Even though she was properly restrained, a 14-year-old girl is dead after a tortfeasor (negligent driver) ran off the road and smashed into a tree.
The wreck occurred on westbound Louisiana Route 422 near the intersection of Louisiana Route 19. According to police, 24-year-old Shannon Sessions “became distracted by a bug that flew into her vehicle.” She then drove her Jeep Wrangler off the road, and it plummeted down a steep embankment before crashing into a tree and overturning. Backseat passenger 14-year-old Emily Sessions, of Woodville, Miss., was declared dead at the scene; Shannon Sessions and a frontseat passenger were both seriously injured. [Read more…] about Distracted Driver Kills Teenager
Personal Injury
Gruesome Highway Crash Kills One
A pickup truck ran over a woman in the road after she was ejected from her car in a vehicle crash.
The wreck occurred on southbound U.S. Highway 61 between Kenner and Laplace. Per Louisiana State Police, 20-year-old Angelica Matamoros drifted across the center line and collided with 23-year-old Norman Porter, who driving an SUV. Ms. Matamoros was not restrained and was ejected from her vehicle. As she lay on the ground, 28-year-old Justin Hunter ran over the woman. Ms. Matamoros was pronounced dead at the scene.
State police opine that if she had been wearing her seat belt, the woman may have survived. “Motorists are encouraged to make the smart choice and to always wear their seat belt,” police said in a news release. [Read more…] about Gruesome Highway Crash Kills One
Good Samaritan Rescues Children From Burning Vehicle
A mother faces multiple charges after she allegedly drove off the road while intoxicated, causing serious injuries to her four children.
State troopers say that 29-year-old Kate Davis lost control of her 2005 Buick while northbound on U.S. Highway 165 near State Highway 101. The van left the road, entered a ditch, smashed into a culvert, and went airborne before eventually coming to rest in another ditch. The vehicle caught fire, and a passing motorist — whose name was not released — pulled the children out of the burning wreckage, sustaining severe burns in the process. All the serious injury victims were transported to local hospitals, but they are all expected to survive. [Read more…] about Good Samaritan Rescues Children From Burning Vehicle
Common Insurance Company Defenses
Part of being an aggressive and effective advocate for victims means working hard to develop a winning case. Since the plaintiff has the burden of proof, a successful case is built with solid evidence. An attorney must also have a clear theory of the personal injury case, and be able to explain the applicable law to the jury.
At the same time, an attorney must also anticipate the arguments that the other side will make. Despite what TV commercial jingles often imply, the insurance company is not “on your side.” In fact, insurance company lawyers are committed to minimum compensation for victims, because insurance companies lose money when they pay personal injury claims. What are some common tactics to reduce or deny recovery? [Read more…] about Common Insurance Company Defenses
3 Steps To Settling Cases On Favorable Terms
Almost all personal injury cases — upwards of 90 percent, in most jurisdictions — settle before trial, and many of these cases settle before a lawsuit is even filed. In most cases, the insurance company must present a reasonable settlement offer within thirty days, if liability is relatively clear. However, there are many loopholes in this standard, and the settlement process can sometimes last for months or even longer.
As a rule of thumb, a personal injury case is ripe for settlement once medical treatment is either entirely or substantially complete. How can an attorney maximize compensation in these situations?
Step One: Gather Evidence
The plaintiff has the burden of proof in personal injury matters, so plaintiff must present evidence to support his or her claims. Some of this evidence comes from eyewitnesses. They can be people that an attorney interviews later or that first responders contacted at the scene. It is important to talk to as many potential witnesses as possible, because typically, only a handful agree to give testimony at trial.
Eyewitnesses are often biased, at least to a certain extent; moreover, many eyewitnesses only saw part of the personal injury incident. To bolster eyewitnesses, attorneys turn to physical evidence, including:
- Skidmarks: These marks on the road give clues about velocity, braking, steering angle, and other vital information.
- Photographs: Pictures of both property damage and personal injury wounds give the attorney a better idea of how the crash occurred and are also very helpful to the jury.
- EDR: The Event Data Recorder automatically captures operational data, much like the “black box” flight recorders on airplanes.
Since memories fade, vehicle traffic rubs skidmarks away, pictures get misplaced, and the vehicle is usually destroyed a few days after the incident, a personal injury attorney must get to work quickly to preserve this evidence.
Step Two: Legal Theories
To establish first party liability, the tortfeasor (negligent driver) must either violate a safety statute, like DUI, or otherwise violate the duty of reasonable care. Such breach (violation) must cause physical damages, like lost wages or medical bills. Victims are also entitled to compensation for their noneconomic damages, like pain and suffering and loss of enjoyment in life. A third party liability theory, like negligent entrustment, may be available as well, and these third party theories are particularly important if the tortfeasor was uninsured or under-insured.
It is also important to anticipate what legal theories the insurance company might use to reduce or deny compensation to the personal injury victim.
Step Three: Negotiation
Before settlement negotiations begin, an attorney must calculate the personal injury case’s settlement value. This calculation is partially based on the objective numbers in the case, such as the amount of medical bills, and partly based on a subjective analysis, e.g. the amount of damages that a jury in that parish would likely award in such cases. As in all other situations, personal injury negotiations nearly always require some give and take, if a resolution is to be achieved.
T-Claude Devall and the other experienced Lake Charles personal injury attorneys at Lee Hoffoss Injury Lawyers are committed to maximum compensation for victims. Contact us today for a free consultation.
Fireball 18-Wheeler Wreck On I-20
A motorist was killed when she collided with a large truck on Interstate 20.
The truck wreck occurred near Kilgore. According to police and witnesses, 62-year-old Melvin Edwards, of Shreveport, was operating his 18-wheeler eastbound in the outside lane when 77-year-old Amando Vega, of Chicago, Ill., pulled from the improvised shoulder onto the outside lane very close to Mr. Edwards’ truck. Upon impact, Mr. Vega’s car hit the guardrail and then ping-ponged back into the outside lane, where it became wedged between the large truck’s cab and trailer. The entangled vehicles caught fire and eventually came to rest on the improvised shoulder.
Mr. Vega was declared dead at the scene; Mr. Edwards was rushed to a nearby hospital, but he is expected to survive his injuries. [Read more…] about Fireball 18-Wheeler Wreck On I-20