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From auto accidents to defective product injuries to workers’ compensation claims, we’re here to help Louisiana injury victims.
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Dudley DeBosier has a trusted team of personal injury lawyers who have been helping injured people in Louisiana.
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by Dudley DeBosier | November 19th, 2020
When a motor vehicle collision occurs, we often depend on our insurance policy to cover the expenses. It’s important to remember though, insurance companies are businesses looking to make a profit.
Because they make less the more they pay on claims, they may not always have their customers’ best interests at heart. This is true not only when they deny injury claims, but also when they try to pay as little as possible to repair your car after a crash.
Unfortunately, insurers trying to cut costs when repairing something as complex as a car or truck could end up killing you. When repairs are done cheaply rather than correctly, you could easily end up in another accident. No one wants to have something on their car re-break at 70 MPH on the highway.
Louisiana state insurance requirements state all drivers should carry a minimum amount of coverage to handle expenses in the event of an accident. Despite consistently paying policy premiums, many motorists have found insurance companies utilized cheap or dangerous parts and labor to repair their vehicles after an accident.
Some of the practices employed by insurers to lower repair costs include using refurbished and used parts. Many of these parts have been taken off vehicles that were damaged in other crashes. Using shortcuts to reduce the time and labor of a repair are also common practices.
CNN News reports insurance companies guide customers to repair centers that will abide by the insurer’s repair demands, what’s known “steering,” even if those demands mean the vehicle will not be repaired correctly. This practice led more than 500 garages from across 36 states to file a lawsuit against top insurers who have been coercing them to skimp on repairs, claiming the business practices of these insurers are not only unethical, but unsafe as well.
After a crash, your insurer will provide you with a list of its “preferred” auto repair shops for you to take your vehicle to. However, you are not required to use any of these shops. You have a legal right to take your vehicle to any auto repair shop you like after a crash, and your auto insurance can’t refuse to pay for your repairs just because you didn’t pick a shop they want.
However, if you choose to use a shop not recommended by the insurance company, prepare to be a bit more “hands-on” with the repair process than you would be otherwise, since the insurance company and repair shop will more than likely argue about price. That means asking questions to make sure you know what is being done to your car.
Hopefully these tips will ensure you don’t use unsafe parts for your vehicle. Know that when it comes to dealing with insurance companies, you almost always have more flexibility than they lead you to believe.
Getting your car repaired after a crash is expensive, but getting injured in a car accident is even more expensive. And since you aren’t (or shouldn’t be) the one footing the bill, the insurance company will be even more motivated to pay less or try to deny responsibility altogether after an injury-causing crash.
Knowing how insurance companies use “steering” to cheap out on car repairs only highlights the need to have an experienced Louisiana personal injury lawyer by your side if you have an insurance dispute stemming from a car, truck, or motorcycle accident. Contact Dudley DeBosier to let us help you get on the road to recovery today.
This article was originally published in February 2015. It has been updated to make all information current.
by Dudley DeBosier | November 16th, 2020
If you’ve been driving to work or the store recently and noticed that the people around you seem to be driving even worse than before, it’s not just you. And it’s not that quarantine has put other drivers out of practice either.
The coronavirus pandemic means that there are less drivers on the roads, but that reduced traffic has also made the drivers who are out and about more reckless than before. Specifically, the culprit is speeding.
At the height of lockdown, national traffic dropped by as much as 60%. Since lockdown orders have lifted, traffic levels have increased to just below normal, or about 10-20% less than what they were at this point last year.
However, less traffic means less congestion, which typically forces people to drive at slower speeds. And while that’s good for drivers’ commutes, it’s definitely not good for drivers’ safety.
Drivers being ticketed during the pandemic are regularly driving more than 20 MPH over the posted speed limit, and according to the Washington Post, some cities are seeing drivers going more than double the posted speed limit.
In fact, drivers are being reported as reaching speeds of 100 MPH 20% more often than pre-pandemic levels, according to Arity, a driving analytics company.
While minor or no injury crashes have decreased nationally since the start of the pandemic, serious and fatal crashes have either remained at the same level or have actually increased.
According to the National Highway Traffic Safety Administration (NHTSA), the fatality rate per 100 million vehicle miles traveled (VMT) for early 2020 was 1.25, compared to 1.06 for the same period in 2019. In the second quarter, the fatality rated jumped to 1.4.
This is a disturbing reversal, considering 2019 was the third year in a row with fewer traffic deaths. However, the combination of less congestion and police departments dialing back traffic stops in light of the COVID-19 pandemic appears to have undone these efforts to reduce traffic fatalities.
It’s not just speeding that’s making roads more dangerous, although that seems to be the primary cause of the increased number of traffic deaths.
More people are also driving while under the influence of drugs and alcohol.
When hospitals and morgues tested the blood of people involved in fatal crashes throughout the pandemic, alcohol was found 26.9% of the time (compared to 21.3% pre-COVID), cannabinoids were found 31.2% of the time (compared to 21.4% pre-COVID), and opioids were found 12.9% of the time (compared to 7.6% pre-COVID).
Overall, fatal crashes involved at least one active drug 64.7% of the time, compared to 50.8% pre-COVID.
Lockdown may have lifted, but many people are still working from home and avoiding going out as often due to the pandemic, which means less traffic than you may typically be used to.
However, that doesn’t mean it’s safe to ignore precautions you would normally take when you get behind the wheel, such as:
Reduced traffic is no excuse for ignoring traffic laws, especially when those actions cause others to get hurt. If you’ve been injured in a crash caused by someone else, our Louisiana car accident attorneys ready to help.
We’ll work hard to get you the compensation you deserve, while practicing COVID-19 precautions, so you can focus on recovering from your injuries without worry.
by Dudley DeBosier | October 28th, 2020
Most people are only concerned about two things when shopping for auto insurance. “Do I have enough to satisfy the legal requirement?” and “am I getting the best rate possible?” But focusing solely on those two concerns means that they aren’t always paying attention to what they’re actually paying for (or not paying for).
Everyone likes to save money on their car insurance, including us, but sometimes it makes sense to pay a little more to get a little extra protection, even if you can get away with paying only the bare minimum of coverage.
Too many times, we’ve had clients get into an accident and think their insurance will take care of their expenses, only to find out that the “great” insurance they thought they had doesn’t actually cover much at all.
To make sure that doesn’t happen to you, we’re going to walk through the six types of auto insurance coverage you can buy in Louisiana, and how they each work.
“Full coverage” is often misleading, because it sounds like you are being covered for everything under the sun, right? What it really means is that you have the full coverage required by law, which in Louisiana is:
All of the above amounts are liability coverage only. Liability coverage means liability to others, and it will compensate other people if you cause a collision and injure them or damage their vehicle.
It will also protect and insulate you from being personally responsible for their damages up to the limits of your insurance policy, but will not compensate you for your own damages – neither your medical expenses nor the damage to your car.
Commonly referred to as “UM coverage,” this coverage will compensate you if you are in a collision that is not your fault and the other driver is unable to pay all or any of your damages. UM coverage includes both bodily injury coverage if you are injured and property damage coverage if your vehicle is damaged.
In an uninsured situation, it will be the only coverage in effect if the at-fault party did not have any insurance. In an underinsured situation, it will take effect once the at-fault party’s policy limits are exhausted. For example, if the person who hit you had the minimum amount of legally required coverage of $15,000 bodily injury liability, but your medical bills wind up being $30,000, that is when you’d want this type of coverage.
Also known as “Med Pay,” this coverage provides a pre-determined amount – typically $1,000, $2,500 or $5,000, depending on your policy – that will help pay any medical bills you might incur as a result of a collision, regardless of who was at fault, up to the limits of your Med Pay policy. It will usually cover not only the driver but also any passengers in the vehicle that were injured as well.
This is a non-fault-based coverage that will help you pay for repairs to your vehicle for collision-related damage, even if you were at fault. Normally, there is a deductible you must pay or have deducted from the damage estimate. Your coverage will then pay for any vehicle repairs above and beyond your deductible amount.
This coverage functions much the same way as collision, except that it covers any non-collision related damage such as vandalism, theft, and weather-related damage like flooding or wind damage. Again, you would pay or have your deductible amount deducted from the damage estimate, but your comprehensive policy would then pay for any repairs above and beyond that amount.
This is another common and useful optional coverage. No, this isn’t the insurance the rental company tries to get you to buy when you rent a car. This coverage comes from your own vehicle insurance, and will pay for you to rent a car to get around with if your vehicle is being repaired.
Normally, your insurance will pay for a rental car for either a specified period of time, like 30 days, OR up to a specified amount of money, like $1,000, whichever is less. So it is usually in your best interest to select an inexpensive rental vehicle because you may use up the amount of coverage before your personal vehicle is out of the shop.
At Dudley DeBosier, we’ve heard every excuse in the book from the insurance company, and we know exactly how to respond. After an accident, contact our Louisiana car accident lawyers.
We have many resources at our disposal to help accident victims get the full amount of compensation they are owed after car crashes that weren’t their fault. And best of all, your initial consultation is always free.
by Dudley DeBosier | October 26th, 2020
It’s hurricane season, and Louisiana has already seen damage. But information on how to prepare and protect yourself and your vehicle is as important as ever.
We’ve compiled some of the most important information car owners need to know before, during, and after a hurricane hits.
Whether you are hunkering down for the storm or are waiting for evacuation orders, it is important to make sure you are ready for whatever comes next. Following these tips can mean the difference between being prepared, and scrambling to protect your vehicle from hurricane damage at the last minute, potentially putting yourself at risk in the process.
