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Lake Charles Legal Issues Blog

Motorcyclists face unique dangers

Riding a motorcycle presents some specific risks that other motorists may never have to endure or consider. If you ride a motorcycle, you should always understand these risks before getting on your bike and hitting the open road, for your safety and the safety of others around you.

In America, unlike many other parts of the world, motorcycles make up a very small percentage of the vehicles on the road. Because of this, most drivers simply are not accustomed to sharing the road with motorcyclists, and are not attuned to looking for them. Motorcycles are much smaller than other vehicles, and are difficult to see, especially in blind spots and when changing lanes. If you are a rider, you must constantly keep in mind that any other driver may not actually know you are sharing the road with them.

Wiman sues New Orleans medical care facility after injury

A woman living in New Orleans has filed a lawsuit claiming that the health care facility where she lives is not, in fact, qualified to operate as a health care provider according to the stipulations of the Louisiana Medical Malpractice Act. Her suit alleges that the facility and its staff are guilty of negligence in their medical care, following a painful incident that occurred last summer.

The plaintiff claims that in June of 2016, she was residing in the facility when her caretaker did not use proper care, which resulted in a series injury. According to the suit, a nurse aide did not use proper care while rolling the woman over from her back to her stomach, resulting in the woman falling off the bed and suffering a number of injuries.

Common problems for large trucks

Sharing the road with other drivers always presents some level of danger, but the danger increases dramatically when one is sharing the road with a large truck. On top of all of the ways that that a traditional driver can wreak havoc, large trucks present some unique dangers to other vehicles and drivers. It is always best to treat large trucks with respect and use extra caution whenever you are sharing the road with one or more of them. Understanding some of the increased risks of large trucks can help you avoid serious injury or death.

Large trucks or other vehicles towing a trailer or other separate piece are prone to jackknifing, which can be very destructive to all involved in an accident. Jackknifing occurs when the two pieces of the vehicle, the main cab and the trailer being hauled, begin to travel in different directions, becoming difficult or impossible for the driver to control. This often happens if the driver must stop abruptly, or swerve for some reason. In some cases, courts have determined that a driver was not negligent in a jackknifing accident, if the circumstances were considered unavoidable.

Louisiana man killed in motorcycle accident

If you have ridden a motorcycle for any amount of time at all, you know that some of the most dangerous things to riders on any road are other drivers who don't properly account for motorcyclists. Tragically, a Louisiana man recently lost his life to just such a careless driver after a colliding with the other vehicle.

Reports indicate that the motorcyclist was traveling down a road in the middle of the afternoon, when he approached an intersection near a Wal-Mart Supercenter. The other driver, who was already stopped at the intersection, abruptly accelerated to drive through the intersection, causing the rider to strike the side of the vehicle. According to the authorities, initial investigation indicated that the motorcyclist had the right of way at the time of the accident.

What if I'm hurt in a riding accident while not wearing a helmet?

While mandatory helmet laws for motorcyclists remain a matter of contention for many riders who value personal liberties, wearing a helmet is a no-brainer when it comes to safety. All one must do is ask anyone who has served in emergency medical care, and they will nearly universally tell you that not wearing a helmet is usually a one-way ticket to serious injury if an accident occurs. However, apart from the issues of personal safety, which are innately personal, choosing to not wear a helmet while riding can open you up to significant legal challenges if you need to file a personal injury claim after an accident.

The reality of the matter is that a motorcyclist who chooses to not wear a helmet (which is illegal in Louisiana), may find his or her options for recovery limited in a personal injury claim. Even in a case where the accident was deemed the fault of the other party, the defendant may be able to claim that the claimant's injuries were do at least in part to his or her own negligence.

Seeking compensation after the death of a child

Wrongful death suits are among the most painful and difficult legal processes imaginable. But, when the loss of life has been suffered by a child, the case is both more heartbreaking and also more difficult. In wrongful death suits, the primary method of making the victim's family whole is through paying economic damages. However, when a child is wrongfully killed, they have usually not demonstrated any specific earning potential, which can complicate the settlement.

Of course, no one wants to think of a human life as having a dollar-value. Unfortunately, this is often the very thing that must be done in a wrongful death case, as difficult as it may be. So how does one go about determining the value of a child's life, when that child was robbed of an opportunity to find his or her gifts and pursue his or her passions?

Hits just keep on coming with car air bag recalls

Prior to about 2014, few people knew what a Takata air bag was. Today, nearly everyone probably does and the list of people affected by vehicle recalls because of defects in the car safety devices only continue to grow.

As we noted in a post last October, federal investigators in the United States confirmed at least 11 deaths in this country. Another five occurred in Asia. The latest U.S. fatality was a 50-year-old woman.

Hits just keep on coming with car air bag recalls

Prior to about 2014, few people knew what a Takata air bag was. Today, nearly everyone probably does and the list of people affected by vehicle recalls because of defects in the car safety devices only continue to grow.

As we noted in a post last October, federal investigators in the United States confirmed at least 11 deaths in this country. Another five occurred in Asia. The latest U.S. fatality was a 50-year-old woman.

Scarring and disfigurement suits

Any time that a person involved in an accident or undergoes a medical procedure that results in scarring or disfigurement, the real-life impact can be devastating. Regardless of the circumstances that lead to the disfigurement, it is difficult to simply wake up and feel grateful to be alive if you don't feel like you are yourself anymore. In many cases, it may be appropriate to consider an injury claim to pursue damages for the disfigurement. In many cases, if the disfigurement occurred because of another party's negligence, especially because of a medical procedure, then there may be a legitimate case to pursue.

If the disfigurement occurred subsequent to a medical procedure, then it is reasonable that a victim may be able to sue for the scarring or disfigurement, provided that he or she can reasonably assert that they did not anticipate the disfigurement as part of the outcome, or that the scar is particularly unsightly enough to meet the court's standards of disfigurement.

Shreveport motorcyclist seriously injured in crash

Motorcycle riders exemplify a harsh intersection of philosophy and practical reality. On the one hand, there are very few things as liberating and validating of our liberties as riding a motorcycle down an open road. There are also few things as likely to cause catastrophic injury or death as a motorcycle accident. Where other drivers may have some protections in an accident, a motorcyclist stands to suffer extreme injury in just about any collision.

A man from Shreveport recently suffered just such a tragedy when his motorcycle collided with a truck near Bossier City. According to reports, the truck pulled out in front of the motorcycle, leading to the catastrophic accident.