Articles Posted in Auto Accidents

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As the year comes to a close, many of us take a moment to reflect on our personal achievements, challenges, and goals for the upcoming year. While it’s important to evaluate the big moments, it’s also essential to take a step back and consider the unresolved aspects of the year that might still be affecting us—particularly when it comes to personal injury claims.

Whether you’ve been in a car accident, suffered a slip-and-fall, or experienced a workplace injury, it’s crucial to assess whether you are fully prepared to handle your personal injury claim as we enter 2025. If you have an injury claim that hasn’t been resolved, now is the time to take action. The new year presents an opportunity for a fresh start and a path toward recovery—physically, emotionally, and financially.

In personal injury cases, time is of the essence. One of the most important things to understand is the statute of limitations—this is the legal deadline by which you must file a personal injury claim. If you miss the deadline, you could lose your right to pursue compensation for your injuries.

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A 51-year-old hotel manager was driving to work in when she stopped at a red right and was rear-ended by a company F-150 pickup truck. The defendants accepted liability but disputed the medical causation of the personal injury claims based on the lack of significant property damage. To support their case, the defendants hired two accident reconstructionist and a biomechanical expert.

Broussard, David & Moroux personal injury attorneys, Blake David and Reed Ellis represented the plaintiff. Prior to the car accident, she had no history of back, neck, or hip issues or treatment in the past 15 years, and experienced neck, back, left wrist, mid-back, and jaw pain within hours of the crash. Dr. Robert Lejeune, a chiropractor, documented these injuries.

Over time, her condition worsened, requiring multiple surgeries on her neck, back, and hip. In response, the defendants hired four Additional Medical Examiners to challenge her claims, arguing that the injuries were temporary, lasting six weeks or less. The defendants also planned to present radiologists who would refute the injuries.

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While most travel-related accidents may result in minor injuries, some can lead to catastrophic injuries that permanently change a person’s life. Catastrophic injuries typically involve severe, life-threatening harm to the body and can include:

  • Spinal Cord Injuries: These injuries often lead to paralysis or loss of sensation and mobility below the site of the injury.
  • Traumatic Brain Injuries (TBI): A TBI can range from a mild concussion to a severe brain injury that impairs cognitive function, speech, motor skills, and memory.
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On November 12, 2020, an Acadia Parish farmer and his employee started a fire in a soybean field bordered by Louisiana Highway 97/Evangeline Highway, a two-lane highway with one northbound lane and one southbound lane. As the fire burned, it created a heavy smoke which blew into the roadway and completely blocked visibility for drivers travelling in both directions. The farmer and his employee admitted in their depositions that they took no precautions to prevent the smoke from obstructing the roadway.
At the time the smoke blocked the view of drivers on La. 97, plaintiff was travelling northbound towards the area of the fire. As plaintiff approached the area, the smoke suddenly became so thick that she could no longer see in front of her and she stopped in the road. At the same time, two cars were traveling southbound towards the area where plaintiff’s vehicle stopped. When the lead car arrived at the area where the smoke blocked her visibility, she stopped suddenly, forcing the following southbound vehicle to cross the centerline and crash head-on into plaintiff’s vehicle.
As the result of the collision, the 32-year old plaintiff sustained injuries to her neck and back. She was taken via ambulance to emergency room with complaints of pain to her entire back, “from neck down to lower back.”
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October 2023 witnessed a tragic 158-vehicle pileup on I-55 in Louisiana, triggered by dense fog. This incident highlights a troubling trend: October is often the month with the highest number of car accidents. While the National Highway Traffic Safety Administration (NHTSA) identifies the summer months as the “100 Deadliest Days,” October’s unique challenges can’t be overlooked.

Several factors contribute to the rise in fatal auto-accidents this time of year. As days shorten, driving after dark becomes more common, increasing the likelihood of accidents. Additionally, wet leaves and unpredictable weather can create hazardous driving conditions.

To help you navigate fall safely, consider these tips:
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Attorneys Derek Aswell from our Lafayette office and John Alford from our Covington office joined forces to represent a sixty-year-old engineer who was injured on a vessel. Their combined expertise and resources resulted in a $1.5 million settlement for our client three days into jury trial.

