Motorists experienced delays of up to three hours as first responders cleared a serious truck crash on Interstate 10.
Details are sketchy concerning the wreck which occurred close to the Whiskey Bay Bridge and Ramah. Authorities state that the two trucks collided just west of the Atachafalaya Basin Bridge and caused traffic delays that stretched up to thirty miles. Before the injured semi-truck drivers could be rushed to local hospitals, they had to be extricated from the wreckage of their vehicles.
Investigators declined to state what the trucks were hauling but they said no hazardous materials were released. [Read more…] about Dual 18-Wheeler Crash Injures Two
Negligence
It’s Raining Cats And Dogs And Crashes
A Bergenfield, New Jersey man died in a serious car accident that took place on a rain-slick Slidell Roadway over Labor Day Weekend.
Authorities state that 66-year-old Milton Frank, of Slidell, lost control of his 2007 Tahoe on the eastbound side of Interstate 10; at the time, the road was already covered with a layer of water and the rain was still falling “heavily,” according to a statement. Mr. Frank crossed over to the westbound side and smacked head-on into a 2016 BMW driven by Steven Fernandez, of Bergenfield. Moments later, 24-year-old Irvin Darensbourg, of New Orleans, crashed into the wreckage in a 2002 Honda.
Mr. Fernandez was pronounced dead at the scene; a passenger in his car – 26-year-old Danielle Carballeira of Staten Island, New York – was seriously injured.
Fact Issues in Car Accidents
The duty of reasonable care basically demands that drivers do whatever is necessary and safe to prevent car accidents, and that includes operating their vehicles at a reasonable speed. The posted speed limit is presumed to be a reasonable speed under ideal conditions: plenty of light, dry pavement, and little wind. It stands to reason that if conditions are less than ideal (poor visibility, slick pavement, and/or high winds), drivers must slow down and drive according to the conditions.
This duty may also vary according to the type of driver and the type of equipment. While experienced drivers have no problem operating at or near the speed limit, new drivers may not yet have that much ability. As for the type of vehicle, some pickup trucks are notorious for their uneven weight distribution when the beds are empty. As a result, drivers must exercise care when maneuvering their vehicles, especially if traction is poor.
Legal Issues in Car Accidents
Whenever there are multiple impacts from multiple vehicles, it can be difficult or impossible to determine which impact caused which injury. In these kinds of car accidents, the foreseeability rule from Palsgraf v. Long Island Railroad (1928) often comes into play.
In Palsgraf, a woman at a train station was injured when some large scales fell on her. An investigation later determined that the scales toppled over because fireworks accidentally exploded on the other side of the platform, creating a shock wave that pushed against the scales and caused them to fall. The court ruled that the railroad company was not responsible for Ms. Palsgraf’s injuries, since they were not a foreseeable result of the first accident.
In car accident cases, if the injury was a foreseeable result of the tortfeasor’s (negligent driver’s conduct), the tortfeasor is generally liable for damages, regardless of whether the injuries were a direct or indirect result of the car accident.
For prompt assistance with a negligence claim, contact an experienced Lake Charles personal injury attorney from Lee Hoffoss Injury Lawyers. Our firm has a small-town feel and access to nationwide resources.
Industrial Accident Triggers Investigation And Fine At Plant
The Department of Labor found fifteen serious violations at a Center, Texas Tyson Foods plant, and fined the company $263,000.
Investigators from the Occupational Safety and Health Administration toured the poultry plant earlier this year, after OSHA received reports that a worker’s finger was amputated following an industrial accident. The worker tried to clear a belt jam by removing chicken parts, and doctors had to amputate a severely cut finger. Investigators ultimately cited the Arkansas-based company for a number of life-threatening violations, including improper safeguards on moving parts, dangerously high carbon dioxide levels, insufficient worker safety precautions, and improper compressed natural gas storage. Some violations were repeat violations, as this Tyson plant was also inspected and fined in 2012. [Read more…] about Industrial Accident Triggers Investigation And Fine At Plant
McDonald’s Hot Coffee Case: A Retrospective
The case which added fuel to the tort reform fires already burning around the country turns 22 this month. In the popular media, this personal injury case was about a woman who spilled a cup of hot coffee on herself and sued McDonald’s for $3 million. But, as is often the case, the truth is far different.
Pre-Suit Activity
Liebeck v. McDonald’s Restaurants involved a 79-year-old department store clerk who pulled into the drive-thru of a McDonald’s in Albuquerque, New Mexico and ordered a cup of coffee on February 27, 1992. At the time, McDonald’s required its restaurants to serve coffee at 190 degrees, or only slightly cooler than boiling water. The restaurant knew, or should have known, that 190-degree liquid could cause third degree burns – the kind of burns that require skin grafts to address – in as little as two seconds. The restaurant also knew, or should have known, that most other fast-food franchises served their coffee at about 160 degrees, a temperature that was not significantly lower yet meant that the victim had twenty seconds between spill and serious injury. There’s more. In the ten years preceding the case, McDonald’s had received over 700 complaints about coffee-related personal injury, paid over $500,000 to settle these claims, yet did nothing to alter its procedures. [Read more…] about McDonald’s Hot Coffee Case: A Retrospective
Landmark Fatigued Driving Report
Nationwide, drowsy driving may cause as many as one in five car crash fatalities, according to a recent report.
The Governors Highway Safety Association says that an estimated 83.6 million Americans get behind the wheel every day, even though they are dangerously fatigued. Industry experts, insurance company experts, and other professionals all collaborated on the 73-page study. In addition to the side-effects of drowsy driving, which include inattention, slow reaction time, and reduced decision-making ability, the report examined best practices for dealing with the problem, like the protocols that exist in Utah, Texas, and New York. Study authors were especially critical of commercial truck driver rules. Although the federal government has established limits for weekly hours of service, “repeated efforts to modify HOS regulations have resulted in the suspension of some provisions.” Additionally, the rules may be too generic to be effective, the report added. [Read more…] about Landmark Fatigued Driving Report
Swimming Pool Drowning At Community Pool In Youngsville
Surveillance footage which came to light after the incident clearly shows that an 8-year-old boy fell off a raft at an unattended swimming pool, and he had been at the bottom of the pool for some time before first responders arrived.
Youngsville Police Chief Rickey Boudreaux said the incident occurred during a family gathering. The boy, whose name was not released, was transported to a local hospital where he was later declared dead. [Read more…] about Swimming Pool Drowning At Community Pool In Youngsville