Drunk Driver

Federal Government Agrees to Settlement with Gulf-Polluting ATP Infrastructure Partners, LP

January 15, 2015 | by Broussard, David & Moroux

Operating in violation of both the Clean Water Act (CWA) and the Outer Continental Shelf Lands Act (OCSLA), ATP Infrastructure Partners LP (ATP-IP) has agreed to pay a $1 million civil penalty to settle a federal lawsuit over illegal discharges of oil and chemicals from an oil platform in the Gulf of Mexico.

The lawsuit, instituted by the United States, was resolved by way of joint judicial enforcement action involving the Environmental Protection Agency (EPA), the Bureau of Safety and Environmental Enforcement (BSEE), and the Justice Department.

In its complaint filed in the U.S. District Court for the Eastern District of Louisiana, the United States alleged that ATP-IP “violated Section 311(b)(3) of the CWA when oil and other pollutants were discharged into the Gulf of Mexico from the ATP Innovator.” Violation of this provision in the CWA opened up ATP-IP to possible civil penalties. The United States also urged that ATP-IP was liable for injunctive relief under OCSLA, “as the owner of the ATP Innovator … [for] hidden piping configuration [that] was being used to inject a chemical dispersant into the facility’s wastewater discharge outfall pipe to mask excess amounts of oil being discharged into the ocean.”

Study Reveals Correlation Between Daylight Savings Time and Higher Rates of Traffic Fatalities

December 15, 2014 | by Broussard, David & Moroux

Reduction of traffic accidents—particularly fatal traffic accidents—has long been at the center of public debate and the ambition of state and federal policymakers. The 1960s proved a watershed decade for transformation of traffic safety. With traffic fatalities on the rise in the 1960s, spiking at 49,000 traffic fatalities in 1965, public concern over traffic safety began to dominate the national discussion. Culminating with the 1965 publication of Ralph Nader’s “Unsafe at Any Speed”—a book that issued scathing criticisms of vehicle manufacturers for their willfully rejecting the addition of safety features into their automobiles—policymakers reacted. By calling on states to erect highway safety measures, the Highway Safety Act passed by Congress in 1966 was the first of many concentrated efforts to reduce this increasing problem. One important feature of this legislation was that it created the National Highway Traffic Safety Administration, or NHTSA, which primarily operates as a safety administrator, promulgating rules designed to increase safety on highways, but also to increase safety of the vehicles themselves by imposing regulations on manufacturers.

With the bulk of this debate happening from the 1960s forward, traffic safety has long been on the minds of citizens and policymakers. Improving safety based on readily observable causes—prohibiting intoxicated driving, reducing speed limits, requiring operating traffic signals, etc.—is one thing, but as a recent study reveals, sometimes the causal or correlative connection between a phenomenon and traffic safety is more mysterious.

A recent study by University of Colorado-Boulder PhD candidate Austin Smith revealed a curious correlation between daylight savings time and increased traffic fatalities. This study reviewed data on fatal vehicle accidents from 2002 to 2011 and compared the number of fatal accidents that occur just before and after daylight savings time changes took effect.

Profile of J. Derek Aswell

November 21, 2014 | by Broussard, David & Moroux

Here is an interview with Broussard, David & Moroux attorney J. Derek Aswell with The Advertiser:

http://www.theadvertiser.com/story/life/people/2014/11/13/j-derek-aswell/18960697/

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.

LSBA Installs Local Lawyer to 2014-15 Board of Governors

August 4, 2014 | by Broussard, David & Moroux

The Louisiana State Bar Association’s (LSBA) 2014-15 officers and members of the Board of Governors were installed June 5, in conjunction with the LSBA’s Annual Meeting in Destin, Fla.

Lafayette lawyer, Blake R. David, was installed by Louisiana Supreme Court Chief Justice Bernette Johnson as the Third District Member of LSBA’s Board of Governors. The Board of Governors is comprised of 22 volunteer leaders who are charged with fiscal responsibility for the LSBA and with administration of the affairs of the Association. The LSBA assists more than 22,000 members in the practice of law.

Blake R. David was raised in Lafayette and is a founding partner of Broussard, David & Moroux. Mr. David focuses on personal injury and wrongful death litigation with an emphasis on offshore/maritime, trucking accident, aviation, products liability, industrial accident, and automobile claims.

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.

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.

Drunk Driver Crashes into House before Injuring Family of 6 in Separate Accident

May 23, 2013 | by Broussard, David & Moroux

A drunk driver in Gretna crashed through a homeowner’s bedroom before fleeing the scene in his vehicle and injuring a family of six, including four children, in a separate accident just a few moments later. The drunk driver’s blood alcohol content registered .317, nearly four times the legal limit. No one suffered harm as a result of the first accident, but all six family members involved in the second accident suffered injuries and were treated at a local hospital.

Drunk driving remains one of the leading causes of fatal motor vehicle accidents across the nation, and offenders face serious civil penalties for the damages caused by their impaired driving. If you or your loved one suffered harm as a result of a drunk driving accident, you should consult with an experienced attorney to learn about your legal rights.