Car Accident

Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

Published on: October 24, 2023 | By Berniard Law Firm

supreme_court_building_washington_3_9-scaled If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?

Brandon Forvendel was injured in a car accident. When the accident occurred, he was driving a car he owned and was insured by State Farm. Forvendel had uninsured motorist coverage. After the accident, Forvendel recovered under his uninsured motorist policy.

When the accident occurred, he was living with his mother, who also had insurance through State Farm. Forvendel also tried to recover under his mother’s uninsured motorist policy, which had higher policy limits. State Farm denied his attempt to recover under both his and his mother’s policies under the anti-stacking provisions in La. R.S. 22:1295(1)(c). Forvendel then filed a lawsuit against State Farm.

Who Is Covered By A Settlement Agreement Release?

Published on: October 23, 2023 | By Berniard Law Firm

writing_write_person_paperwork-scaled A settlement agreement can be an efficient way of resolving a claim and receiving compensation without a lengthy trial process. However, it is essential to understand what a settlement agreement does and does not cover to avoid surprises down the road if you later try to bring related lawsuits against other parties.

Kerry Maggio was injured in a car accident when he was hit by a vehicle driven by James Parker, who worked for Sandwich Kings. Brenda Parker owned the vehicle, which was insured by the Louisiana Farm Bureau. Maggio filed a lawsuit against James Parker, Sandwich Kings, and their insurers.

Maggio signed a settlement agreement and release of all claims with Brenda Parker and the Louisiana Farm Bureau. Neither James Parker nor Sandwich Kings was specifically mentioned in the release. Sandwich Kings and its insurer filed a summary judgment motion, arguing Maggio’s release applied to them because it released “all other persons” who were or might be liable for his injuries from the accident.

Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory

Published on: October 20, 2023 | By Berniard Law Firm

car_racing_crash_accident-scaled Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident.

While Tammy Bloxham was stopped at a red light in her car, she was hit from behind by Andy Gibbs Jr. At the time of the accident, Gibbs was driving a tractor-trailer owned by 31 Energy. Bloxham filed a lawsuit against Gibs, 31 Energy, and 31 Energy’s insurer. Bloxham argued 31 Energy had been negligent in hiring Gibbs and not inspecting its vehicle’s brakes. The defendants filed a summary judgment motion, claiming Bloxham had not reported this claim in her pending bankruptcy. Bloxham also filed a summary judgment motion, claiming Gibbs was liable under La. R.S. 32:81 A and the presumed negligence of the driver of a following vehicle who hits the rear of another vehicle.

The trial court granted Bloxham’s summary judgment motion given the presumption that a following driver who rear ends another vehicle is negligent. The court held this applied even if Bloxham had changed lanes immediately before the accident. The defendants filed an appeal.

Louisiana Jury Did Not Err In Apportioning Fault For Car Crash

Published on: September 8, 2023 | By Berniard Law Firm

rim_tire_wheel_round-scaled In the heart of Lafayette Parish, Louisiana, tragedy struck on Interstate 10 as a routine drive turned fatal. Arthur Huguley, behind the wheel of a tractor-trailer for AAA Cooper Transportation, found himself in a situation that would forever alter the lives of those involved. A blown-out tire, a series of events, and a wrongful death lawsuit brought forth by Curley Mouton’s surviving family members set the stage for a courtroom drama that unfolded with unexpected twists. In the end, a jury assigned fault, but the defendants, Huguley, AAA Cooper, and their insurer, were not ready to accept the verdict without a fight. This article explores the intricacies of their appeal, shedding light on the compelling arguments presented and the complexities of apportioning fault in a tragic accident.

Arthur Huguley was driving a tractor-trailer in Lafayette Parish, Louisiana, on Interstate 10 while working for AAA Cooper Transportation (“AAA Cooper”). Huguley heard a bang and worried he might have blown out a tire. While performing a maneuver to see if he had blown out a tire, the tire that had blown out came apart and flew into the air. Curley Mouton was driving in a truck behind Huguley when debris from the tire started flying through the air. The debris hit Mouton’s truck, causing him to hit a guardrail, flip over, and crash. Mouton died in the crash.

Mouton’s surviving spouse and son filed a wrongful death lawsuit against Huguley, AAA Cooper, and their insurer. A jury found in favor of Mouton’s family and assigned 10% fault to Huguley and 90% to AAA Cooper for putting a defective tire on its truck. The defendants appealed, claiming the jury had erred in its ruling.