If you need to evacuate through a hurricane-damaged area, or while the hurricane is ongoing, follow these safety measures:
If your vehicle was exposed to flood water in a hurricane, it is likely to have suffered severe damage and may even be considered totaled by your insurance company and need to be replaced. However, before it can be determined whether your car can be saved, you need to follow these steps.
Buyer beware when shopping for a used car after a major hurricane, even if you live outside of the area affected! Flood damaged cars don’t always end up off the market, even if they’ve been totaled by your insurer – they could be repaired then shipped outside of their original region to be resold to unsuspecting buyers.
Although cars that have been totaled and rebuilt are supposed to be issued a new “salvage” title that plainly declares if they were flood-damaged, some use obscure letter or number codes to do so. Other times, rebuilt cars are incorrectly issued clean titles.
Even if a car has been dried out and looks fine, that doesn’t mean it’s safe to drive. Floods can damage vital electronics like the airbag controller, corrode major mechanical parts including the engine, cause rust and mold, and more.
You can also look for evidence of prior flood damage, including:
If you suspect the vehicle you are considering purchasing may have been in a flood, Carfax offers a free flood damage check as well.
If you’ve been injured in an accident, you don’t deserve to be swamped by your medical bills or suffer from lost wages as you recover, especially when you were hurt through no fault of your own.
Let Dudley DeBosier help you. Contact our firm today for a free case consultation.
by Dudley DeBosier | September 21st, 2020
Roughly six million car crashes occur in the U.S. every year. That’s nearly 16,500 crashes every single day! At those numbers, if you haven’t been in an accident yourself, chances are high you’ve seen one happen, or will at some point in the future.
And because motor vehicle crashes have a high risk of causing serious injuries, you may be wondering what you should do when you witness a crash. Call 911? Get out and help? Leave it to the professionals?
Read on to find out.
As a witness, you have no legal responsibility to stop and help after a crash, but if you choose to do so, your first priority is to provide assistance only when it does not cause harm to yourself or anyone involved in the crash.
Get out of harm’s way. After a crash,there may bebroken glass and other debris scattered across the road. If you are driving, pull over onto the shoulder or into a parking lot a safe distance away from the crash scene, leaving room for emergency vehicles to get around you, and only exit your vehicle if it is safe to do so.
Call 911. Never assume someone else has already called 911 unless you see first responders on the scene.While the people involved in a crash may call 911 themselves, they may be unable to do so if they are severely injured, trapped, or unconscious.
Don’t move victims or offer unqualified medical assistance. This is best left to the professionals, as moving an injured person could make their injuries worse, and EMTs can often arrive in minutes after being alerted to a crash. If a victim is bleeding heavily, applying pressure to wounds using a clean cloth or towel can help until paramedics arrive.
Do offer other forms of help. This can be as simple as offering water, a pen and paper to take down insurance information, or the use of your phone so the victim can call friends or family.
Wait for the police to arrive and give a statement. Car crashes are chaotic events for the people involved, and they may not be able to accurately describe what happened or how it happened, especially if they are in pain from an injury. As an outside observer, your account of what occurred can help determine who was responsible for the crash.
Offer your contact information to one of the drivers. As a witness, the insurance companies involved may want to speak to you to help determine liability, especially if one of the drivers is contesting the information presented in the police report.
Keep calm and don’t get too involved. Car accidents can be tense scenes, and police and emergency responders need plenty of room to work, assist victims, collect evidence, and file their reports. Stay out of their way and be ready to leave after you’ve spoken with the responding officer and the drivers, if necessary.
At Dudley DeBosier, we have years of experience helping people after serious vehicle collisions and wrecks. We also understand the importance of hearing from witnesses and compiling other forms of evidence quickly before it’s lost. When you hire our firm, we will handle the paperwork and dealing with the insurance company so you can focus solely on getting better. And we never charge you for our services unless we win. Contact us today for a free case review.
by Dudley DeBosier | September 14th, 2020
As many as one in every five car accidents occur in parking lots. Many people don’t treat parking lot accidents seriously, because they tend to be low-speed collisions. However, it is wrong to assume no one ever gets hurt in these types of accidents.
Being struck at just 15 mph has the same effect on a human body as falling seven feet! People in cars can suffer bruises, sprains, whiplash, and airbag-related injuries such as facial fractures.
Pedestrians who are struck by cars in parking lots can suffer far worse injuries, including traumatic brain injuries (TBIs), broken bones, neck and back injuries, internal organ damage, and even death. When these types of accidents happen, the victims deserve compensation.
Drivers are probably more distracted when exiting or entering a parking lot than at any other time. According to one National Safety Council survey, more than half of drivers use their phones to call, text, email, or check social media while driving through parking lots, and nearly two-thirds of drivers program their GPS while driving in parking lots.
In addition to keeping their eyes peeled for open spots, drivers may also be busy checking their shopping list, talking to passengers, digging through their purse, or any number of other actions that take their eyes off of watching out for pedestrians and other vehicles.
Other common causes of accidents include:
If you’ve been injured as either a driver, passenger, or pedestrian in a parking lot collision, you should follow the same steps as you would in any other type of accident.
However, there are a few important differences for accidents in parking lots you should also take into consider.
Don’t let the insurance adjuster claim that accidents in parking lots aren’t severe enough to warrant compensation. If you’ve been injured through no fault of your own, you should never have to pay those medical bills out of pocket.
At Dudley DeBosier Injury Lawyers, we’ll review the details of your case with you for free, and if you decide to hire us, you’ll pay us nothing unless we win. Contact us today for your free case consultation.
by Dudley DeBosier | August 17th, 2020
If seeing a dog hanging its head out of a car window brings a smile to your face, you’re not alone. Dogs are man’s best friend after all.
Whether they’re taking their furry friends to a dog park, the pet store, or simply along on errands, most pet owners have brought their dogs along on car rides at some point.
However, an unrestrained dog in your vehicle can significantly increase your risk of an accident, and the risk of injury to your dog!
Although you don’t need to ban your dog from the car completely, it’s important to make sure that if you do bring them anywhere, they should always be properly restrained in either a carrier, with a harness or seat belt intended for use by dogs, or behind a barrier to prevent them from accessing the front seat.
When dogs and other pets are allowed to freely roam the cabin, they often want to be where you are! And this means:
Any of these behaviors is extremely distracting and dangerous, especially when the car is in motion.
Whether your car accident was caused by your dog, a dog in another vehicle, or something else, having an unrestrained pet in the car can be dangerous for you and your pet.
In a crash, unrestrained animals can become dangerous projectiles, as they will be thrown by the force of the crash, likely injuring themselves and others in the car. If the dog is sitting in the front seat, they could also be seriously injured or killed by deployed airbags.
After a crash, an injured dog could also escape the vehicle. This puts the animal at risk of either being struck by another vehicle or causing another crash as other drivers swerve to avoid the animal. Dogs have also been known to aggressively defend their owners after crashes, preventing emergency responders from reaching them to treat injuries.
Any way you look at it, the best thing you can do for yourself and your beloved pet is to make sure they are always properly restrained whenever you let them get in the car. They’ll appreciate being safe and sound a lot more than being allowed to hang their heads out the window, we promise.
After a car accident, you will be facing a lot of bills – medical bills, repair bills, and especially all the daily costs of living you can’t afford if you’re unable to work due to your injuries.
When an accident isn’t your fault, we believe it isn’t right to be forced into debt over expenses caused by someone else’s negligence. That’s why we fight for accident victims by making sure insurance companies don’t get away with lowball offers or rejections.
If you have been in an accident, contact our firm today to learn what we can do for you.
by Dudley DeBosier | August 10th, 2020
The summer months through Labor Day are among those with the most car accidents attributed to drunk or “buzzed” driving. Law enforcement is well aware of this trend, which is why local police departments and highway patrol will be making extra effort to catch drivers who may be driving under the influence of alcohol.
Motor vehicle crashes are the number one cause of death in the U.S. In 2018, someone was hurt in a car crash nearly every 7 seconds, and someone was killed in a crash nearly every 14 minutes. That same year, Louisiana ranked ninth in the nation for most drunk driving deaths.
If you are planning on driving after drinking any amount of alcohol, it is important to keep in mind how drinking can increase your risk of a costly ticket, jail time, and serious injury. Too many people acknowledge that drunk driving is dangerous but do so anyway, and it only takes one mistake to ruin your life, or end someone else’s.
It is illegal to drive with a BAC of 0.08% or higher in all 50 states.
According to one survey, a staggering 31% of people age 18-34 said that they believe some people are “good” at driving when drunk. However, studies show that in actuality, drivers with a BAC of 0.08% are four times more likely to crash than drivers with a BAC of 0.00%. For many people, a BAC of 0.08%, which is considered legally intoxicated, may be as few as two drinks.
In fact, any amount of alcohol you consume will affect your driving ability, and you may be too impaired to safely drive even before you feel buzzed.
If a police officer believes you are “noticeably impaired,” you can still be charged with an OWI even if your BAC is below 0.08%, as long as it is above 0.00%.
After being convicted of Operating While Intoxicated (OWI) in Louisiana, if it’s the first offense, the driver will face:
For a second offense, drivers will face:
For a third offense, drivers will be charged with a felony, and will face:
If you or someone you love was seriously injured or killed in a crash with a drunk driver, you can’t get the compensation you need to pay your medical expenses and lost wages through the criminal conviction of the drunk driver.
However, with the help of an experienced auto accident lawyer in Louisiana, you may be able to recover what you need to cover your accident-related expenses, and compensate your pain and suffering, through a personal injury lawsuit.
