Louisiana Lawyer Blog

Acadiana Drunk Driving Arrests On The Rise

March 29, 2012 | by Broussard, David & Moroux

Lafayette Parish has been among the top three parishes in Louisiana for alcohol-related crashes, and was one of 10 pilot parishes to receive money from the state Department of Health and Hospitals to reduce such accidents.

In 2009, The Knowledge Effect (previously the Lafayette Coalition to Prevent Substance Abuse), a coalition to fight drunk driving, received a $1.3 million dollar grant to increase DWI patrols and boost the number of DWI arrests in Lafayette Parish.

According to a report issued by the coalition, the drunk driving arrests in Lafayette has risen from 211 in 2007 to 1,144 in 2011, and a decrease in alcohol-related fatal wrecks in Lafayette Parish from 24 in 2007 and 2008 to 16 in 2009 and 11 in 2010.

Lafayette Police Chief Jim Craft wrote that “the program’s all-inclusive approach to every aspect of alcohol use has been very effective and contributed to the decreased number of deaths from alcohol- related accidents in Lafayette.”

Geismar Plant Explosion Releases Toxic Chemicals

March 22, 2012 | by Broussard, David & Moroux

This month, a fire and explosion at the Westlake Chemical Corp. Complex in Geismar resulted in an estimated 15 compounds being released over the Mississippi River in Ascension Parish. Only a few of those compounds, including hydrochloric acid, chlorine, vinyl chloride monomer exceeded the one-hour permit level set by the Department of Environmental Quality.

The cause of the fire is currently being investigated by the Westlake Chemical Corp., Department of Environmental Quality, the U.S. Occupational Safety and Health Administration, and Louisiana State Police. The vinyl chloride monomer plant will likely be unable to open again until May.

There were no injuries, however the incident has prompted responses from environmental groups concerned about the potential harm from exposure to harsh chemicals and civil suits in state district court. PVC facilities, such as this Geismar facility, have been a concern for many years due to the carcinogenic properties of vinyl chloride, even in small quantities. One particular group, Louisiana Environmental Action Network, said “The March 22 fire at the facility is of grave concern to the community because of the toxicity of the particular chemicals released.”

Louisiana School Boards Association Supports Anti-Bullying Bill in Legislature

March 15, 2012 | by Broussard, David & Moroux

The Louisiana School Boards Association passed a resolution in unanimous support for the Bullying Prevention Act of 2012, an anti-school bullying bill before the state legislature this session. The bill purports to make schools safer by providing a means for students to directly report instances of violence to school administrators and school board officials.

Almost one third of all students ages 12 to 18 report being bullied in U.S. schools. In the tragic event that bullying leads to serious injury or suicide, the victim or victim’s family may have legal rights under state tort law. Negligence law can be used to hold a school legally responsible for a bullying injury if the school failed to adequately supervise or protect the students. Intentional tort claims can also arise against a school and bully when a student suffers an intentional injury at school.

In addition to state law, Title IX of the Federal Education Amendments of 1972 is a federal law that gives a student the right to sue her school district if the student suffered severe, pervasive, and objectively offensive sexual harassment while at a federally funded school and if the school administrator knew of the harassment and ignored it.

BP Oil Spill Settlement Reached

March 8, 2012 | by Broussard, David & Moroux

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP’s estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs’ lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Louisiana lawmaker moves to ban cell phones in vehicles

March 1, 2012 | by Broussard, David & Moroux

State Rep. Austin Badon is continuing his battle to ban all cell phone use while driving in Louisiana. Badon introduced a bill this month that seeks to ban all cell phone use while operating a motor vehicle in the state, with the exception of hands-free devices.

For the past four years, the legislature has consistently struck down similar bills involving cell phone use. But when it comes to distracted driving, the political climate may be changing in the legislature. Last session, the legislature agreed to pass a bill that banned texting while driving, allowing police officers to stop drivers for the sole offense of texting while operating a motor vehicle.

In recent years, electronic distracted driving has been a major cause of motor vehicle accidents and fatalities in the United States. In Louisiana, statistics reveal that distracted driving was a contributing factor in 2,788 motor vehicle accidents in 2011 alone.

