Louisiana Lawyer Blog

Judge Awards Over $144,000 to Injured Off-Shore Worker

November 18, 2022 | by Broussard, David & Moroux

On October 18, 2022, a crane mechanic was awarded over $144,000 in a Longshore and Harbor Workers’ Compensation Act claim after his employer denied responsibility for over two years.

On September 16, 2019, D.L. fell while descending the stairs of a heliport to the platform at Ship Shoal 178, in the Gulf of Mexico. It is estimated that the crane mechanic fell about five to six steps, landing on his back. Due to this incident, D.L. suffered injuries to his neck, back, right shoulder, and both hips.

After the accident, D.L.’s employer placed him in a modified position until he was let go six months later. The employer then denied D.L. was entitled to benefits based on its own doctor’s findings that all his symptoms were unrelated. However, D.L.’s treating physicians related his symptoms and their recommended treatment to the on-the-job injury.

Pedestrian Safety Tips

November 16, 2022 | by Broussard, David & Moroux

During the evening of November 13, Lafayette Police Department responded to the scene of a vehicle crash involving a pedestrian on Bertrand Drive. The female pedestrian died on the scene as a result of her injuries.

According to the National Highway Traffic Safety Administration (NHTSA), 6,516 pedestrians were killed and an estimated 55,000 were injured nationwide in 2020. In light of these facts and the events of last weekend, Broussard, David & Moroux would like to remind both those driving and walking of tips to keep everyone safe on the roads.

For drivers, the following tips can help to protect pedestrians walking near roads:

18-Wheeler Failed to Check For On-Coming Traffic

November 14, 2022 | by Broussard, David & Moroux

On August 5, 2022, a Western District of Louisiana jury awarded $3,000,000 in a rural tractor-trailer crash and assigned 100% liability to US Xpress and its driver.

On February 14, 2018, a scaffolder was on his way to work early in the morning fog on U.S. 190 approaching the intersection of inferior LA 26. At the same time, an 18-wheeler was stopped at the stop sign on LA 26 waiting on another vehicle to pass on U.S. 190. However, as plaintiff approached the intersection, the truck pulled out directly in front of plaintiff, blocked his lane of travel, and caused plaintiff to slam into the trailer near the rear tandem wheels. US Xpress alleged that the plaintiff was speeding, inattentive, and failed to brake timely.

Plaintiff suffered a severe cut to his right, little finger that led to amputation of the finger. Plaintiff underwent surgeries to his right finger, neck, and back, and continues to suffer from headaches and associated psychological injury.

Daylight Savings Time & The Difference an Hour Makes

November 3, 2022 | by Broussard, David & Moroux

Daylight Savings Time ends this Sunday, November 6. Many of us look forward to this time of year and are welcome to the idea of gaining an extra hour of sleep. It may seem like Daylight Savings only affects our sleep schedule and the sun going down earlier, but studies have shown there’s more to it than that.

Studies have shown a direct correlation between the time shift and motor vehicle crashes. In March, we lose an hour of sleep. Our sleeping patterns are disrupted, leading to many drowsy drivers getting on the road for their daily commute. Though we gain an hour of sleep come November, there are still legitimate risks that come with it.

Daylight Savings Time ending means it gets dark outside earlier, which limits visibility during our typical afternoon or evening commute home. This increases the risk that drivers, bicyclists, and pedestrians will be involved in an accident.

Helicopter Crash in the Gulf of Mexico

October 28, 2022 | by Broussard, David & Moroux

The U.S. Coast Guard received a call at 6:35 P.M. on Wednesday from Westwind Helicopter Inc. personnel confirming a company helicopter crashed into the Gulf with three people aboard. The crash occurred 46 miles offshore near Morgan City.

The Coast Guard District Eight watchstanders coordinated the launch of a Coast Guard Air Station New Orleans MH-60 Jayhawk aircrew and diverted an Aviation Training Center Mobile HC-144 Ocean Sentry aircrew to assist. The Jayhawk aircrew arrived and found two crewmembers hanging onto life rafts. These two crewmembers were hoisted from the water. The body of a deceased third crewmember was found in the fuselage of the submerged helicopter.