Our team is always available to listen. Call our firm 24/7 to request a free consultation with a lawyer at our firm after injuries caused by a drunk driver, and we guarantee that if we don’t win your case, you pay us nothing.
by Dudley DeBosier | August 3rd, 2020
When you are seriously injured after an accident, there is no question that you need to go to the hospital. But many Louisiana residents are injured in minor crashes and other small accidents every day without getting medical treatment afterward.
Maybe you weren’t in pain, or you thought your injuries were minor and would get better on their own, so you hoped to avoid an unnecessary doctor’s bill. This is common!
But there’s a reason why we strongly urge our clients and accident victims, no matter how minor their injuries may seem initially, to see a doctor right away. That’s because injuries can worsen over time, and when they don’t get better on their own, these unfortunate victims will have made it significantly harder to get the compensation they need by refusing medical treatment.
No, you can file a personal injury lawsuit anytime up to one year from the date of the accident in Louisiana.
However, it will be harder to win your claim if you didn’t get medical treatment immediately after the accident. This is because it will be more difficult to prove that your injuries occurred during the accident (and thus are the fault of the defendant) and not afterward.
For example, if you only see a doctor after months of pain following a car crash, the insurance company will be highly skeptical if you file a compensation claim then. That’s because, from their perspective, your injuries could have many other causes and could have even occurred weeks after the crash—and you’ll have no evidence to suggest otherwise.
Additionally, you likely will not be able to get as much compensation as you otherwise would have, as the insurance company will argue that you are not as injured as you claim or you would have seen a doctor sooner. But since injuries can worsen over time, you may actually need more compensation to treat your injuries.
As soon as you notice your injuries are not getting better or your pain is getting worse, see a doctor. Regardless of whether it has been just a few days or more than a month after the accident, seeing a doctor as soon as possible is still the best thing you can do for your case and your health.
This will get you treatment to prevent your injuries from getting worse, and reduce the amount of time and number of activities that could be blamed for your injuries aside from the accident.
One reason why you might not feel injured after a crash is simply because car crashes are frightening and chaotic. The state of shock and adrenaline your body produces during and after a crash can temporarily mask the pain of an injury. This is similar to the way an athlete may play through an injury, not having realized they were hurt until after the game.
The type of injury you suffered may also be a reason why your injuries aren’t immediately obvious at the scene of the accident. If you’ve ever had an especially tough workout at the gym, you’ll know that soreness usually peaks a day or even two days later! This is also true of soft tissue injuries to the back, shoulders, and neck caused from the g-forces of a car crash (commonly called whiplash).
Concussions may also be hard to recognize right away when they don’t cause loss of consciousness. Some symptoms include inability to concentrate, sleeping more or less than usual, headaches, nausea, and a general lack of energy.
Internal bleeding and organ damage are life-threatening conditions that can be caused by car crashes, but as symptoms can be dismissed as simple bruising or swelling around the abdomen, they can also go undiagnosed for days.
If you were injured in an accident through no fault of your own and didn’t see a doctor right away, you may still be able to get the compensation you need to cover the treatment of your injuries with the help of an experienced personal injury lawyer.
Contact our firm today to speak to a lawyer about your case. Your initial consultation is always free, and we promise that if we don’t get you money, you owe us nothing.
by Dudley DeBosier | July 27th, 2020
After a car accident in Louisiana, you are legally required to call the police if the accident resulted in injuries or caused more than $500 in damage. And after the responding officer questions both you and the other driver about what happened, they will likely write a ticket to be issued to either you or the other driver.
Police officers issue tickets when they see or believe a driver was violating the law, such as speeding, running a traffic light or stop sign, following another vehicle too closely, or driving under the influence of alcohol, to name a few possible examples.
However, it is possible for a car accident to occur and no ticket to be written.
Although this usually isn’t the case, it is possible for a crash to occur even when no traffic laws were broken. In these circumstances, the officer would have no cause to write a ticket.
A more likely reason that an officer would not write a ticket after a crash is because they were unable to determine whether either driver broke the law without having been there to witness the crash.
For example, when responding to a rear-end collision at a stop sign, the police officer can easily conclude the driver of the second car failed to come to a halt and should be written a ticket. But other crashes may not be as clear-cut.
Absolutely! While tickets are useful evidence in proving who may have been at fault for an accident, they aren’t necessary to file a claim.
An experienced car accident attorney can still build a case that proves the other driver caused your injuries by acting negligently using other evidence, such as damage to and position of the vehicles, skid marks on the road, witness statements, and more.
Louisiana follows “comparative fault” doctrine when it comes to accidents that cause injuries. This means it’s possible for more than one person to be at fault for an accident, and it’s possible for both drivers in a crash to be issued tickets!
As long as you are not determined to be 100% at fault for the accident, you can still get compensation. However, your compensation will be reduced by the amount at which you are deemed at fault.
For example, if your claim is worth $10,000 but are determined to be 50% at fault, you will only be able to receive $5,000 in compensation.
That’s why it’s important to contest a ticket and consult a lawyer even in an accident that was partially your fault. Doing so may decrease the percentage of fault you are assigned and increase the amount of compensation you can get.
Yes, although this is rare. This usually happens when the other person involved in the accident files a police report days later rather than in the immediate aftermath of the accident
It can also happen when the police officer completes an investigation of the accident and is able to make a judgment on who was at fault after obtaining more evidence.
At Dudley DeBosier Injury Lawyers, we’ve helped many Louisianans get the compensation they need to cover their medical bills, lost wages, and more after car accidents caused by other people. We know how frustrating it is to face expenses you can’t afford due to other people’s negligence, and we want to help make things right again.
Contact us today for a free case review. When you hire our team, we guarantee you’ll never owe us a cent for fighting on your behalf unless we win your claim.
by Dudley DeBosier | July 20th, 2020
Pedestrians deaths in 2019 were the highest recorded in the last 30 years, according to data collected by the Governors Highway Safety Association (GHSA). And while traffic deaths overall increased only 2% between 2009 and 2019, pedestrian deaths rose by an estimated 60% in the same timeframe.
While these numbers are scary, what they tell us isn’t anything we don’t already know: in car accidents involving pedestrians, the pedestrians are far, far, more likely to be severely injured or killed than the occupants of the vehicle.
And when pedestrians are hit by cars, the driver is often considered at fault. But are drivers always at fault in pedestrian accidents?
The answer is no. Pedestrians typically have the right-of-way, but there are circumstances in which a pedestrian could be considered at fault or partially at fault in a traffic accident.
Louisiana law is especially favorable to pedestrians. Even when pedestrians don’t have the right-of-way, drivers still have a legal responsibility to prevent endangering any and all pedestrians on the road.
There are several reasons experts believe that pedestrian deaths have been increasing year-over-year for the last decade.
One reason is the increased popularity of light trucks and SUVs. In 2018, light trucks and SUVs accounted for nearly 70% of new vehicle sales. Studies show that pedestrians who are struck by an SUV are twice as likely to be killed as pedestrians struck by cars.
Another reason could be the increase in people using cellphones while driving. In 2018, 400 pedestrians and 77 bicyclists were killed in distracted driving crashes.
Most pedestrian deaths occur not on highways or in major intersections, but instead on local roads and away from intersections. These accidents are often caused by speeding, distracted, drowsy, or drunk drivers.
Traffic calming may be one method to combat this type of pedestrian accident. Traffic calming involves designing roads specifically to reduce this type of unsafe driving behavior, such as by adding speed bumps, raised medians, diverters, or curb extensions.
Pedestrian deaths are also far more likely to happen at night. Between 2009 and 2019, daytime pedestrian deaths increased by 16% while nighttime pedestrian deaths increased by 67%. When walking at night, it is important to avoid walking along or near roadways whenever possible and to wear reflective clothing to make yourself more visible to drivers.
If you have been severely injured or lost a loved one because of a reckless driver, you need and deserve compensation for your medical expenses and everything else you’ve lost and suffered.
Car accidents are physically painful and emotionally stressful. But when pedestrians are struck by cars, victims often suffer to an even greater degree. In circumstances like these, the last thing you need is an insurance agent trying to deny you compensation for all your expenses resulting from the accident or trying to push blame for your accident onto you.
After a pedestrian accident, contact Dudley DeBosier right away. Our consultations are always free, and our promise to you is that you will pay us nothing unless we win your case.
by Dudley DeBosier | July 13th, 2020
If you’re really lucky, you’ll never have to change a flat tire on the side of the road. Unfortunately, most of us don’t get that lucky! But if you’re like most drivers, you may go many years without needing to change a flat, by which time the spare tire in or under your trunk may have outlived its usefulness and even become dangerous.
Being stranded on the side of a busy highway or interstate is not the time you want to discover that you don’t have a way to get your vehicle moving again! By periodically inspecting your spare tire, you can save yourself the headache and the potential risks of driving on a bad spare tire and avoid having to call highway assistance or a tow truck in the future.
Here’s how to know if your spare tire is safe to use.
That’s right; spare tires can expire! They’ll break down and stop working effectively the older they are, even when they haven’t been used before. Heat like we experience in Louisiana can accelerate how fast the rubber in your spare tire degrades as well. When the rubber degrades too much, it can cause a rupture in the sidewall or tread separation while you’re driving, which can cause a serious accident.
To determine how old your spare tire is (or any of your tires are!), look for the letters “DOT” stamped on the side of the tire. Following this will be a series of letters and numbers. The last four numbers indicate the month and year it was manufactured. All tires compliant with the U.S. Department of Transportation’s laws and regulations for tire manufacturing will have this information printed somewhere on them.
For example, a tire stamped with 2210 was manufactured in the 22nd week of 2010, a.k.a the first week of June in 2010. Conventional wisdom says tires should be replaced every 6-10 years. If your tire is older than 10 years, it should definitely be replaced. If your tire is at least six years old, you should examine it for signs that it may be starting to degrade.
