An estimated 14 percent of Louisiana drivers are uninsured, and this figure is well above the national average. On top of that, there are a significant number of under-insured drivers, because the state minimum is only $15,000 per person in bodily injury coverage and $25,000 in property damage coverage.
Fortunately, in many such cases, there may be a responsible third party in addition to the tortfeasor (negligent driver), so victims can more easily obtain fair compensation for their injuries.
[Read more…] about Third Party Liability In Car Crashes
Negligence
Gotta Catch ‘Em All
After a rash of crashes in Louisiana and elsewhere, officials are warning drivers not to play Pokémon Go while they are behind the wheel.
The game has been available on smartphones for less than a month and has already been downloaded millions of times in the United States alone. In the virtual reality-type game, players must physically run, walk, stop, and move in order to meet certain objectives. One Louisiana tow company said it pulled three cars out of ditches in one day, and all three vehicle owners were playing while driving. “She was pursuing a Pokémon character and, you know, missed her turn,” commented Walker Police Captain John Sharp, when speaking about one such incident. “You shouldn’t be doing this while you’re driving,” he added. [Read more…] about Gotta Catch ‘Em All
Motorcycle vs Car Accident At Fault Questioned
Investigators have yet to assign fault in a motorcycle-vehicle crash in Calcasieu Parish.
Louisiana State Police report that 46-year-old David Butts, of Sulphur, was southbound on Highway 27. As he attempted to pass the vehicle in front of him, that driver suddenly made a left turn into a private driveway and crossed directly into Mr. Butts’ path. The force of the collision launched him off his motorcycle. First responders rushed Mr. Butts to a nearby hospital, where he was later pronounced dead. [Read more…] about Motorcycle vs Car Accident At Fault Questioned
The Origins of Duty, Part II
In the 1830s, when the court decided Vaughan v. Menlove, everyday life was not much different than it had been in the 1630s, especially in the rural English countryside. But a hundred years later, the world was a lot different. Inventions like the car and telephone connected people like never before, radio and cinema ushered in a new era of mass communication, and massive industrialization changed the way the economy worked. Perhaps even more importantly for the issues involved in Donoghue v. Stevenson (1932), many people were still traumatized over the events of World War I, because millions of people – combatants and noncombatants alike – had been directly or indirectly killed with little or no regard to their welfare. [Read more…] about The Origins of Duty, Part II
The Origins Of Duty, Part I
Many Louisiana statutes and court procedures originally came from French law, but others came from the common law (judge-made law) in England. Duty in a negligence case is one such concept. Depending on the relationship between the parties, the defendant has a duty of care with respect to the plaintiff. In most cases, this duty involves reasonable care.
When an English court considered Vaughn v. Menlove in 1837, the concept of “duty” existed only in commercial law, because the parties to a contract had a duty to perform their obligations if at all possible. The facts of this case motivated the court to expand this concept to everyday life, at least in some instances. [Read more…] about The Origins Of Duty, Part I
Animal Attack Raises Landowner Liability Questions
A disturbing incident at a Walt Disney World beach highlights the danger that victims may experience this summer.
Orange County Sheriff Jerry Demings says his office will not press charges against Melissa and Will Graves, of Omaha, Neb., after a giant alligator snatched their 2-year-old son off a beach that was marked “No Swimming.” However, the park owners did not post any warning signs about alligators, and a Walt Disney World representative said that the park would “thoroughly review” the situation. Sheriff Demings said that both his agency and the state wildlife department would look into the matter as well.
Divers found Lane Graves’ lifeless body about 16 hours after his parents reported the initial incident. [Read more…] about Animal Attack Raises Landowner Liability Questions