Acadiana Area Senator To Tackle DWI Sentencing

February 26, 2012 | by Broussard, David & Moroux

The Governor’s Task Force on DWI and Vehicular Homicide recently suggested that the state require judges to sentence all convicted drunk drivers to some jail time. In light of the upcoming legislative session, Sen. Jonathon Perry now intends to introduce a bill that would mandate jail time for DWI offenders by eliminating a judge’s discretion to reduce DWI sentences.

Sen. Perry believes that the proposed legislation would assist the state in reducing alcohol-related injuries and fatalities. However, critics argue that judges need this discretion to justly sentence some DWI offenders, particularly first-time offenders with no history of substance abuse. Sen. Perry indicated that he may be willing to compromise for first-time offenders.

Ship Fire Leads to Question of Vessel Safety on Capitol Hill

February 16, 2012 | by Broussard, David & Moroux

A Costa cruise ship caught fire early this week, leaving over 1,000 passengers stranded in the Indian Ocean. After the ship’s generator room caught fire, the ship was left without electricity and began to drift. Authorities rushed to the liner to help passengers and to search for the cause of the accident.

This fire occurred only one month after Costa’s Italian cruise tragedy that killed over 25 people and left seven others missing. In light of these two accidents, Congress met to evaluate the safety of cruise ship vessels using U.S. ports. The hearing reviewed the adequacy of current U.S. cruise ship safety regulations and sought to find a cause of last month’s deadly accident.

Mississippi River Barge Collision Raises Questions about Maritime Law and Environmental Safety

February 9, 2012 | by Broussard, David & Moroux

Two barges collided in the Mississippi River near St. John the Baptist Parish this month, spilling an estimated 10,000 gallons of crude oil into the Mississippi River. No injuries were reported, and the cause of the accident remains unclear. This accident shows the relationship between maritime law and environmental safety.

In the maritime setting, a vessel owner or operator’s failure to take reasonable safety measures can lead to serious injury. For this reason, the crew’s health and safety should be a priority to vessel owners and operators. In addition, because large vessels often carry dangerous toxic chemicals, vessel owners and operators also owe a duty to the public to transport these chemicals safely.

Maritime law can be used to protect a seaman’s rights when he suffers an injury on the job. The Jones Act is a federal statute that protects maritime workers who are injured or killed on the job. Under the Jones Act, a worker must prove negligence on the part of his employer. Upon proof of negligence, an injured seaman is entitled to receive maintenance and cure, which includes a daily payment at a fixed rate and payment for medical expenses reasonably necessary to restore the seaman to health.

Louisiana DOT to install more cable barriers on I-10

February 2, 2012 | by Broussard, David & Moroux

State transportation officials began the next phase of its 22 ½ mile project to a build cable barrier along I-10’s median between Baton Rouge and New Orleans. Studies suggest that cable barriers are an effective means of preventing deadly crossover crashes.

Crossover accidents can occur when a driver loses control of his vehicle, and the vehicle crosses over the median into oncoming traffic. Common causes of these accidents include speeding, distracted driving, drunk driving, unexpected changes in road conditions, or hydroplaning. All too often, in a crossover accident, an innocent driver’s vehicle is struck by an unexpected oncoming vehicle, resulting in serious injury or even death.

In the past, crossover crashes have been a major cause of highway fatalities in Louisiana. However, these cable barriers appear to be a step in the right direction for protecting Louisiana drivers. State troopers reported an almost immediate reduction in crossover accidents since the installation of the first installment of the cable barrier along I-10. According to state officials, the existing cable barrier on I-10 already reduced crossover accidents by 100 percent.

Derailed Train Causes Injuries

January 26, 2012 | by Broussard, David & Moroux

An Amtrak Train carrying over 70 passengers derailed in Michigan this week after colliding with a large truck that was stuck on its tracks. The accident sent 10 people to the hospital. This accident follows a string of recent Amtrak crashes over the past year, including two Louisiana Amtrak accidents that occurred in less than 24 hours last April.

In 2011 alone, there were over 10,000 train accidents in the United States. Many of these accidents occur at railroad crossings. Railroad crossings can be extremely dangerous junctures and often present challenging legal questions. As a common carrier, train operators are required by law to exercise a greater duty of care when operating the train. Nevertheless, it is often difficult to pinpoint the negligent actor in a railroad crossing accident.