New tires are expensive, even spare tires. However, when you find yourself with the unexpected expense of a flat or punctured spare tire that can’t be patched, don’t buy the first affordable aftermarket tire you find.
Since compact spare tires are not intended to be driven on for days or long stretches at a time, many drivers make the mistake of thinking any tire will do.
This is a dangerous misconception, as not all spare tires fit all vehicles. Putting the wrong size spare on your car can cause serious damage to your vehicle and increase your chances of an accident.
When a tire is too wide, it can rub against other parts of your vehicle and cause damage to the fender, fuel system, electrical components, and even the tire itself.
Furthermore, when you have two tires with different heights on the same axle, it can cause massive damage to your vehicle’s differential. A differential allows your vehicle’s tires to turn at different speeds, which is necessary when making a turn. The outside wheel has a farther distance to travel, so it needs to turn faster to keep pace with the inside wheel. When a differential fails, the wheels can lock up, which is not a situation you want to experience in the middle of the highway or while driving in heavy traffic.
It’s better to do your research to find the right-sized spare for your vehicle, even if it costs a few bucks more, before you end up with an even bigger repair bill!
You should also inspect the spare tire whenever you buy a car, new or used, and regardless of whether you are buying from an individual or from a dealership, to make sure it is the right size.
Were you in a car accident after another driver lost control of their vehicle? Or maybe you purchased a defective tire that caused your accident. Whether your accident was the result of a negligent driver or a negligent manufacturer, Dudley DeBosier has made it our mission to help victims who are injured in car accidents through no fault of their own.
Contact our team today for a free consultation on your case.
by Dudley DeBosier | June 29th, 2020
No doubt you’ve been coached to “drive defensively” by parents when getting your license, or by government and law enforcement campaigns stressing the importance of road safety. But what does it mean to drive defensively?
Defensive driving is a set of skills and strategies to help you avoid collisions.
Furthermore, practicing defensive driving isn’t only a smart thing to do, it can also help you legally and financially.
Unlike many states, Louisiana doesn’t have a point system attached to driving tickets, but that doesn’t mean moving violations aren’t added to your driving record. Racking up too many violations on your driving record can affect your credit score, car insurance rates, and can even get your license suspended. However, you may be able to get violations removed from your driving record by taking a defensive driving course.
While our defensive driving quiz won’t get a ticket wiped off your driving record, it can give you a better idea of what are considered appropriate actions to take in a variety of situations to keep yourself and other drivers safe.
Were you surprised by any questions on the quiz? Regardless of whether you aced it or didn’t do as well as you hoped, it never hurts to refresh your knowledge of defensive driving tactics. The Louisiana Driver’s Guide is an excellent resource for improving your driving ability and reducing your risks of being involved in an accident.
If you’ve been involved in a car accident caused by someone else that left you with injuries you can’t afford, the experienced auto accident attorneys at Dudley DeBosier Injury Lawyers can work with the insurance company on your behalf to get you the compensation you need. And if they refuse to cooperate, we won’t hesitate to take them to court.
by Dudley DeBosier | June 22nd, 2020
Every time you get behind the wheel of your car, you face the risk of being in an accident. As your mom or dad probably told you when you were first learning how to drive, it doesn’t matter how safe of a driver you are – it’s the other drivers you have to look out for to avoid an accident.
And in Louisiana, your risk of getting into a serious or even deadly car crash may be higher than most other places in the U.S. A 2018 survey found that Louisiana ranked 7th in the nation for deadliest roads, with 777 deaths per 100,000 people. Fatalities on our roads have been on the rise for the last decade, according to the Highway Safety Research Group at LSU.
So, what are Louisiana’s most dangerous roads, and how deadly are they?
Safer America, an organization dedicated to gathering and sharing consumer safety information, recently completed a study of the most dangerous roads in Louisiana based on the number of recorded fatalities between 2015-2017.
The top 10 are:
10. US-171: 26 fatal crashes, 26 deaths
9. I-12: 25 fatal crashes, 26 deaths
8. US-165: 30 fatal crashes, 31 deaths
7. I-49: 29 fatal crashes, 37 deaths
6. US-61: 34 fatal crashes, 38 deaths
5. SR-1: 45 fatal crashes, 48 deaths
4. US-90: 50 fatal crashes, 52 deaths
3. I-20: 49 fatal crashes, 52 deaths
2. US-190: 48 fatal crashes, 54 deaths
Leading us all up to…
1. I-10: 121 fatal crashes, 136 deaths
I-10 was the only road on the list to enter triple digits, with more than double the number of fatal crashes and fatalities over the span of the three-year survey than any other road in Louisiana.
But it’s no surprise I-10 came in at first place. I-10 sees a truly enormous amount of traffic, since it connects four of the largest cities in the state – Lake Charles, Lafayette, Baton Rouge, and New Orleans – as well as connects Louisiana to Texas and Mississippi. Between the commuters, tourists, and long-haul truckers, there’s a lot of vehicles on the road. And the more traffic there is, the more likely it is that crashes will occur.
So what can you do to avoid accidents when you can’t avoid taking these roads? Practice safe driving habits as much as you can. The same factors that cause crashes on less trafficked roads are in effect here, just on a more massive scale.
We can’t make other drivers stop drinking and driving or obey the speed limit, but when they act recklessly and put you or your loved ones in harm’s way, we are here to help you get the compensation you need.
Whether you were hit on I-90, or in the parking lot at Rouses Market, your injuries are real. Contact us today for a free consultation, and if you decide to hire us, you don’t pay unless we win.
by Dudley DeBosier | June 15th, 2020
No phrase fills a driver with dread quite like “hit-and-run.” Although it’s illegal to leave the scene of a crash without exchanging insurance information with the other driver, at least one hit-and-run accident occurs every minute in the U.S., according to data collected by the AAA Foundation for Traffic Safety.
Everyone has heard of hit-and-runs, but what about “miss-and-runs”? Don’t be confused by the name; miss-and-run accidents can be just as damaging and deadly as hit-and-run accidents.
This type of accident occurs when a driver (Car A) swerves to avoid another vehicle (Car B) and crashes as a result of this evasive action, with the driver of Car B continuing on without stopping. It’s essentially the same as a hit-and-run accident, but with no actual physical contact between vehicles.
Miss-and-runs are more common than you might think. Typically this happens when the driver of Car B is driving while impaired or distracted. They may deliberately flee the scene to avoid consequences, or they may not have even noticed the accident they caused!
In the insurance world, Car B is what’s known as a “phantom vehicle,” because neither the driver nor the vehicle itself can be identified.
Even if there was no physical contact between your vehicle and the other driver’s, if their actions directly caused the accident, such as by swerving into your lane unexpectedly, they can legally be held at fault.
But if they can’t be identified, you will need to file your compensation claim against your own uninsured or underinsured driver coverage to get payment.
To help your claim, you will also need to file a police report and call your insurance representative right away, the same as you would do if the other driver had remained at the scene.
If you’ve ever had a co-worker hit your car in the parking lot and try to deny it, there was likely still a tell-tale scrape of paint on the side of their car. After serious hit-and-run accidents, police can occasionally locate the perpetrator by the corresponding damage on that person’s vehicle. But in a miss-and-run, there is usually little or no evidence at all.
Unless you have dashcam footage that can prove there was another vehicle and that the other driver caused your crash, your insurance will try to deny your claim.
They will argue that you caused your own crash and tried to blame it on another driver and car that was not there.
The requirements for proving a phantom vehicle claim differ from state to state, and the laws in Louisiana are especially strict. They state that to recover compensation for either property damage or personal injuries after a crash caused by a phantom vehicle, “the plaintiff bears the burden of proving, through an independent and disinterested witness, that a phantom caused the accident.”
(In this situation, an “independent and disinterested witness” means someone who is not also filing a compensation claim for the same accident.)
In other words, your word alone is not enough.
This makes phantom vehicle, or miss-and-run, accidents extremely difficult to prove. However, an experienced lawyer can help build a case using testimony from passengers or even passersby who did not see the crash itself but can confirm a vehicle left the scene that matched the description the driver gave of the phantom vehicle.
At Dudley DeBosier, we know how to improve your chances of getting compensation in situations like these. If you or someone you love was injured in an accident caused by another driver’s reckless behavior, even if they didn’t collide with you, we want to help.
Contact our team today for a free case review.
by Dudley DeBosier | June 8th, 2020
It’s been more than two months since Louisiana Governor John Bel Edwards issued a Stay-at-Home order to combat the spread of COVID-19, and some of us have been in self-quarantine for even longer. But now that the state is beginning to open up again, most of us are happy to get out and back to ordinary life again (while taking reasonable safety measures, including wearing masks).
However, while you may be more than ready to get back into your daily commute, is your car ready?
Depending on how long your vehicle has been sitting unused, it may not be as simple as turning the key to get it started again. Even leaving your car unused for only two weeks can cause battery issues.
Your car may not start.
Your car sucks up power from the battery even when it’s turned off and parked, while driving it helps recharge the battery. That’s why most experts suggest driving your car for at least 15 minutes every two weeks to keep the battery charge healthy. But if your car doesn’t start on your first time back behind the wheel, you may need to give it a jump-start.
The tires may be flat.
Your tires are always slowly losing pressure, but this occurs faster when the vehicle isn’t driven. Your tires may even deform and develop a “flat spot” from the weight of the car pressing down on them when your car sits in place for too long.
Flat spots can usually be “driven off.” As you drive, your tires heat up and the rubber becomes more flexible, essentially molding them back into the proper shape. But depending on how long your car has been sitting, the flat spots may be permanent, and the tires may need to be replaced.
Animals may damage your vehicle.
