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New Orleans Criminal Defense and Personal Injury Law Blog

Does wearing a seatbelt make a difference in some auto accidents?

Louisiana drivers and their passengers should always wear a seat belt. However, the outcome may be the same in some auto accidents regardless. In those crashes, the force of the impact may have more to do with the serious or deadly injuries suffered by the occupants of a vehicle than anything else (such as in a semitrailer versus passenger vehicle accident).

This may have been the case in a crash involving a big rig and a passenger car that took place at around 5:45 a.m. on a recent Thursday morning. As the two vehicles headed toward each other on Louisiana Highway 124, the 26-year-old driver of the passenger car somehow lost control. His vehicle then veered into the path of the 18-wheeler.

Auto accidents can occur even before leaving the driveway

When Louisiana residents hear about crashes that took place as someone pulled out of a residential driveway, they may not automatically think that someone in another vehicle died. They may wonder if a child was injured or killed or if it was a fender bender that created more of an inconvenience than anything else. However, several auto accidents that occur when exiting a residential driveway do result in serious injuries or deaths.

The driveways of many homes meet roadways on which the speed limits make crashes more serious. For instance, a Louisiana motorcycle rider recently lost his life on a Sunday evening. As he rode on Louisiana 23 in the right hand lane, another driver began pulling out onto the roadway. The motorcycle was unable to stop and crashed into the back of the vehicle. The driver was thrown off it and landed in the roadway.

Other people's impatience can cause unnecessary auto accidents

Many Louisiana drivers can empathize with being stuck behind a slower vehicle on a two-lane road. A driver may impatiently wait for an opportunity to pass the slower moving vehicle, but if that driver misjudges distance or fails to wait until he or she is certain the roadway is clear, the result could be a devastating crash. These types of auto accidents happen more often than anyone would like, sadly.

In fact, one occurred on a recent Friday evening not too long before 8 p.m. Three vehicles traveling on U.S. Highway 80 had no idea that their lives were about to be intertwined forever. The 25-year-old driver of a passenger car became impatient with the slower moving pickup truck in front of his car. He began passing the pickup, but failed to ensure that the roadway was clear before doing so.

Family awarded $40M in medical malpractice case

Like emergency rooms across the country, those here in Louisiana are busy places. This means that the doctors, nurses and other medical personnel often have limited time with patients and many duties to attend to all at the same time. Having said that, their first responsibility is always to the patient, and when they fail to meet the appropriate standard of care, and a death occurs, a medical malpractice claim could result.

This was the case after the death of a college student in 2013. She went to the emergency room complaining of breathing difficulties. Reports indicate that her symptoms alluded to a pulmonary embolism. Despite this fact, no tests were done, and she was sent home with a diagnosis of a virus. That was on Oct. 17, 2013.

2 ways you can hurt your criminal case

When facing criminal charges in Louisiana, one thing you need to remember is that your actions and words matter. The prosecution is gathering evidence against you. You do not want to provide them with anything they could use to question your credibility, character or innocence. It is important for you to be mindful of your actions and behaviors so you can avoid complications in your criminal case that can make it harder for you to get a fair trial and outcome. 

As tempting as it may be for you to return to your normal activities and routines, you should think twice about doing so. Here are two actions you should avoid. 

Will a friendly relationship end with a wrongful death claim?

As summer officially winds down, many people are out on Louisiana's waterways getting in some last-minute fun before the school year starts. This may have been the case with some people who were recently boating here in the state. What started out as a day on the water suddenly became a tragedy, and the family of an 8-year-old boy may exercise their right to file a wrongful death claim against someone they may have previously called a friend.

The young boy was part of a group of three children on an inflatable tube attached to the back of a boat. Four people were on the boat when the driver turned the boat. The tube slammed into the bank and ejected its occupants. One boy suffered minor injuries, another was taken to the hospital for injuries that were reportedly not life-threatening and the 8-year-old succumbed to fatal injuries.

Louisiana felonies: What is burglary?

Do you have to steal anything to be charged with burglary? Not necessarily. Burglary is one of those Louisiana felonies that tends to confuse people. First, the terms burglary and robbery are often used interchangeably, but they are two distinct crimes. This article focuses on burglary.

If you enter into a residence, commercial building or other structure without a lawful reason to do so, you could be charged with burglary. Even if you do not break a window, door or other mechanism to enter into the structure, you may still be "breaking" into it. This is because the legal definition of breaking does not require a violent entry. If you simply push or pull open a door to a structure you are not supposed to be in, you could face burglary charges.

What to do if you are facing first-time criminal charges

There is a first time for everything, and unfortunately, this may also include criminal charges. If you or your child has been charged with an offense for the first time, you likely have lots of questions about what to expect next and what your options are. It is important to approach the situation conscientiously so that a single incident does not completely derail your life for years to come.

According to Vote New Orleans, first time offenders in Louisiana may benefit from legislation passed within the last year regarding early parole release. Anybody facing charges should be aware of this as well as the following three tips. 

Living with a traumatic brain injury

Each year, numerous Louisiana residents are involved in accidents of various types. Many of them suffer a traumatic brain injury, which could leave them with lifelong challenges. Some victims may require medical and additional care for the rest of their lives, and others may not be able to continue to work.

Part of the problem is that no two brain injuries are exactly alike. In addition, the brain can be fickle. An injury to the same area of the head could result in different consequences for two different people. Sufferers may not realize that their memory issues are attributable to their injuries. When memory issues are bad enough, it can be a challenge to get through the day.

Auto accidents can turn Louisiana vacations into nightmares

Many people come from all over the country to vacation here in Louisiana. As they drive on the state's highways and byways, auto accidents will happen. Some of them are serious enough to cause loss of life. In those tragic circumstances, vacations become nightmares in a matter of seconds.

This happened to a family from a neighboring state in what many call a freak accident. As they traveled into Louisiana on Interstate 20 just inside of the state line, a livestock trailer was headed in the opposite direction. As the two vehicles approached each other from opposite directions, one of the livestock trailer's tires flew off.

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