The plaintiff, a newly employed engineer, was assigned to grease the anchor on the bow of a vessel during a night shift. While performing his duties, he slipped and fell on the grating that covered the anchor hole which caused a neck and spinal cord injury. As a new employee (but a long-time engineer on vessels), he was unfamiliar with the ship’s layout. He testified that the deck was cluttered with rope, and the grating was ill-fitted and dilapidated, which contributed to his fall.

Derek and John uncovered evidence that, within a week of the plaintiff’s employment, a fire in the engine room had disabled the ship’s electricity. Although temporary lighting was provided in some areas of the ship, there was no active lighting on the bow, which further contributed to the hazardous conditions and his unwitnessed fall         . Defendant argued he had the experience to stop work if he thought it was unsafe.

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On June 12, 2020, our client was on his delivery route as a local beverage distributor in Vermilion Parish, Louisiana, when his work vehicle was rear-ended by another truck which pushed him into the stopped car immediately in front of him. As a result, he sustained significant physical and mental injuries, including a documented traumatic brain injury, resulting in ongoing psychotherapy, medication dependency, and injection therapy.

Before the incident, the plaintiff was a healthy father and husband with goals to advance his career into upper management. Though he continued to work at a reduced capacity with the same employer, his treating physicians concluded that he was permanently impaired from this crash and required job accommodations and substantial future medical care.

Blake and Reed remained steadfast in their pursuit of justice for our client, meticulously gathering the evidence needed to build our client’s case. Their efforts ultimately led to a settlement of policy limits of $2 million before mediation or trial. The firm takes great pride in meeting our clients where they are and assisting them during difficult times. Service is one of the firm’s core values, and that service is epitomized by the selflessness and dedication shown by our attorneys and staff daily in thier relentless pursuit of justice in this case.

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The Broussard, David & Moroux office in Covington continues to expand with notable client case wins. As a testament to the success of our new office, attorneys John and Blair Alford secured a $4 million settlement for our client who was severely injured in a motor vehicle accident.

Our client was traveling on Highway 190 when an intoxicated driver was speeding and collided into the rear-end of their vehicle. At the time of the collision, the defendant displayed clear signs of drug impairment and admitted to drug use that same day. Further investigation confirmed that the defendant was under the influence of fentanyl and was performing job-related duties while operating the vehicle. As a result of the crash, our client required extensive medical treatments for their injuries.

The case continued to develop as John and Blair strategically reinforced evidence indicating that the employer was aware of the defendant’s drug addiction and had failed to enforce company policies and procedures. Their case against both the company and the defendant continued to strengthen as mediation approached.

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At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

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On April 2, 2021, an rental company employee parked his 18-wheeler on the right shoulder of Eraste Landry Road in Lafayette so that he could retrieve a forklift located down a private driveway off the right side of the road. His intent was to pull the forklift onto Eraste Landry Road, drive on the roadway to the back of his 18-wheeler, and load the forklift onto the flatbed trailer of his 18-wheeler.

When the 18-wheeler driver got to the end of the driveway and prepared to make a left hand turn onto the roadway, his 18-wheeler blocked his view of oncoming traffic and prevented approaching vehicles from seeing the forklift. Ignoring his obstructed view and without providing any warning to approaching drivers, he pulled the forklift onto Eraste Landry and crashed into the passenger side of plaintiff’s vehicle. Following the initial impact, our client crashed into a street sign and skidded to a stop on the side of the road.

As the result of the collision, our 41-year-old client suffered injuries to his cervical and lumbar spine including bulging discs at C3-4, C4-5, and C5-6 and a herniation at L4-5. Our client’s initial treatment included chiropractic care, physical therapy, and prescription medication that failed to resolve his symptoms. By April 2022, his treating doctors told him that he had two treatment options going forward: epidural steroid injections and surgery. 

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Contact Information
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Lafayette, LA 70501
Toll Free: 888-337-2323Phone: 337-233-2323Text: 884-302-2102Fax: 337-233-2353Email: info@broussard-david.com
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Lafayette, LA 70502
324 Courthouse Alley
Covington, LA 70433
1100 Poydras St
#3250
New Orleans, LA 70130

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