Rodents like mice and chipmunks may crawl up in the engine compartment or the exhaust outlet to nest. While they’re in there, they tend to chew up wires. Check for visual signs of rodents, strange sounds, or bad smells before getting into the car again for the first time after quarantine.
If you see evidence of rodents in your engine compartment, disconnect your battery to avoid shocking yourself, put on gloves to protect yourself from rodent-carried diseases, and thoroughly clean the engine bay using a diluted bleach solution (1 part bleach to 9 parts water). Make sure to really drench it! Wait to reconnect the battery until the engine bay is dry.
You should also get your vehicle inspected for any other damage these tiny invaders may have caused.
Your gasoline could have gone bad.
Believe it or not, gasoline does go bad. Usually it’s not a problem, since it’s used up before this ever has a chance to happen. But if your vehicle has been sitting for a long time, a number of problems can occur.
For starters, as the fuel degrades, it becomes less effective, reducing engine performance and potentially even causing engine knocking (damage to the piston and cylinder wall of the engine). You’ll lose fuel economy and might experience stalling as well.
More dangerously, as the fuel evaporates, it can also leave behind deposits that clog up gas lines and filters (a process called “oxidation”).
Worse, if your gasoline has a high concentration of ethanol, it will attract condensation (especially if the tank wasn’t full when you parked it) and potentially even corrode your gas tank.
A smell test will probably be able to give you an idea if your gas has gone “off.” It will smell sour and will also be a darker color. If your gas has gone bad, you may want to drain the tank and refill it with fresh gas.
Your brakes may stick.
Rust develops on brake rotors very quickly when they aren’t in use, especially if they were damp (such as after rain) when the car was parked.
The act of braking will help rub the rust off once you start driving again. Try depressing the brakes a few times before shifting out of park, then lower your window and brake a few times more times while the car is in motion. If you hear scraping, brake only gently for the first few trips, avoiding hard braking until you can no longer hear a scraping noise (indicating the rust has been worn off).
Vehicle accidents aren’t always the fault of inattention or reckless driving. They can also happen when a vehicle isn’t maintained properly. This increases the likelihood the driver will lose control of the vehicle or be unable to avoid a collision.
All of us have to do our part to prevent accidents when possible, so before leaving quarantine, it’s important to also make sure your vehicle is working correctly and safely.
But when you’re involved in an accident that wasn’t your fault, we want to help. Call the car accident attorneys at Dudley DeBosier Injury Lawyers today for a free consultation when you’ve been injured.
by Dudley DeBosier | May 18th, 2020
May is National Bike Month! The pleasant weather makes it an ideal time for bike riding. However, there’s more to buying a bike than simply pick out one that’s the right size and a color you like.
Before you spend hundreds of dollars on a bike, make sure you stop and think about what you’ll primarily be using it for. Then, depending on how you plan to use your bike, you’ll have several options to consider. You may even purchase a bike, and then swap out the seat, handlebars, or even the tires to suit your needs!
Before we talk in depth about different types of bicycles, let’s talk about the various types of handlebars, and why they can make a big difference in your bike ride.
These are handlebars that curve downward at each end in a ‘C’-shape. This type of handlebar requires cyclists to lean forward, which creates a more aerodynamic shape and allows riders to go faster.
Flat handlebars extend straight out, allowing riders to sit upright, which is usually more comfortable. It is also very easy to attach bells, phone mounts, lights, and other accessories to this type of handlebar.
These handlebars swoop back in a wide ‘U’-shape. This type of handlebar offers great control when sitting upright, is the most comfortable on your wrists, and leaves room to place a basket at the front of the bike.
Other types of bike handlebars you might see are bull horn bars, which curve up and forward and are great for riding uphill but bad at making turns; aero bars, which are two parallel bars typically used in time-trial cycling; and butterfly bars, which loop around in an almost complete circle to allow a huge number of hand positions and even more space to add attachments than flat handlebars.
There are as many types of bikes as there are ways and places to ride them. That means the same bike that’s great for building up a sweat on weekends may not be the bike you want to use on your morning commute.
Road bikes feature thin tires, lightweight frames made from aluminum or carbon fiber, and drop handlebars. Racing bikes and city bikes are examples of your typical road bike.
Road bikes are built for aerodynamics and endurance. They perform best on smooth pavement and are intended to help riders travel long distances very quickly.
Also called comfort bikes, touring bikes are considered a type of road bike because they are meant to be ridden on pavement. However, there are several important distinctions between touring bikes and other types of road bikes.
Touring bikes often have attachment points to add accessories, such as lights, racks to carry bags or other items, water bottle holders, or mud flaps. Because of this, touring bikes typically have steel frames, which makes them slower but allows weight to be distributed more evenly so you can carry heavy items without overbalancing. They also have wider tires, a longer wheelbase, and a lower center of gravity, which make them easier to control.
Mountain bikes feature wide tires with heavy-duty rims, partial or full suspensions, heavy-duty brakes, and multiple gears designed for steep slopes (both up and downhill). Mountain bikes are designed for riding on uneven surfaces and are a good choice for taking on trails. Although they can be used for everyday riding, they’re not the best option because they are usually heavy and slow.
Hybrid bikes are the best of both worlds. Partly road bike, partly mountain bike, hybrid bikes usually feature flat handlebars that let you sit comfortably, wide tires to improve handling, and stronger brakes that make it easier to stop suddenly in urban traffic. They perform well on both smooth and rough or wet surfaces, but it’s not recommended to take them truly off-road.
You might also consider BMX bikes, for trick riding; e-bikes, which use a small, lightweight electric motor to assist the rider; folding bikes, which as the name implies, can be folded up to take on a train or plane; fat bikes, a type of mountain bike with tires as wide as 5-in. across that is designed for riding on sand or through thick mud; and triathlon bikes, a type of racing bike for the serious cyclist.
What’s the difference between women’s bikes and men’s bikes? It’s not a marketing scheme – women’s bikes are built differently to be more comfortable for women to ride, based on typical differences in body types between males and females.
Women’s bikes typically include:
However, many women can comfortably ride a “man’s” bike, so don’t let these design distinctions stop you from purchasing a bike that is comfortable for you, even if it’s not labeled “for women.”
Cycling is a great pastime, a great way to get around, to get exercise, or to just enjoy a nice day outside. However, when sharing the road with cars and other vehicles, cyclists face a lot of risk. Not many cities are bike-friendly, and bike accidents result in thousands of injures each year.
If you’ve been injured in a bicycle accident through no fault of your own, you deserve compensation for your injuries. Our Louisiana bike accident law firm has helped hundreds of bicyclists get the money they needed for their medical bills and pain and suffering after a negligent driver harmed them. If you ever find your loved one or yourself in a similar situation, don’t hesitate to call Dudley DeBosier Injury Lawyers. Your consultation is always free.
by Dudley DeBosier | April 20th, 2020
It’s an unfortunately familiar situation for many of us. You’re driving down the road when another car comes out of nowhere. Suddenly, you’ve been hit. Or maybe you slam on the brakes but can’t stop fast enough to avoid the other car.
In the best-case scenario, the worst thing that happens is some minor damage to one or both vehicles. But even accidents that don’t end with a totaled car can result in sprains, contusions, damage to the neck and spine, and other painful injuries that may take weeks or months to heal. And when you’ve been injured, you have big hospital bills you need to pay.
When your accident wasn’t your fault, you can get compensation through the at-fault driver’s insurance, but what happens when the other driver says the accident was your fault and not theirs?
Depending on which state your accident occurs in, different laws will dictate what happens next.
Louisiana follows a “pure comparative negligence” doctrine, which means that more than one person can be held at fault for an accident, and all parties are eligible for compensation for their damages and injuries. However, it is still very important to make sure that the correct percentage of fault is assigned, because each driver’s compensation is reduced according to their own percentage of fault.
For example, if a driver sustains $100,000 in damages, and is assigned 30% of the fault, their settlement will be reduced by 30% ($30,000) and they will receive only $70,000. But that doesn’t reduce the driver’s needs after an accident. Unless you want to come up $30,000 short of what you need to pay your bills after your crash, you will need an experienced Louisiana car accident lawyer to help you prove you were not at fault.
After a car crash, insurance adjusters will conduct an investigation by reviewing the statements from the drivers, analyzing the police report, and inspecting the damage to the cars to determine who was at fault.
However, if you disagree with the assessment of the insurance adjuster, the burden of proof lies on you.
If you’re able to do so after the crash, following these steps can help you and your lawyer prove you weren’t at fault for the accident:
When insurance adjusters refuse to pay what you need or assign you an unfair percentage of the fault after a crash, you may need a lawyer to take the matter to court.
An experienced auto accident lawyer, like those at Dudley DeBosier Injury Lawyers, will have seen many accidents similar to yours and know how insurance adjusters think. They will be able to bring in witness testimony, recreate the scene of the accident, and demonstrate precisely why you are not at fault, or why your percentage of fault should be reduced.
A lawyer will also be able to take care of the paperwork to make sure you don’t miss out on any important deadlines while you recover. They can also prepare a demand letter on your behalf that explains your side of events, refutes any arguments toward your fault, and explains the damages you are owed.
Unsure whether legal representation can help you after an accident where you were unfairly assigned some or all of the blame? Contact the team at Dudley DeBosier Injury Lawyers. There is no charge for your initial consultation, and no obligation to hire us unless you are satisfied we can help.
by Dudley DeBosier | April 13th, 2020
Distracted driving is becoming a major problem, both in Louisiana and nationwide, largely because of the near-total adoption of smartphones by Americans of all ages. But there is more than one way to become distracted behind the wheel.