Who’s At Fault if your car is stolen then involved in a wreck? The Thief, Victim, or Third Party Owner? (One Judges Dissenting Opinion)

Published on: August 28, 2023 | By Berniard Law Firm

car_burglary_thief_burglar-scaled In the legal system, dissenting opinions, i.e., opinions delivered by one or more judges who disagree with the decision, play a crucial role in shaping the interpretation and application of the law. They provide valuable insights into alternative viewpoints, often sparking discussion and debate and ultimately leading to the evolution of jurisprudence. One such notable dissenting opinion can be found in the case of Christopher Blanchard v. Demetrius J. Hicks et al., authored by Justice Cooks. In this blog post, we look at the case, the arguments made in the dissent, and the importance of dissent in the legal landscape.

The case of Christopher Blanchard v. Demetrius J. Hicks et al. arose from an incident in which Officer Blanchard’s patrol car was struck by a stolen truck. The plaintiff, Officer Blanchard, alleged that the defendant, Demetrius J. Hicks, was negligent in leaving his vehicle unattended with the keys in the ignition and the engine running, thereby facilitating the theft that led to the accident.

The majority of the court relied on the precedent set by the Supreme Court’s decision in Racine, which held that leaving keys in a vehicle does not create liability for the motorist if a thief steals the car and causes injury to a third party. However, Judge Cooks dissented from the majority’s opinion, arguing that Racine does not dispose of the factual matter at hand.

A Life-Altering Car Accident Ignites a Legal Feud

Published on: August 21, 2023 | By Berniard Law Firm

war_worlds_movie_car-scaled Imagine, for a moment, living a life of normalcy, the humdrum of day-to-day routines, a steady job, a peaceful existence. Suddenly, an unexpected accident shakes your world, thrusting you into the tumultuous tides of legal proceedings. This is the daunting reality Patricia and Calvin Henderson found themselves in, initiating a monumental case against Amy Lashouto and her insurer, State Farm Mutual Automobile Insurance Company (State Farm).

In a startling sequence of events, Patricia and Calvin Henderson found themselves in a legal confrontation against Lashouto. The case revolves around Patricia’s car accident, where a motor vehicle driven by Lashouto rear-ended her. Following the accident, the Hendersons filed a lawsuit against Lashouto, her insurer, and State Farm, contending that they were insured under a policy that could compensate them for their losses. State Farm, however, countered this claim, maintaining that the policy did not provide uninsured/underinsured motorist (UM) coverage for the accident.

After Lashouto and her insurer settled their case with the Hendersons, the couple found themselves embroiled in a legal dispute with State Farm. The latter moved for summary judgment, arguing that Calvin Henderson had validly rejected UM coverage on the policy. Despite the Hendersons’ absence from the hearing, the trial court sided with State Farm, dismissing the UM coverage claims.

Could the Foreseeable Have Been Unforeseen? Deciphering Liability in Accidents

Published on: August 13, 2023 | By Berniard Law Firm

tourists_driver_couple_mini-scaled Some accidents are unpredictable, while others appear to be accidents waiting to happen. Having reliable witnesses, qualified experts, and an excellent attorney in either unpredictable or predictable cases could be the dividing line in determining your liability when an accident arises. For Larry Jeane, Sr. (“Mr. Jeane”), the deceased party in a two-car accident along Louisiana Highway 107, whose vehicle crossed the centerline and collided with another car carrying six adults and one minor, the courts were positioned to consider his liability after the accident.

Mr. Jeane was transported by ambulance to Rapides Regional Medical Center (“RRMC”) after the accident. He reportedly had no recollection of the accident. Mr. Jeane had a history of heart disease and type-II diabetes, but it was likely his injuries from the accident that resulted in his death less than a week later. While at RRMC, his attending physician, Dr. Jeremy Timmer (“Dr. Timmer”), noted that Mr. Jeane had been on the phone with a friend and started talking “funny,” possibly due to low blood sugar when he collided with the other vehicle. The seven passengers of that other vehicle, namely Sarah Barber, Jamie Turner, Racheal Spivey, Elizabeth Spivey, Dana Spivey, Wallace Spivey, Racheal Spivey, and Jamie Turner on behalf of the minor, Abigail Turner (collectively “the plaintiffs”) eventually sued Mr. Jeane’s estate and his insurance company for damages resulting from the accident.

