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Drinking and driving is a problematic issue, one which has been aggressively confronted in order to prohibit repeat offenders from getting back on the road. On August 15, 2010, House Bill by Republican representative from LaPlace, Nickie Monica, went into effect and will cause substantial changes for second time DWI offenders in the state of Louisiana. This bill is specifically directed at repeat offenders for drinking and driving or vehicular negligent injury.

Previously, a second time offender would still drive legally if they obtain permission from the Department of Motor Vehicles, who would grant an offender upon being petitioned, a restricted license (also known as a hardship license). This type of license allows the offender to drive a vehicle only to certain destinations, such as work, school, a medical emergency, or church. The Louisiana Department of Motor Vehicles declares such a license as a “means to earn a livelihood or to maintain the necessities of life.” However, the restricted license requires the individual to have an ignition Interlock device installed into the vehicle they will be driving. The ignition interlock device is connected to the vehicle’s ignition, and once the person blows into a tube which screens for the presence of alcohol, the car may or may not turn on depending on the result. This device has been criticized because the offender may have another person who has not been drinking breathe into the tube, thus, allowing the vehicle to start, despite the fact that the offender may have been drinking. Thus, drinking and driving has continued to plague the state of Louisiana.

Furthermore, Louisiana in 2008 had the 11th highest drunken driving fatalities in the nation, with over 912 people killed due to drinking and driving. It was this type of statistic that motivated Representative Monica to propose the repeat offender bill in order to initiate change. Specifically, the new bill will not allow the repeat offender to obtain a restricted license for at least 45 days. This time period will be known as a “hard suspension” that cannot be waived or shortened for any repeat DWI offender. But that is not the only significant change with House Bill 1274, if an offender has three or more convictions there will be a three year suspension upon the persons license. Moreover, unlike a second time offender who has to wait 45 days to petition for a restricted license, a three or more time offender has to wait 12 months before they can petition for such license and have the ignition interlock device installed. The new bill will institute stronger oversight and rigid time requirements in order to crack down on repeat offenders ability to get back on the road so soon after multiple convictions.

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Boating and Personal Watercraft provide thrills and excitement for Louisiana residents and visitors every summer. As much fun as it can be, there is danger involved as well. For that reason, the Louisiana Department of Wildlife and Fisheries has provided rules for personal watercraft (PWC) operators that can help people stay safe.

PWC Rules

1. Each person riding a PWC must wear a U.S. Coast Guard approved Tyep I, II, III, or V life jacket (this includes anyone towed behind a PWC).

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If you are a Gulf Coast resident looking for more information on how to make an oil spill claim against BP, please visit our blog dedicated to this topic.

http://www.bpoilspilllawyersblog.com

This blog contains a wealth of information on how to make a damages claim, whether you own a business or have simply been financially harmed by this ecological disaster.

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The Associated Press is now reporting President Obama and British Petroleum have come to an agreement regarding the establishment of a fund to help pay off claims. This fund is expected to be over $20 billion and will be tied to the claims process that has already begun in the Gulf Coast area. Meeting for some four hours, BP officials set aside an additional $100 million for the families of the 11 sailors who died in the explosion.

The news comes as welcome to an area that has been besought by financial difficulties as a result of the various closures caused by the BP oil spill. The Press reports

The claims system sets up a formal process to be run by a specialist with a proven record. Instead of vague promises by BP, there will be a White House-blessed structure with substantial money and the pledge that more will be provided if needed. The news was applauded in the Gulf — a rare positive development in a terrible two-month period since the April 20 explosion that killed 11 workers and unleashed a flood of oil that has yet to be stemmed.

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Dozens of class action lawsuits have already been filed in the Gulf Coast region (including Louisiana, Florida and Texas) against the companies who may hold some responsibility for the oil spill disaster-BP first, followed by Transocean, Cameron, and Halliburton, among others.

BP and Transocean are dealing with wrongful death lawsuits from families of the 11 victims who died in the explosion as well as lawsuits from those injured. Survivors of individuals who have died due to the negligence of someone else can recover a multitude of damages in a wrongful death suit, such as medical expenses, burial expenses, compensation for pain and suffering and loss of consortium, and even punitive damages in some cases.

Those who have lost revenue in the aftermath of the blast such as fisherman, restaurants, charter boat companies, even homeowners could also bring class action suits. Even municipalities may sue for lost tax revenue. In addition, shipping companies could sue if traffic along the Mississippi river gets disrupted. The trail of liability these companies will most likely face is long and complex because the effects of the disaster are far reaching and anyone adversely affected may be entitled to compensation from those deemed responsible.

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Having taught Continuing Legal Education (CLE) seminars on a variety of topics including Chinese drywall and, soon, oil leak litigation, lead attorney Jeffrey Berniard has been a relied upon expert on matters relating to claims and the wide variety of problems and delays claimants, and their attorneys, often face in such processes. Interviewed for his expertise relating to the recent Deepwater Horizon oil leak, Berniard highlighted a little considered problem that commercial workman like fisherman and others who make a living in the Gulf might face. Given that the nature of their job involves extensive self-reporting and tax analysis, the flexibilities or evasions of tax income that those who work off the coast might have carried out might significantly limit their ability to collect damages. If that is the case, careful legal analysis and work by an experienced attorney may be the difference between thousands of dollars in compensation.

While talking to New Orleans City Business (articles available to subscribers only), Berniard was asked about the difficulties some might face in collecting damages caused by the oil spill

“It’s the same issues we dealt with after Katrina in terms of (Small Business Administration) loans,” he said.

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There is an availability of funds under the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) for Louisiana residents who have suffered property damage because of the crude oil washing ashore. Oil damage to boats is treated differently from other forms of personal property damage under the guidelines of the OPA. As required by the Oil Pollution Act of 1990, certain information must be provided to the responsible party to submit an oil spill loss claim. Just one example includes a provision that boat captains from Plaquemines, Jefferson, St. Bernard and Terrebonne Parish will need to present the following information to BP and other responsible parties will filing their oil spill claims.

The U.S. Coast Guard’s National Pollution Funds Center website details that a boat’s owner can submit claims relating to the removal of oil stains from the vessel (interior furnishings upholstery and carpeting included) so that the vessel may be restored to its condition before the oil damage. Claims may also be filed for the damage done to a boat’s motor, rudder, anchor winch and other mechanical parts of the vessel harmed by oil.

In general, all claimants, regardless of what losses they are claiming, are required to provide the following;

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Deckhands are just one of the many affected employment groups that are facing hardship as a result of the BP oil leak. The Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et. seq.) is the law that established the Oil Spill Liability Trust Fund and covers incidences such as the current Gulf of Mexico Oil Spill. Deckhands from Lafourche, Jefferson, St. Bernard, and Plaquemines Parish and all of the effected areas should take note of the following information which will be required when presented an oil spill claim to the responsible parties.

First, every claimant, no matter their employment category, needs to provide the following to the claims center:

1. Photo Identification

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Before filing a claim, individuals looking for relief due to oil leak damages (both to their property and for lost wages) must call 1-800-440-0858. After reporting their claim to that number and following the directions therein, individuals may then go to a Oil-Spill Claim Center for assistance in receiving compensation. For those looking to make an oil spill claim against BP for the April 20th explosion of the Deepwater Horizon, here is the contact and filing locales in Jefferson Parish:

  • Grand Isle Community Center, 3811 Louisiana 1, Grand Isle
  • Jean Lafitte Town Hall, 2607 Jean Lafitte Blvd., Jean Lafitte
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    New Orleans, LA 70130
    Phone: (504) 521-6000Fax: (504) 617-6300

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