Have you ever groaned at rubberneckers disrupting the flow of traffic when they slow down to gawk at a crash? Nearly hit another car because you were juggling your coffee and breakfast sandwich and missed the light turning red? Or have you ever been rear-ended by someone who was reading a text instead of watching the road? Then you know what we mean about multiple kinds of distraction.
The Louisiana Highway Safety Commission reports an average of 38 deaths and 5,400 injuries each year caused by distracted driving. Nationally, distracted driving deaths totaled 3,166 in 2017, 599 of them pedestrians. That’s nine deaths every day.
So what are the most common forms of driver distraction and what can we do to stop it?
There are many ways to become distracted while driving, including:
A study of 2,000 Americans conducted by The Zebra in January 2020 found that although 37.1% of respondents believed that texting while driving impaired their ability to drive safely, 28.6% admitted to doing it regularly, and 56.7% of respondents admitted to eating and drinking in the car.
If we want to help prevent distracted driving accidents, we need to stop allowing ourselves to become distracted. We can make adjustments to our daily routines and be more conscious of potential consequences to a small decision.
We can also make sure that those around us practice safe driving habits and obey Louisiana state laws about cell phone use as well.
Louisiana State Laws concerning distracted driving include:
If you are the passenger in a vehicle where the driver is using their cell phone behind the wheel or looking away from the road to perform some other task, remind them that paying attention to driving comes first. You could even offer to complete whatever task distracted them, such answering a phone call or reading a text message, for them. It is also important for parents to lead by example and always make sure to avoid falling prey to distractions when their children are in their vehicles.
A text can always wait, and when you or someone you love is injured because someone else wasn’t paying attention to the road, we believe you shouldn’t be responsible for paying for your medical bills out-of-pocket.
When you hire Dudley DeBosier Injury Lawyers, our distracted driving accident attorneys will collect evidence to prove the accident wasn’t your fault, and do everything we can to get you the compensation you deserve for the injuries and pain you suffered.
In addition, we know that auto accident injuries often mean temporary or even permanent disabilities—and that can mean weeks, months, or even years of lost wages. That’s why we’ll work hard to help you get compensation for any paychecks you missed while you were away from work recovering.
We care about helping you get your life back together after an accident. That’s the Dudley DeBosier Difference. So contact us today for a free, no-obligation consultation.
by Dudley DeBosier | March 23rd, 2020
Getting the compensation you need to fix your car and, more importantly, pay your hospital bills, is never easy after a crash. It seems like the insurance company is always trying to shortchange you. And if you were injured in a crash with a commercial truck? That process just got much, much harder.
So why is that? For starters, the drivers actually involved in the crash may not be the only people legally liable.
When you are hit by a commercial truck, you don’t just have to deal with another private citizen – you are dealing with an on-the-clock employee and their employer, and potentially several additional parties as well, including:
For more information on these potentially liable parties, and why and under what circumstances they could be held responsible for your injuries, download our free guide by clicking the image below.
You may think a truck accident is the same as a car accident, just on a larger scale, and they can be handled the same way. This isn’t true. Truck accidents need to be negotiated and litigated differently.
Firstly, there are numerous parties that may need to be held responsible for their part in contributing to your injuries.
Secondly, the process of proving fault is different, in part because the physics behind a truck crash are different. Trucks are harder to turn and harder to bring to a complete halt, and the distance needed to slow or stop a truck changes depending on how much cargo they are carrying.
Truck drivers and trucking companies are also held to their own additional laws – including how much cargo they can carry, how long a driver can drive in a single stretch, who can legally drive a commercial truck, and more.
The last reason is potentially the most important to your case. Because truck accidents have the potential to cause so much more harm than an ordinary car crash, trucking companies are required to carry much higher insurance policies which pay out much higher settlements. But when you or a loved one have suffered severe, disabling, or even fatal injuries, you will need every penny of that or maybe even more to recover.
Insurance companies will be reluctant to pay. Only an experienced truck accident attorney can negotiate a settlement that covers all the expenses and pain and suffering you’ve faced and will likely continue to face after a truck accident.
At Dudley DeBosier, we know how devastating truck accidents can be. That’s why we offer the No Fee Guarantee®: you pay nothing, unless we win.
When you are severely injured and likely unable to work, you don’t need to worry about how to afford a lawyer, so we got rid of that problem entirely. We don’t charge for your initial consultation to discuss your case, and if you decide to hire us, we don’t charge until you get your compensation check in the mail. That’s the Dudley DeBosier Difference.
Contact us today for your free case consultation.
by Dudley DeBosier | March 19th, 2020
Truck accidents are terrifying. They have a much higher fatality rate and involve more complicated state and federal laws than car accidents. At Dudley DeBosier, we know just how difficult this experience can be. When you’re on the scene, you can easily become overwhelmed with the multiple parties involved, including the lawyers and insurance adjusters trying to reach you. First thing’s first: breathe and take it one step at a time.
Step 1: Make sure you’re safe, then call 911. If possible, remove your car from the roadway and make sure you’re in a safe spot to call 911. You don’t want to jeopardize your own safety (or someone else’s) unnecessarily. You’ll want to get the complete police report even if it’s a minor accident. It’s the best way to have immediate documentation of the accident and can be presented as evidence if you end up in court.
Step 2: Seek medical help. You might think you’re fine, but you should still get evaluated on the scene and at a doctor’s office. You may be experiencing internal bleeding, which a doctor will be able to diagnose.
Step 3: Identify and document all parties involved. If you’re uninjured and it’s safe for you to be walking around, you’ll want to document as much as you can. Take pictures, gather contact information of witnesses and people involved, and write notes about the road, weather conditions, or other factors that could have affected the accident.
Tips for taking pictures: Getting an overview from several angles of the accident can help tremendously. Vehicle damage and other property damage are important, but traffic signals and the weather are significant too.
Step 4: Be careful with what you say. Don’t be mean, never lie, and don’t be too nice and admit fault if you are not responsible. Some trucking companies will send a whole team of lawyers to the site, or your own insurance company might call you to “make sure you’re okay,” but they use all these tactics to get you to say you’re in better health than you actually are.
If you’ve been in a truck accident, you can find an experienced attorney to fight for you with Dudley DeBosier.
by Dudley DeBosier | February 24th, 2020
Whether you embrace the future of vehicle technology or you scoff at the latest trends, you will likely soon be driving a car equipped with gadgets you and your instructors never would’ve imagined when you first took Driver’s Ed.
Just like you, we are both hopeful and hesitant when it comes to the future of vehicle technology. Before we dive into the potential advantages and disadvantages of these advancements, let’s first look at what we might expect in the years to come.
What is the Future of Vehicle Technology?
Features that we might expect include:
How soon these features will be widely used in new cars isn’t clear. But it’s entirely possible that the next vehicle you purchase will contain at least one variation of the technologies listed above.
What We Like About the Features That Future Vehicles Could Offer
Without a doubt, the most exciting thing about the future of vehicle technology is how it might save lives. Vehicles today are safer and more efficient than those of the past, and we all reap the benefits.
If innovation continues to make our cars safer, we’re all for it. The Department of Transportation (DOT) clearly has high hopes for automated driving systems. A few of the benefits the DOT sees in automated technology include:
In addition to safety improvements, new vehicle technology also improves the user experience of our vehicles. Just think about how much more convenient and safe plugging your phone into your dashboard to play music is than riffling through a collection of cassettes or CDs!
Our Concerns About the Potential Drawbacks
Living in a world with super safe vehicles sounds great. But getting there presents challenges. First, the push to be the first manufacturer to make an autonomous vehicle available to consumers incentivizes automakers to innovate quickly. If that innovation comes at the expense of safety, as it potentially has with Tesla’s autopilot settings, then it’s worth asking if the progress will be worth it.
Drivers are increasingly worried about how automated features affect their ability to safely drive their vehicles. In a survey conducted by Esurance:
Cybersecurity is also becoming a concern with many new “smart” devices, including new vehicles. Hackers don’t just retrieve sensitive information about vehicles’ owners; they can also manipulate the vehicles themselves.
Another potential drawback of new vehicle technology is how expensive these features will make vehicles. Vehicle prices continue to skyrocket in the U.S., and it’s easy to see how more technologically advanced vehicles will only make cars more expensive for consumers.
So, there are several reasons that the future might not be so bright. For all the benefits that safety features might offer, there are just as many potential drawbacks.
No Matter What the Future of Vehicle Technology Holds, Accountability is Key
Until vehicles are no longer operated by human beings, negligent drivers must be held accountable when they injure others. As we become more reliant on driving assistance features in our cars, we will also be placing more trust in auto manufacturers to provide the safest possible products.
If the past is an indicator of what the future might hold, we should expect missteps by vehicle manufacturers. With recalls including Takata’s defective airbags and GM’s faulty ignition switches still fresh in our minds, we are right to have concerns about a future in which we depend on vehicles to perform an ever-increasing number of duties.
When Vehicles Cause Harm, You Have the Right to Compensation
At Dudley DeBosier, our job is making sure clients are given the compensation they deserve after car accidents, whether they were caused by driver error or vehicle malfunction. We know that automakers and vehicle parts manufacturers sometimes get it wrong, and it’s often up to consumers to take a stand and make things right.
Injuries caused by vehicle defects are unacceptable. If you have questions about an unsafe vehicle or component you want answered, we encourage you to contact our team for a free consultation. Our defective product attorneys have years of experience holding negligent manufacturers responsible for the harm their products have caused.