Throughout the litigation, the plaintiffs then moved for partial summary judgment solely on the issue of liability. To support the motion, the plaintiffs submitted three supporting documents: (1) an affidavit from Sandra Shannon (“Ms. Shannon”), who was driving the vehicle directly in front of the plaintiffs and witnessed the accident; (2) an affidavit from Sarah Barber (“Ms. Barber”), who was driving the other vehicle involved in the accident; and (3) a record of the deposition taken of Pineville City Marshal, Sarah A. Smith (“Ms. Smith”), who responded to the scene after the accident occurred. Ms. Shannon’s affidavit stated that she saw “[Mr. Jeane] was slumped over” at the wheel as his vehicle “veered gently.” Ms. Barber testified in her affidavit that she saw Ms. Shannon’s vehicle swerve off the road “suddenly, without any prior warning” before she saw Mr. Jeane’s vehicle approaching her, but she could not avoid the collision. Finally, Ms. Smith noted that she did not witness the accident but rode with Mr. Jeane to the hospital when he told her he did not know what happened.

How Are Liability and Damages Allocated In A Complex Car Accident?

Published on: August 12, 2023 | By Berniard Law Firm

tyre_burst_karoo_flat-scaled Allocating fault in a car accident is especially difficult when involving multiple individuals. This case illustrates how the allocation of fault affects how damages are awarded and illustrates what type of expenses are compensable.

While driving on Highway 28 East in Louisiana, Erin Wright rear-ended Christina Dauzat. Before they reached the intersection where the accident occurred, an unrelated accident occurred involving Joanne Marlow and Darrell Paulk. Paulk refused to move his car, which resulted in one of the lanes of traffic being blocked. Before the accident, a truck driven by an unknown driver drove towards Dauzat as it tried to go around the Marlow/Paulk accident.

Dauzat filed a lawsuit against Wright and her insurer, State Farm. At a trial, the court allocated 80% fault to Wright, 10% to the unnamed truck driver, and 10% to Paulk. The trial court awarded general damages of $8,000 (after the 20% reduction from the fault of the unnamed truck driver and Paulk, neither of whom Dauzat filed a lawsuit against) and $9,741.51 in special damages. These damages did not include the $1,440.86 cost of transporting Dauzat via ambulance following the accident. Both Dauzat and Wright appealed.

What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible?

Published on: August 10, 2023 | By Berniard Law Firm

auto_defect_car_wreck-scaled What happens if you are involved in a car accident where your damages exceed the auto insurance policy limits of the person responsible? One possible option is seeking coverage under your uninsured motorist insurance policy. However, questions can arise about what, if any, coverage you are entitled to if it appears the accident did not cause your injuries. Determining the scope of injuries caused by the at-issue accident can be especially complicated if you have previously been involved in other car accidents that injured you or if you have other preexisting conditions. The following case helps shed some light on these issues.

Jacqueline Gaspard was rear-ended while she was stopped at a red light. She filed a lawsuit against the drivers and insurers of the cars that were also involved in the accident and Allstate Insurance Company, her uninsured motorist insurer. She claimed the damages exceeded the liability coverage of the other individuals involved in the accident.

The second vehicle’s driver behind Gaspard was found to be 100% at fault for the accident. She settled the claims against that driver and his insurer for $50,000, the limits of that driver’s liability policy. She then dismissed her claims against the vehicle’s driver and insurer.

Sufficient Evidence Essential To Establish Damages From Car Accident Lawsuits

Published on: August 7, 2023 | By Berniard Law Firm

car_racing_crash_accident-scaled In the aftermath of a car accident, the quest for justice often extends beyond determining fault, delving into the intricate realm of calculating damages. Even when the liability is undisputed, securing compensation can be laden with legal complexities. The following case unveils the story of Shelley Cooley, a collision victim navigating the labyrinth of litigation to ascertain the rightful compensation for her injuries. The journey sheds light on the indispensable role of compelling evidence, from medical testimony to personal accounts, in establishing the magnitude of damages in the aftermath of an accident.

Shelley Cooley was involved in a car accident where her car was hit from behind by a car driven by Timothy Adgate, who worked for the City of Shreveport. Cooley had to obtain medical treatment after the accident for pain in her knee, back, and neck. Cooley filed a lawsuit against Adgate and the City of Shreveport. The parties agreed the City of Shreveport was liable because Adgate was completely responsible for the accident while working as a police officer. The only issue at trial was the amount of damages owed to Cooley.

Cooley was the only witness to testify at trial. Medical evidence was presented through the deposition transcripts of various doctors. The trial court ruled the accident had exacerbated Cooley’s pre-existing medical issues but declined to award any damages for future medical expenses because the evidence about future medical expenses was speculative. The trial court awarded Cooley $50,000 in general damages and $79,508.66 for past medical expenses. Cooley filed an appeal.