy Weather on I-10; Two Killed

January 30, 2014 | by Broussard, David & Moroux

State police have worked on over 200 motor vehicle accidents on Interstate 10 after icy weather conditions consumed Southern Louisiana last Friday. Governor Bobby Jindal declared a “state of emergency” on Friday and local law enforcement urged citizens to stay off the road until the weather cleared up. Stretches of I-10 were closed until Saturday when conditions finally began to improve. Two people were killed when their vehicles lost control on separate icy I-10 overpasses on Friday.

Eight Children Injured in I-10 Bus Crash

January 24, 2014 | by Broussard, David & Moroux

Eight school children riding the school bus home suffered minor injuries after their bus collided with another vehicle. The children were transported to a local hospital where they were treated for their injuries. Police did not say which school the children attended and that the collision is still under investigation.

Westbank Car Accident Leaves an 8-Year-Old Boy in Serious Condition

September 24, 2013 | by Broussard, David & Moroux

A five-car accident on the Westbank Expressway in Marrero has sent three people to the hospital with injuries, including an eight-year-old boy, who the police say is in serious condition. A pick-up truck struck two vehicles before careening down an exit ramp at a high rate of speed before colliding with two more vehicles as it came to a stop. A driver of one of the first vehicles to be hit estimated the truck’s speed to be “95 to 100 miles an hour.” The eight-year-old boy was wearing his seat belt in the front seat of a Hyundai Sonata when the pick-up truck t-boned the vehicle. The boy was unconscious when the paramedics arrived and was transported to the hospital in serious condition. It is speculated that the driver of the pick-up truck may have suffered a medical emergency that caused the accident, although the crash is currently under investigation pending toxicology tests.