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Lake Charles Legal Issues Blog

Motorcycles are deadly, and it's not really getting better

Motor vehicles, in general, are one of the leading causes of death in the United States. Everyone takes a risk nearly every day, just driving to work. However, the stats show that motorcycles are certainly one of the deadliest vehicles to use. Moreover, the trend has not really been getting better with time.

When you look at cars, there is a clear downward trend in deadly accidents. Even as the population goes up, cars are getting safer. According to the Insurance Institute for Highway Safety, there were 30,601 deaths in passenger vehicles back in 1975. In the same year, there were 3,106 deaths involving motorcycles.

Man claims malpractice against dialysis provider

it is reasonable to expect that when we go to a medical facility that we will be treated well and actually cared for, but sadly, this is not always how things play out. For one Louisiana man, he is claiming that the negligence and poor care he received while undergoing a routine dialysis treatment has left him in a far worse state than he was when he went in for the treatment.

The man's complaint alleges that he had gone in for a standard dialysis treatment and wa in the middle of the process when a staff member ordered him to be taken off of the dialysis machine prior to the completion of the treatment. In the wake of this event, the man claims that his health took a sharp decline, leaving him extremely weakened and ultimately causing him to require hospitalization and further intensive dialysis treatment under the care of another healthcare provider.

Study reveals the prevalence of wrong-patient errors

When we enter the hospital to undergo a procedure or receive care for a medical emergency, the last thing on our minds is that our patient identity could somehow be confused with another person. That's largely because our attention is focused on our health, and also because we assume a general level of competency, such that this type of medical error would seem inconceivable.

According to a recently released study from the ECRI Institute, a nonprofit dedicated to advancing patient safety, patient identification errors at medical centers are actually occurring with alarming regularity, sometimes with deadly results.

GHSA report finds dramatic increase in teen driver deaths

Last week, the National Highway Traffic Safety Administration released a shocking report revealing that the roads and highways here in the U.S. have recently become much more dangerous. Indeed, the report found that 17,775 people lost their lives in motor vehicle accidents during the first half of 2016, marking a 10.4 percent increase from the same time last year and a continuation of an otherwise disturbing trend.

On the heels of this unsettling report, comes another from the Governors Highway Safety Association, a prominent vehicle safety advocacy group, detailing how more must be done to mitigate the fatal accident risk facing teen drivers. 

Who is liable when an accident includes a delivery driver?

It's a complicated question with a lot of variables, but the simplest answer is both driver and employer.

Whether delivering pizzas or parcels, the law is the same. It's dependent on what the driver was doing at the time of the accident. Liability is also tied to the employee's status, the ownership and condition of the vehicle and the driver's own insurance policy. In most scenarios, an employer is at least partially culpable whenever someone is injured or property is damaged in the course of their work. The employer is often better off financially and can afford a settlement more readily.

Daimler recalls semis

German-owned Daimler Trucks, makers of Mercedes-Benz, Freightliner Trucks, Thomas Built Buses, Detroit Diesel and many other auto subsidiaries, has recalled several 2014-2017 models of their Freightliner and Western Star series semi trucks.

There are two separate recalls/defects

Freightliner Cascadia trucks with compressed natural gas engines, model years 2013-2017, have been found to short out from water and other road liquids, which can cause fires and, consequently, traffic collisions.

The other recall affects numerous models from 2014-2017, all bearing the Freightliner or Western Star brands. In these trucks, the front axle hubs may not support the full weight limit, which could cause wheels to separate from the vehicle to crash or would create unsafe road hazards for drivers and other surrounding vehicles.

A truck's loose cargo can be deadly

When you're rolling down the highway at 70 mph, the impact from a loose item is far more than its weight. It comes at you at highway speed with the added impact of hitting your car and maybe even the person in the driver's seat.

With all of the trucks hauling equipment through Louisiana, the smallest unsecured or broken piece can have a deadly impact. AAA estimates there are over 25,000 debris-related crashes each year, with 80-90 fatalities. They don't just happen from an item smashing into a windshield or falling into the road and blowing out a tire, but from drivers' sudden moves to avoid contact.

Excess and inappropriate speed both contribute to car accidents

When local Louisiana drivers view another car that appears to be going too fast, they might think that the driver is going to cause an accident. Indeed, speed is a contributing factor to not only countless car accidents, but also to the severity of such accidents. In other words, it is all too common for the typical car crash to be either caused by speed or worsened by at least one driver going too fast.

According to the World Health Organization, two types of speed contribute to crashes and the severity thereof, excess speed and inappropriate speed. In general, excess speed is defined as going over the posted speed limit, whereas inappropriate speed involves driving too fast for the current conditions. For example, a driver going 40 mph through a 25 mph school zone is exhibiting excess speed; likewise, a driver going 65 mph on a highway during an ice storm may be exhibiting inappropriate speed, even if he or she is not surpassing the speed limit.

Proposed speed limits could reduce damage after a truck accident

Drivers in Louisiana will inevitably encounter large trucks when out on the road. Their prevalence can lead to complacency in thinking that they are just part of the landscape and there is little to worry about in terms of being injured in a truck accident. The reality is that these vehicles carry with them a significant danger even in the best of circumstances. A common issue with these trucks is the speed at which they travel. Regulators' attempts to find a way to limit their speed is indicative of how widespread the problem is.

The National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) jointly proposed that heavy-duty vehicles have a device installed in them that will limit their maximum speed. With this, all new vehicles would have the device set at a speed that cannot surpass a certain number. The weight of the vehicles would be part of the decision as to which vehicles should be equipped with this device. Those at 26,000 pounds would have it installed.

Multi-car crash in Louisiana injures many and kills two

It is an unfortunate reality that accidents and tragedies often beget other accidents and tragedies in Louisiana and across the country. These incidents can occur for a wide variety of reasons including a car crash due to a reckless driver. Those who have been involved in a crash and suffered injuries or have lost a loved one need to be aware of their rights to pursue a legal case to be compensated for what occurred.

A massive accident that led to the deaths of two people with many more hurt happened amid the flooding that paralyzed parts of Louisiana. This crash occurred shortly after 7 a.m. when a bus filled with construction employees hit a fire truck that was investigating and assisting with a crash that had happened earlier that morning. The bus crashed into the side of the fire truck. The fire truck subsequently crashed into a Toyota Camry. When the accident happened, three firefighters were sent over the guardrail of the road after which they landed in water. It is estimated that they fell between 30 and 40 feet.