You may still be able to recover partial compensation for your pain and suffering if you were found to be partially at fault for the accident. Since Louisiana determines liability under a pure comparative system, you may recover compensation from any other party that was found to be responsible for the accident; however, the amount of compensation you will be able to recover will be reduced by the amount of responsibility a judge determines you to share for the accident. In more practical terms, you would only be able to recover 60% of the total damages awarded for your claim if you were found to be 40% responsible for the accident.
If you or a loved one was injured in a catastrophic accident, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about the amount of compensation you may be able to recover for your pain and suffering, even if you were found to be partially at fault for the accident. To speak with a personal injury attorney in Baton Rouge about the particulars of your accident, please call our offices at (225) 650-7400 today.
A two-vehicle accident on Interstate 10 near Bluebonnet Boulevard in Baton Rouge took the life of a young couple and their infant son at around 3:00 in the morning on November 28. The authorities said that the 56-year-old driver of a Freightliner box truck was traveling west on I-10 when he pulled onto the right shoulder of the interstate to make a phone call.
Upon re-entering the right traffic lane, he was struck from behind by a Ford F-150 driven by a 20-year-old man. The passenger of the Ford, a 22-year-old woman, suffered critical injuries and died at the scene. Their 2-month-old son, who was in a child seat facing rear, was brought to Our Lady of the Lake Regional Medical Center after sustaining serious injuries. He died later of his injuries.
The 56-year-old box truck driver suffered minor injuries and voluntarily took a breath test. No trace of alcohol was found.
The accident is still under investigation.
Attorney Lane Ewing of the Cazayoux Ewing Law Firm was recently featured in the Greater Baton Rouge Business Report. Lane shared the best advice he ever received with the publication, stating “Father Steve Newton, my rector at Notre Dame, often reminded us to ‘honor the spirit of the rule.’ Instead of looking at things in black and white, he encouraged you to understand the rationale behind a rule.”
You can read Lane’s feature in its entirety by clicking here.
On Monday, November 23rd, attorney Don Cazayoux of the Cazayoux Ewing Law Firm once again appeared on The Jim Engster Show. This week, he discussed the Louisiana Gubernatorial elections, and specifically, candidate John Bel Edwards. You can listen to this episode and Don Cazayoux’s appearance by clicking here.
The financial burdens that often come to be associated with catastrophic accidents can quickly become overwhelming for victims and their families. While it may be possible for victims to recover compensation from the party responsible for the accident, these claims can hinge upon the victim’s ability to establish that some negligent action or inaction caused the accident itself. Bearing that in mind, it will be necessary to establish that the following basic aspects were true of the party believed to be responsible for the accident:
- That the party had some duty to fulfill —for instance, not to drive while under the influence;
- That this duty was disregarded—for instance, he or she drove while drunk;
- That this breach of duty actually led to the accident—for instance, the wreck was caused by impairment;
- That the accident should have been an obvious consequence of breaching this duty—for instance, it would be obvious that impairment could cause an accident; and
- That this breach of duty resulted in actual harm—for instance, you or a loved one was hurt by a drunk driver.
If you believe that your catastrophic injury was the result of another’s negligence, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about what legal action may now be available to you and your family. To speak with a Baton Rouge personal injury attorney about the particulars of your circumstances, please call our Baton Rouge offices at (225) 650-7400 today.
Louisiana law generally only permits accident victims a single calender year to file a claim against the party responsible for their accident. That being said, you should consider taking legal action as soon after the accident as you are able to do so. Our legal team in Baton Rouge understands that this is probably a difficult time for you and your family right now, and we can help you take the action necessary to put this legal matter behind you once and for all.
If you or a loved one was injured in a catastrophic accident, you should consult with one of the catastrophic personal injury attorneys at Cazayoux Ewing Law Firm about what legal actions may be available for you to pursue at this time. To speak with a personal injury attorney in Louisiana about the particulars of your accident, please call our Baton Rouge offices at (225) 650-7400 today.
Attorneys Don Cazayoux and Lane Ewing of the Cazayoux Ewing Law Firm recently participated in a “Lawyers in Libraries” event hosted by the Louisiana State Bar Association’s Legal Education and Assistance Program (LEAP).
The important “Lawyers in Libraries” events provide an opportunity for individuals throughout Louisiana to connected with attorneys in their area and also gain access to helpful information and legal resources.
LEAP is committed to helping low-income individuals secure the legal information and representation that they need, while also helping those who can afford legal representation find an attorney. The “Lawyers in Libraries” program is just one way in which LEAP works to meet this goal. You can learn more about this program by clicking here.
A couple from Baton Rouge was found strangled to death in the backseat of their pickup truck, which had been left at a rest stop in Hammond, Louisiana, on October 19 at around 11 p.m. The couple had previously been reported missing–police were sent to check their home about an hour before they were found–by their children, who were concerned after being unable to reach their parents by phone for some time.
The arrest warrant showed that the couple had been tied up and beaten in their home by the suspect, Ernesto Alonso, before he stole money from their safe and strangled them. He drove away in the couple’s pickup truck to dispose of their bodies.
Baton Rouge Police used a GPS system to track the missing pickup truck, which led to the discovery of the bodies. Reports said that a man was seen fleeing the scene. The 42-year-old suspect was found and arrested in Hollywood, Florida. He was reported to have worked for the couple as a handyman prior to the killing.
Alonso is facing four charges in Louisiana, where he will be extradited from Florida: two counts of first-degree murder and two more counts of second-degree kidnapping.
Attorney Don Cazayoux of the Cazayoux Ewing Law Firm appeared on The Jim Engster Show this past Monday. On this episode, Cazayoux discussed a variety of topics, including the results of recent elections, the dynamics of the Gubernatorial runoff and upcoming Gt. Governor election, as well as the “spygate” issue that is currently surrounding Senator Vitter. Click here to listen to the episode in its entirety.
As a parent, your priority is and will always be the well-being of your children. However, as diligent and careful as you are, you may not always be able to protect your children from dangerous drivers on the road. Fortunately, knowing how to properly secure your child in your vehicle and what to do in the event that an accident does occur may keep your child or children from suffering further harm.
Seat belts are the number one vehicle safety feature responsible for saving lives. A study in 2012 by the U.S. Department of Transportation reported that over 12,000 children’s lives were saved due to seat belt usage in a single year. This figure is important in understanding that children require car seats, booster seats, and seat belts to be truly safe within a vehicle. Following directions to appropriately secure your child’s car seat or booster seat is also an essential part of protecting your child in the unfortunate event of a crash.
If the unfortunate should happen and your children are in your car when an accident occurs, immediately remove yourself from the vehicle, if it is safe for you to do so, and check on your child. It is generally advised to minimally move or touch your children until medical professionals are on the scene if the accident was severe. Minor and moderate accidents may require your children to be examined by an emergency room physician or their pediatrician to ensure no damage was done. Furthermore, any car seats that were in the car, with or without an occupant, should be immediately replaced. Much like helmets, sustaining substantial impact can cause them to fail in the event of a second accident.