Drunk Driver

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.

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%.

Stay Safe as the Bons Temps Rouler

February 13, 2024 | by Broussard, David & Moroux

With the fun and exciting energy of Mardi Gras, there are far busier streets with large crowds of moving pedestrians and jam-packed traffic that can lead to terrible accidents if you are not well equipped to handle them. As experts in personal injury practice, we would like to offer our best advice to keeping yourself and others safe during the season.

Mardi Gras Safety Tips:

Stay behind barricades.

Our Guide to Safe Driving This Season

December 21, 2023 | by Broussard, David & Moroux

Our firm stands firmly as an advocate against impaired driving to keep our friends and family out of harm’s way. We are proud to have partnered with KLFY, a local news station, to bring safety tips to you as a reminder to be aware of your surroundings and keep help keep you and your family safe.

According to the CDC, more than 10,000 people in the United States die each year in crashes that involve an alcohol-impaired driver. Though a devastatingly high statistic, dedicated efforts have helped to bring that number down significantly since 1980.

December is National Drunk Driving Prevention month, so we have utilized our platform on KLFY to remind you of ways to stay safe throughout the year using some basic tips.

Things to Remember When Spending a Day on the Boat

April 5, 2023 | by Broussard, David & Moroux

Spring has officially sprung bringing warmer weather with it. These weather conditions encourage people to jump back into their beloved outdoor activities, especially boating. Whether it be a weekend trip to the lake or a spring break trip to the beach, it is important to keep in mind a few safety procedures as you head back onto the water after a long winter:

While boating, be on the lookout for piers, docks, swim platforms, boat lifts, buoys, and markers, in order to prevent collisions.
It is good practice to always wear a life jacket or, at the least, be sure to have the required number of life jackets on board at all times. All states have different age requirements for life jackets, so be sure to check what those laws are depending on where you are boating. In Louisiana, all persons 16 year of age and younger much wear a life jacket while on a vessel less than 26 feet long.

Teenager Hit by Propeller in 4th of July Boating Accident

July 5, 2022 | by Broussard, David & Moroux

On Monday, 17-year-old Madison Bradley was riding on a pontoon boat in Blind River, driven by 33-year-old David Crowe.

Bradley, along with a male passenger, was standing on the front of the boat past the guard rails when they struck the wake of a nearby boat. They both fell overboard into the water, with the male having minor injuries; Bradley was hit by the vessel’s propeller, suffered severe injuries, and did not resurface.

Authorities were informed that there was a missing boater and Bradley’s body was found around 8 P.M.

False River Boating Accident Leaves Three Children Injured

August 12, 2021 | by Broussard, David & Moroux

On Sunday, August 9, 2021, a party barge reportedly operated by a Lafayette resident hit a group of children on an inner tube on False River. The children ranged in age from 8 to 14. The boater(s) reportedly fled the scene of the accident. Investigators say that the driver of the boat went home and refused to take a sobriety test. The Department of Wildlife and Fisheries is investigating the incident. Although there were no fatalities, one of the children was airlifted to a Baton Rouge hospital and may face prolonged recovery time.

Broussard, David & Moroux reminds boaters and spotters to be vigilant when operating a vessel and/or pulling a tube. Further, please take boater education safety courses offered for free at the Louisiana Department of Wildlife & Fisheries website: https://www.wlf.louisiana.gov/page/boater-education.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle boating and tubing incident cases and will fight to obtain fair compensation for the injuries of yourself or your loved ones. 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).

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.

Fort Polk Soldier Charged with Vehicular Homicide after Fatal Wreck in Vernon Parish

February 5, 2018 | by Broussard, David & Moroux

In November of 2017, Galvan Alejandro Jr. and William Rhodes were traveling in Vernon Parish, Louisiana when Alejandro, the driver, lost control of the vehicle, went off the road, struck a culvert, and hit several trees. Despite wearing a seatbelt, Rhodes, the passenger, was ejected from the vehicle and killed. The driver sustained only moderate injuries. Suspecting alcohol and excessive speeding as causes for the crash, in January, Louisiana authorities arrested the driver for vehicular homicide and reckless operation.

Louisiana law defines “vehicular homicide” as “the killing of a human being caused . . . by an offender engaged in the operation of . . . any motor vehicle” when the driver is under the influence of alcoholic beverages or other intoxicants. If convicted of vehicular homicide, the driver can be fined and imprisoned for no less than five years and no more than thirty years. In addition to facing possible jail time, under Louisiana law, a drunk driver can face liability for punitive damages, which can be awarded in addition to compensatory damages in some cases. Louisiana Civil Code article 2315.4 states, “exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by . . . a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”

Punitive damage awards can vary depending upon the facts of each case and even the location of the trial. For example, Broussard, David & Moroux partner Blake R. David was lead counsel in Thibodeaux v. AFTCO, where a Lafayette Parish jury awarded punitive damages of nearly $15,000,000.00 against an intoxicated driver. In Calcasieu Parish, Broussard, David & Moroux partner Blake R. David was also lead counsel in Tingle v. American Home Assurance Co., where the jury returned a verdict which included $5,000,000.00 in punitive damages where an intoxicated driver caused the death of a family’s two-year-old daughter. In Thistlethwaite v. Gonzalez, another case in which Blake David was lead counsel, a St. Charles Parish trial court awarded over $25,000,000.00 total in punitive damages against an intoxicated defendant driver.

Authorities Still Investigation Cause of Deadly Crash

May 24, 2016 | by Broussard, David & Moroux

A two-car collision in Baton Rouge last Saturday resulted in the death of a Memphis man and an injured local preacher.

George Mabon and Reverend John Pitzer were passengers in a Mercedes when it was stuck at the intersection of South Acadian Thruway and North Boulevard. Authorities believe that a southbound Nissan ran the red light and struck the back of the west-traveling Mercedes. Pitzer suffered fractured ribs and was transported to a local hospital. Mabon did not survive the crash.

The unidentified Nissan driver has yet to be charged, pending an ongoing investigation that involves accident reconstruction and the driver’s blood test. However, charges have already been filed on the driver of the Mercedes, John Baur of Memphis, after officers observed visible signs of intoxication at the time of the accident. Responding officers reported that Baur’s eyes were red, his balance unsure, and his breath and person smelled of alcohol. A field sobriety test was conducted and Baur’s blood-alcohol level registered 0.13 percent. In Louisiana, a blood-alcohol content of 0.08 percent or higher is considered presumptive evidence of drunk driving. Baur was booked on counts of first-offence DWI and reckless operation, with other possible charges pending.