The two surviving crewmembers were transferred to University Medical Center New Orleans and were last reported to be in critical condition. The cause of the incident is still under investigation.

The Department of Interior Proposes a New Rule to Strengthen Offshore Safety

October 27, 2022 | by Broussard, David & Moroux

On September 12, 2022, the Department of Interior announced a new proposed rule to ensure offshore oil and gas operations on the Outer Continental Shelf are conducted with the utmost safety and oversight standards. This proposed rule builds on reformed instituted by the Department since the Deepwater Horizon tragedy that killed 11 offshore workers and caused billions of dollars of damages.

Following the Deepwater Horizon incident in 2010, the Bureau of Safety and Environmental Enforcement adopted several recommendations from multiple investigative teams to improve the overall safety of offshore energy operation. The BSEE Director Kevin M. Sligh Sr. says the proposed revisions “will protect workers’’ lives and the environment from the potentially devastating effects of blowouts and offshore oil spills.”

To further protect human lives and the environment, the Department is proposing revisions that would:

Safe Driving Tips for School Buses

October 11, 2022 | by Broussard, David & Moroux

The school year is now in full swing and it is important as drivers to continue to practicing safe driving, especially when children are involved.

On Thursday, September 29, a tow truck crashed into a school bus carrying 27 children in St. Landry Parish, causing two children to be airlifted to the hospital and two others taken by ambulance. Children were exiting the bus when the tow truck crashed into the rear of the bus. In order to prevent incidents like this from happening again, it is crucial to remember Louisiana’s laws and procedures when driving near a school bus.

In Louisiana, the law states the driver of a vehicle coming upon a stopped school bus and red lights are flashing must stop no less than 30 feet away from the school bus and shall not proceed until the bus resumes motion or the visual signals are no longer activated.

Current Status of the Basin Bridge Cameras

September 29, 2022 | by Broussard, David & Moroux

In June, Governor John Bel Edwards signed SB435 into law, which provided that safety measures, including camera safety devices, will be installed on the Basin Bridge as a measure to reduce safety risks.

The new law went into effect on August 1, 2022 and will be implemented in three phases:

Phase one began with crews installing “Higher Fines” and “Safety Corridor” signs to warn drivers of the changes. Also, as of August 1, 2022, fines are doubled for those speeding. This means those speeding may face fines as high as $350.

Partner Richard Broussard Receives LAJ President’s Award

September 29, 2022 | by Broussard, David & Moroux

Partner Richard Broussard was presented the President’s Award by the Louisiana Association for Justice (LAJ) President Blake David on September 23 at the LAJ Fall Conference in New Orleans.

The President’s Award is presented annually to LAJ members who have provided outstanding and highly dedicated service to the legal profession.

Within the Louisiana Association for Justice, Mr. Broussard served on the Board of Governors from 1983-1986 and on the Executive Committee from 1996-1997.

Camp Lejeune Water Contamination Claims

September 22, 2022 | by Broussard, David & Moroux

On August 10, 2022, a comprehensive bipartisan bill was signed into law, allowing veterans, family members, and others who lived or worked at Camp Lejeune (North Carolina) between August 1, 1953 and December 31, 1987, to recover for illnesses caused by water contamination. This includes those who have already gone to the VA for benefits.

The water contamination at Camp Lejeune was caused by the waste disposal practices of an outside dry-cleaning establishment, as well as leaking underground storage tanks, waste disposal sites, and industrial area spills. The water plants were contaminated by PCE, TCE, benzene, and vinyl chloride.

To be eligible to file a claim, you or a loved one must have lived, worked, or have been otherwise present at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1937 and developed some type of physical harm due to the base’s contaminated water. Individuals who are eligible to file a claim include veterans, civilian workers, contractors, and family members of veterans, as well as those who were in the womb at the time and exposed in utero.