A strong evidentiary and legal case may not be enough to obtain compensation for injuries in a car crash case, because the defendant must also have the ability to pay damages. Solvency is often an issue in Louisiana, because the number of uninsured drivers is significantly above the national average. There are also thousands of under-insured motorists, because the state only requires $15,000 of personal injury and $25,000 of property damage protection. In a serious wreck, these amounts may not be enough to fully compensate the plaintiff. Fortunately, the tortfeasor (negligent driver) may not be the only party that is liable for damages.
Employer Liability
Under the doctrine of respondeat superior (Latin for “let the master answer”) employers are responsible for the negligence of their employees. In addition to car crash cases, this doctrine also comes into play in medical negligence and nursing home abuse cases that involve negligent medical professionals or other caregivers. [Read more…] about Third Party Liability In Negligence Cases
Motor Vehicle Accidents
Fault Uncertain In Fatal Vehicle Collision
Both sides may end up pointing fingers in court after a deadly rear-end car crash on U.S. Highway 425.
According to Louisiana State Police, a 16-year-old unlicensed driver, whose name was not released, inexplicably slowed near the intersection of Highway 425 and Campbell Road. A trailing 2008 Chevrolet Avalanche, driven by 22-year-old Jeremy Austin, of Gilbert, rear-ended the near stationary Ford F-150. The force of the collision pushed the F-150 across the median and onto its roof. A passenger in that vehicle, 74-year-old Robert Miller, of Winnsboro, was seriously injured in the crash and rushed to a nearby hospital, where he was subsequently declared dead.
Thus far in 2016, this section of the LSP has investigated fifteen fatal crashes that caused sixteen deaths. [Read more…] about Fault Uncertain In Fatal Vehicle Collision
Fireball Crash In Vernon Parish
Police have few clues after a quadruple-fatal car crash in Vernon Parish on Highway 10. After a driver apparently lost control of his vehicle, his pickup left the roadway, careened through several trees, and burst into flame. All four vehicle occupants, who were trapped inside the burning pickup, died at the crash scene between Pitkin and Oakdale. Although police believe that excessive speed was the primary cause, they have not ruled out impairment. None of the names were released.
Evidence Collection in Car Crash Cases
The plaintiff has the burden of proof in a negligence case, which means that there must be compelling evidence of all five elements: if the defendant breached a legal duty, and that breach legally and factually caused injury, the defendant is liable for damages. [Read more…] about Fireball Crash In Vernon Parish
Legal Issues In Drunk Driving Matters
Two recent incidents in Lake Charles highlight some common issues in many drunk driving negligence cases.
One case involved a car crash at the intersection of Elliott and Lafanette. According to Sheriff’s deputies, 32-year-old Jorge Castillo crossed the center line and collided with a female motorist. When they questioned Mr. Castillo, deputies claimed that he was intoxicated, based on an odor of alcohol, unsteady balance, and slurred speech. Mr. Castillo refused to answer questions, perform field sobriety tests, or submit to a chemical test. Nevertheless, he was arrested and charged with DUI.
On the same day, and in an unrelated incident, Sheriff’s deputies pulled over 35-year-old Tate Vander on Hollis Road in Westlake, after a tipster’s report about erratic driving. When questioned, Mr. Vander said he was “buzzed” after consuming prescription medications and alcohol; deputies did see an open container of alcohol in his vehicle, along with four Soma pills. He was transported to a local hospital where he submitted to a blood test; the test results were not made available. He was also booked into jail on several charges, including DUI. [Read more…] about Legal Issues In Drunk Driving Matters
Moving Truck Liability In Louisiana
Summer is moving season for both military and civilian families, because new orders come in during these months and school is out of session, for most kids. Nationwide, about 65 percent of relocations occur between May and August.
The uptick in activity means that more rented vehicles, especially larger moving trucks from Ryder, U-Haul, and other companies, will be on the roads. These large vehicles are quite unwieldy, particularly when they are fully loaded, and inexperienced drivers often find it difficult to control them. Add the fact that many drivers are operating in unfamiliar new territory, and there are all the ingredients for a serious truck wreck. Is the rental company or other vehicle owner responsible for damages in these negligence cases?
The Graves Amendment
In the early 2000s, a number of states started passing very strict vicarious liability laws that made vehicle owners responsible for damages if their lessees caused car crashes. To protect this industry, Congress added 49 U.S.C. 30106 to the 2005 omnibus spending bill. Like many such add-ons, there is almost no legislative history in support of the so-called Graves Amendment, which bears the name of its sponsor.
Instead, there is only a blanket grant of immunity, which says that “An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable. . .for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease.” A subsequent provision leaves open the possibility that some conflicting state laws may still be valid.
Bypassing the Graves Amendment
Under traditional negligent entrustment tort theory, vehicle owners are responsible if they allow unqualified drivers to operate their vehicles, and these operators subsequently cause car crashes. This analysis still applies to rented vehicles if:
- Trade or Business: Under Section (a)(1), the Graves Amendment only applies to firms that are in the “trade or business of renting or leasing motor vehicles.” This label arguably does not apply to U-Haul and other firms, because they are moving companies that happen to rent trucks on the side.
- Not Otherwise Negligent: According to Section (a)(2), the owner or affiliate must be free from “negligence or criminal wrongdoing.” Some courts have held that owners and affiliates have a duty to verify the drivers’ licenses of potential renters, and a poor driving record or an invalid license is evidence of negligence.
- State Financial Responsibility Law: Under relevant portions of Louisiana law, an owner or affiliate is liable for damages if the operator was uninsured. The same result arguably applies to underinsured motorists, although this theory has not been tested in court.
Damages in a car crash case typically include compensation for both economic damages, like lost wages, and noneconomic damages, including loss of consortium (companionship). Punitive damages are also available, in some cases.
Rental vehicle owners are liable for damages that lessees cause, in some cases. For a free consultation with an experienced Lake Charles personal injury attorney, contact Hoffhoss Devall. We do not charge upfront legal fees in these cases.
Legal Fault In Alcohol-Related Crashes
Although the number has declined in recent years, alcohol-impaired motorists kill about 10,000 people per year, a figure that represents about third of roadway fatalities. Substance-impaired drivers, whether from an illegal, prescription, or over-the-counter drug, are almost as dangerous as so-called “drunk drivers.” In all these cases, the tortfeasor (negligent driver) may not be the only party that is responsible for the plaintiff’s damages.
First Party Liability
As a preliminary note, the standard of proof is much lower in civil court than it is in criminal court. To obtain a DUI conviction, the prosecutor must prove that, beyond a reasonable doubt, the motorist was intoxicated. But to prove liability in civil court, the plaintiff must only show that, by a preponderance of the evidence, the motorist was impaired. [Read more…] about Legal Fault In Alcohol-Related Crashes