Auto Accidents

Robert Brahan obtained notable settlement representing plaintiff injured in head-on auto-accident caused by low visibility on roadway

November 18, 2024 | by Broussard, David & Moroux

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.”

Broussard, David & Moroux Sees an Increase in Auto Accident Injury Clients Each October

October 31, 2024 | by Broussard, David & Moroux

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:

Derek Aswell and John Alford’s Collaboration Leads to $1.5 Million Settlement for Injured Engineer

September 18, 2024 | by Broussard, David & Moroux

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.

Blake R. David and Reed K. Ellis obtain $2M Settlement for Client Rear-ended in Vermilion Parish

August 28, 2024 | by Broussard, David & Moroux

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.

John & Blair Alford Obtain $4 Million for Client Severely Injured by Impaired Driver

August 7, 2024 | by Broussard, David & Moroux

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.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

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.

Robert Brahan awarded $2.2 MM jury verdict

May 22, 2024 | by Broussard, David & Moroux

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.

J. Derek Aswell, jury trial results in successful client representation

May 22, 2024 | by Broussard, David & Moroux

I was fortunate and honored to represent my clients. Due to the negligence of a truck driver that failed to stop after losing a tire on Interstate 10, my client’s life changed forever, as a loose tire struck the front of his truck sending it airborne.

My client was forced to make a difficult choice that is all too common with our clients: undergo the recommended neck surgery, or continue to provide for his family while working in horrible pain. My client showed toughness and dedication by choosing the latter so that his family had financial security.

Further, my client’s treating physicians and family played a vital role in the jury’s verdict through their testimony. His doctors described in detail the severity of my client’s injuries, while his family testified how this horrible accident completely changed how my client lived his life. The dancing, dirt bike and fishing enthusiasts no longer performed those activities because of his injuries he sustained in the September 1 , 2020 accident.

Jerome Moroux obtains $23-million-dollar settlement

May 6, 2024 | by Broussard, David & Moroux

Jerome H. Moroux, partner at Broussard, David & Moroux, recently obtained a $23-million-dollar settlement for personal injury claims stemming from a motorcycle accident. The settlement was one of the largest in the firm’s history, and a career high for Moroux.

The accident was caused by a delivery driver who, while driving on Interstate 49, suddenly changed lanes into the plaintiff’s motorcycle. The plaintiff was thrown nearly 250 feet before finally landing in a ditch near the highway. The plaintiff suffered numerous severe injuries, including a traumatic brain injury. Before trial, Moroux successfully moved the trial court to find that the defendant driver was 100% at fault in the crash.

The plaintiff’s physicians determined that he would need treatment for the rest of his life, including eventual inpatient care due to the likely progression of his brain injury. Though the defendant worked to minimize the severity of the client’s injuries, Moroux fought for his client’s treatment needs.

Where We Stand: Louisiana Updated DWI Bill to Prevent Impaired Driving

March 1, 2024 | by Broussard, David & Moroux

Last Thursday, great strides were made in Louisiana towards preventing impaired drivers and ensuring better road safety in our area. Senate members unanimously approved a new bill requiring the use of ignition breathalyzers in vehicles for six months following a person’s first DWI conviction.

The Interlock devices work by requiring drivers to breathe into them in order to start the vehicle’s ignition and can detect BAC below a pre-set limit of 0.02—the equivalent to one alcoholic beverage. In Louisiana, the Blood Alcohol Content (BAC) is 0.8, meaning that any driver with a BAC over the limit is considered intoxicated under the law. If properly set up, the Interlock devices will prevent driving before the legal limit is reached, making it improbable to drive drunk.

According to the CDC, Ignition breathalyzers or interlock devices reduce repeat offenses by 70%.