We help clients with all types of car accident cases. It’s possible that your crash had many causes. When you hire Dudley DeBosier, we’ll work hard to determine who should be held accountable for your injuries. We fight to get our clients the payment they’re entitled to, so they can focus on their health.
by Dudley DeBosier | January 27th, 2020
Here at Dudley DeBosier Injury Lawyers, we’re big football fans. But even when the Saints or the Tigers aren’t playing, we still love to take in a good game, and the Super Bowl is the biggest game of the year. If you are planning on taking in the Big Game at a bar or watching with friends at a Super Bowl party, we want you to have fun, but we also want you to stay safe while you do so.
Super Bowl parties often involve alcohol, and when party goers drink and then drive home, they greatly increase their risk of getting in car accidents and injuring themselves or others. In 2018, Louisiana ranked ninth in the nation for the most fatal DUI collisions. Don’t let yourself become part of the statistic. Follow these rules when you head out to watch the game on February 2.
Although motor vehicle crashes involving drunk drivers are one of the biggest threats to partygoers on Super Bowl Sunday, and one with the most potential to causes serious injuries or even death, they aren’t the only danger you’ll face.
If you are hosting a party this Super Bowl Sunday, keep these tips in mind to help protect your guests.
If you or someone you love were injured at a Super Bowl party or in a crash involving a negligent driver on Super Bowl Sunday, we want to help. Car crash injuries are often extremely painful and can even prevent you from working and earning the paychecks you need to pay your hospital bills.
If your injury was caused by a drunk driver or someone else behaving negligently, you shouldn’t be the one forced to pay. You deserve compensation, and we want to help you get every cent you deserve.
Contact the team at Dudley DeBosier today for a free consultation, and if you hire us, you owe us nothing unless you win your claim.
by Dudley DeBosier | January 20th, 2020
Americans today are more stressed than ever, and sometimes that spills over into the way they drive. Road rage is a growing epidemic on roadways in Louisiana and throughout the country, and it’s making highways and interstates more dangerous.
In fact, the National Highway Traffic Safety Administration says that the number of road rage-related traffic fatalities increased from 80 in 2006 to 467 in 2015. That’s nearly a 500 percent increase in a 10-year span.
Although road rage doesn’t get the same publicity as speeding, drunk driving, and distracted driving, it’s something that all drivers should be aware of, both in others and in themselves. Drivers who experience road rage often lose control of their emotions and judgment, significantly increasing the risk that they’ll engage in reckless and dangerous behaviors when they’re behind the wheel.
Some drivers silently seethe behind the wheel when they’re stuck in traffic or are cut off by other motorists. Other drivers take out their aggression in more obvious ways, which can put everyone around them at risk. If you recognize any of the following behaviors in other drivers while you’re on the road, stay alert and cautious, as they may indicate road rage:
Although some people are more prone to experiencing road rage than others, almost everyone is susceptible to it if they’re feeling angry, frustrated, or impatient. In fact, even small changes in mood and demeanor can be enough for drivers to experience impaired judgment and to be more likely to make rash, dangerous decisions.
Stay safe while driving by following these tips:
At Dudley DeBosier, we work hard to help innocent victims get the compensation they deserve after crashes that weren’t their fault. Whether those crashes were caused by speeding, following too closely, running red lights, alcohol or drug intoxication, distraction, or even road rage, it’s our goal to build strong claims for our clients and hold negligent drivers accountable.
If you were hurt in a crash caused by an angry or aggressive driver, we want to speak with you. We’re ready to investigate the accident, collect evidence that proves you weren’t at fault, and negotiate to get you maximum compensation. From the moment you contact us, we’ll be here to answer your questions and address your concerns. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | January 13th, 2020
Here in Louisiana, we’re lucky to avoid the harshest parts of winter that blanket other parts of the country for weeks or even months at a time. But cold weather is still a reality for us between December and March, and it doesn’t just affect the roads—it can also affect our vehicles.
Vehicle maintenance is important all year-round, but it’s even more essential during the winter. That’s because cold weather and the essential components of modern cars, trucks, and SUVs are natural enemies. Thankfully, keeping your vehicle running and looking its best this winter is as simple as following the steps we provided in this handy infographic.
Ensuring your vehicle survives the winter in tip-top condition requires taking a few extra steps every year, but it’s well worth the added time and hassle to get to spring without incident. However, there are a few things that it’s equally important NOT to do during the winter to avoid seriously damaging your vehicle, and they include:
In addition, don’t forget to keep up with other routine maintenance tasks such as refilling your coolant, getting your oil changed at regular intervals, checking your lights and replacing burned out bulbs, and making sure your gas tank doesn’t get too close to empty – condensation can form and then freeze inside, damaging your fuel lines.
Freezing temperatures aren’t terribly common in Louisiana, but they do happen throughout the winter. Because of their rarity, snow and ice can be even more dangerous here than in other states, as most drivers are inexperienced with those conditions.
Protecting your vehicle isn’t your only priority between December and March—it’s also essential to drive safely. And if you or someone you love was hurt in a crash this winter, Dudley DeBosier is here to help. Regardless of the time of year, we know that crashes can result in expensive medical bills and lost wages, and it’s our goal to help victims get maximum compensation. Contact us today.
by Dudley DeBosier | January 6th, 2020
Most of us have an account on at least one social media app or website, whether that’s Facebook, Twitter, Instagram, Snapchat, or something else. And while social media may be a convenient way of getting in touch with our friends and family, total strangers can also see your posts, and that may include insurance adjusters.
If you’re in the process of filing a compensation claim, or are considering that you might, that’s the last thing you want. And because your social media posts are considered part of the public record, insurance companies and their lawyers can see those posts without a warrant or subpoena, even if your account is set to private! Insurance companies are motivated to reduce or deny even legitimate claims to protect their profits, and your social media posts could accidentally help them do that.
The best thing to do after an accident, especially if you’re filing a compensation claim, is to stay off social media entirely until your claim concludes.
Sometimes avoiding mention of your accident isn’t enough. Insurance companies and their lawyers have previously tried to argue that when victims continue to post just as they usually would after their accidents, that it proves their mental and physical health weren’t seriously affected by their accidents.
However, because personal injury claims aren’t always wrapped up quickly, you may still want to be able to chat with friends and get updates through social media. So if you do use social media, follow these tips to reduce your risk of accidentally posting something you shouldn’t.
If you were injured a car accident, you need Dudley DeBosier. To us, our clients aren’t just another number—they’re part of our family. We want to help you get your life back together, and we’ll do whatever it takes to get you there, including offering advice on how to protect yourself on social media while your claim is ongoing. That’s the Dudley DeBosier Difference! Contact us today for a free case review.
by Dudley DeBosier | December 30th, 2019
Being firmly rooted in the Deep South, most parts of Louisiana enjoy mostly ice and snow-free winters. However, that doesn’t mean Louisianans are exempt from having to worry about the dangers of winter weather when they’re driving between the months of December and March.
The state is known for occasional freezing temperatures and accumulation of ice and snow, which are made all the more dangerous because of many local drivers’ inexperience with handling those conditions. In addition, many Louisianans travel to other parts of the country that are more likely to experience hazardous weather and road conditions during the winter months. Being unprepared for winter weather can make driving a more frustrating experience at best and a downright dangerous activity at worst.
Snow and ice are often seen as a novelty in Louisiana rather than the potential danger they can be—especially for drivers with little to no experience with these weather conditions’ effect on roadways. To stay safe this winter and in the years to come, whether you’re driving in Louisiana or any other part of the country, do your best to follow the tips below.
Overall, one of the best tips you can keep in mind is to never underestimate the danger that snow and ice can pose on roads. Even if your vehicle has the latest and greatest in safety technology, including all-wheel drive, all-weather tires, and stability control, it’s still important to drive cautiously and carefully when temperatures dip below freezing. You should also keep in mind that bridges ice over first in the winter, and it doesn’t have to be at or below 32 degrees outside for ice to form on them.
Unfortunately, following the tips above can only reduce your risks of being involved in a crash this winter—not completely eliminate it. When other drivers fail to obey the rules of the road, or they fail to adapt their driving behaviors to inclement weather, serious crashes can occur. And when their negligence causes others to suffer injuries, our Louisiana auto accident attorneys believe that they should be held accountable for the expenses and suffering they caused.
Expenses associated with winter weather crashes can be significant. They typically include expensive medical bills for all manner of auto accident-related injuries, including broken bones, head injuries, soft tissue damage, and even internal organ damage. In addition, many victims are unable to work for long periods of time due to their injuries, and that means no paychecks. Finally, crashes can be mentally and emotionally painful.
We believe that victims deserve to be compensated when accidents affect their quality of life, and seek to help our clients recover compensation for all the ways they’ve been harmed: physically, financially, and emotionally.
At Dudley DeBosier, our legal team knows how important it is for victims to get the compensation they deserve after crashes that weren’t their fault. But we also know how difficult it can be to get a fair settlement from insurance companies that are more concerned about their own profits than paying victims the money they’re truly owed.
That’s because insurers have many tricks up their sleeves to either reduce or deny otherwise valid claims, resulting in injured victims coming away with paltry settlements—or sometimes, no money at all. When you contact us, you’ll get a legal team on your side that stays one step ahead of the insurance company from the moment we take on your claim until the day you collect your check.
And throughout the process, you can count on us to answer your questions, address your concerns, and keep you up to date on the progress we’re making on your claim. We treat our clients like family and battle with the insurance company to get them the results they deserve—that’s the Dudley DeBosier Difference.
by Dudley DeBosier | December 23rd, 2019
Whether you’re traveling to a relative’s home for the holidays or are enjoying a vacation, road trips are a great way to make memories. But when you are traveling with small children, they can also be a very frustrating experience. At Dudley DeBosier, we know how easily small children get bored or distracted, which is why we’ve put together this guide to help parents keep their kids entertained on long car trips so they can stay safe when navigating traffic-packed roads.
We recommend adding these items to your list when packing up the car for your trip.
These methods have been tested and approved by parents in the Dudley DeBosier team.
When you don’t have toys or activity books, or when your kids lose interest, these games can save the day.
20 Questions
One player thinks up a person, animal, or object, but does not tell the other players what it is. The other players have to try to guess what it is, but they can only ask yes-or-no questions, such as “Is it bigger than the car?”, “Is it yellow?”, and so on. The goal is to try to guess what the mystery object is within 20 questions.
Guess the Word
One player traces a short word on a body part of the person sitting next to them, such as on an arm, using only their finger, and that player must guess what the word is.
The Alphabet Game
Each player competes to find every letter of the alphabet using only road signs and billboards. However, they must find the letters in order. For example, a player can’t look for the letter ”b” until they’ve found the letter ”a”. Players looking for the same letter also cannot use the same sign. For example, if both players need the letter “x”, and both see a sign that says “exit”, only the player who saw the sign first can move onto the next letter, while the other player must wait for another “x”. The first player to spot every letter of the alphabet wins.
License Plate Abbreviations
Players use their imagination to come up with ideas of what the random letters on license plates they pass stand for. For example, a license plate that has “LEP” on it might stand for “Let’s eat pizza”. Whichever player comes up with the silliest or best answer wins.
Alphabet Categories
Players agree on a category (ex: food, animals, cartoon characters, etc.) and then take turns coming up with one answer for each letter of the alphabet that fits that category. For example, if the category is animals, answers might be antelope, baboon, cat, and so on.
The Picnic Game
Players take turns describing what food items they are bringing to a picnic, with each player adding one additional item. Each item must start with the next letter of the alphabet. The goal is to remember the entire list, starting from the first item, until you reach the end of the alphabet. For example, the first player must remember “apples”, the second player must remember “apples and bananas”, the third player must remember “apples, bananas, and cake”, and so on.
A, My Name is Anne
Players take turns moving through the alphabet and filling in the phrases, “My name is”, “I come from”, and “I have a suitcase full of” with words that start with that each letter of the alphabet. For example, the first player might say, “My name is Arnold, I come from Alaska, and I have a suitcase full of apples,” while the second player might say, “My name is Beth, I come from Brazil, and I have a suitcase full of bananas.”
Team Storytelling
Players take turns telling a story, one sentence at a time and one sentence per person until every player has had a turn. Then it’s the first player’s turn again. Players have to use their imagination when other players start to steer the story in new directions.
The Counting Game
The first player starts the game by saying “one,” and then another player must say “two” and another “three” and so on until they reach twenty. However, players can respond in any order but if two players respond at the same time, the game must start over at one. The game also starts over if more than five seconds go by without anyone responding.
If you are looking for more ways to keep your kids entertained in the car, check out our free downloadable activity book! We’ve put together several fun activities to keep your kids entertained on your next car trip, including:
Before your trip, simply download this book and print it out.
Car accidents have the potential to be devastating, especially when they leave you or a loved one injured. If you or someone you love have recently been involved in a car accident that wasn’t your fault, you need to call the team at Dudley DeBosier Injury Lawyers. We know what it takes to make insurance companies back down when they try to reduce or deny claims of injury victims. And when you call us, your consultation is always free.
by Dudley DeBosier | December 16th, 2019
Louisiana may not see snow as consistently each winter as other states do, but one thing we do see an awful lot of is car commercials advertising winter sales events. While a brand-new car is a gift many of us would be thrilled to give to our loved ones this holiday season, it’s usually not in the budget. However, it’s not unusual to give an older car to a loved one who needs it, any time of year.
If you are considering gifting a vehicle to a friend or family member, here’s what you need to know.
This is the most important question you need to ask before deciding to gift someone a car. If the person you want to give the car to only needs help getting the money together for the purchase, then that’s great! It will be a gift they will surely appreciate. However, if the person you want to give the car to is not in a good financial place to afford monthly insurance payments or gas, then buying them a car may do more harm than good.
If you are planning to gift someone a car you currently own, you need to locate the title. If you are still making payments, then the loan company will have the title and you will need to pay off the loan before receiving it.
If you purchased your car outright or finished paying off your loan and can’t locate the title, you can request a duplicate copy from your local OMV, although you will need to pay a replacement fee.
The person gifting the car will need to fill out the seller’s portion of the transfer section on the back of the title, and the person receiving the gifted car will need to fill out the buyer’s portion. In the field where it asks for the sales price, you may simply fill in “gift.” In Louisiana, you will also need to:
If you are buying either a new or used car to gift to someone, you will have four main options.
Make sure the person you are gifting the car to purchases auto insurance. They will not be able to legally drive or register the car in their name without showing proof of insurance.
Title-transfer requirements can vary from state to state. If you are unsure whether to follow the requirements for Louisiana or for the state the person you wish to give the car to lives in, always follow the rules of the state the car will be registered in.
In the majority of cases, gifting a car will not affect your taxes for better or worse.
Unless you are gifting a car to a charity or religious organization, you will not be able to get a tax deduction for gifting your car. You may be charged taxes on large gifts, but this federal “gift tax” only applies if the value of the car you want to gift is more than $15,000. If the car is worth more than $15,000, the giver will be required to pay gift tax and the recipient may be required to pay a tax on the gifted car.
If you or a loved one have been injured in a car accident that totaled your car and left you unable to work, you shouldn’t need to depend on the goodwill of others to help you get back on your feet. Our team of Louisiana car accident attorneys help injury victims get the money they need after car accidents caused by others’ negligence, and we aren’t afraid to take your claim to court if the insurance companies try to reduce your benefits or deny you compensation. Call today for a free consultation.
by Dudley DeBosier | November 18th, 2019
Whether traveling for business or pleasure, wanting to impress, or to test out a new car before making a purchase, people all across Louisiana rent cars for many reasons. But there are few situations more nerve-wracking than being involved in a car accident in a rental car, especially when it wasn’t your fault. And unfortunately, getting compensation after an accident in a rental car can be far more complicated than in a car you own.
In any collision, the at-fault party should have a liability policy which provides coverage for injuries caused by the accident. However, the rental agreement you signed means you are still responsible for any and all damage to the rental vehicle while it’s in your care, even if the damage was not your fault.
What does this mean? You will likely be required to pay your insurance deductible directly to the rental company, and you may even be charged for the cost of damage and be required to seek reimbursement from the insurance company afterward.
Furthermore, you will likely need to pay “loss of use” fees to cover the rental company’s loss of profit while the rental vehicle is being repaired. Your insurance may include loss of use coverage, but if the policy limits are below the rental vehicle’s going rate, you will be required to make up the difference.
The first steps to take after any accident in a rental car remain the same as in any car accident:
However, there are two additional steps to take care of in a rental accident. First, notify your rental company. Secondly, because you may need to seek compensation for your expenses from multiple insurance companies, we suggest hiring a lawyer to help you file the paperwork and negotiate on your behalf if you’ve been injured.
There are three main sources of insurance coverage available for rental car accident claims:
Most major car rental companies will offer these four types of coverage for purchase when you rent a car:
Federal law protects rental companies from liability when someone is injured in an accident involving a rental car, unless the victim can prove the rental company was negligent in putting the car on the road or in renting to the at-fault driver. In most cases, if the other driver does not have liability insurance, you may need to seek compensation from your own insurance company to cover your medical expenses.
If you’ve been in a car accident and don’t know how to get compensation for your expenses, we want to help. Our team of experienced Louisiana car accident lawyers is skilled at negotiating with the insurance company to get you compensation for your injuries and lost wages after an accident caused by someone else’s negligence. Contact us today for a free consultation.
by Dudley DeBosier | November 4th, 2019
The days are getting shorter, leaves are starting to fall, and the race for the playoffs is fully underway. Yes, football season is in full swing, and with it comes tailgates with friends, family, and fellow fans. Tailgating is a great way to spend time with those you love and meet new people, but it’s not without its share of dangers.
At Dudley DeBosier, we love everything about tailgating—in fact, we even host our own! But we also know that tailgating should be done properly and safely to prevent guests and bystanders from suffering serious injuries.
As Louisiana personal injury lawyers, we know what can go wrong at tailgates, and that’s why we’re dedicated to being as safe as possible whenever we watch the Saints or the Fighting Tigers play. To stay safe at your own tailgate this football season, check out the tips below in our Tailgate Safety infographic:
Accidents and injuries can happen to anyone, anywhere, and at any time. Tailgates are no exception, and in fact, they can be dangerous places when proper safety precautions aren’t taken by everyone. Unfortunately, not all tailgaters are concerned about their own safety or the safety of others, while others may be unaware of how to tailgate safely.
If you or someone you love was hurt at a tailgate because of someone else’s negligence, you may be eligible to receive compensation for your medical bills, lost wages, and pain and suffering. It’s important to call a lawyer right away after a tailgate injury, as collecting evidence and proving who was at fault are critical aspects of successful personal injury claims.
Our passion for Louisiana football is exceeded only by our passion for helping injured Louisianans. Tailgate injuries can be serious, and they can result in significant medical expenses and long periods out of work without the paychecks that you and your family depend on.
It’s important to have an experienced law firm on your side that knows what you’re going through and has the resources and dedication to help you. At Dudley DeBosier, our Baton Rouge personal injury lawyers can collect evidence that proves the other party’s negligence caused your injuries, and fight to get you maximum compensation.
Contact us today for a free consultation. From the moment you call us, we’ll be there to answer your We’ll be here to answer your questions and address your concerns. That’s the Dudley DeBosier Difference.
by Dudley DeBosier | October 21st, 2019
Auto accidents affect victims in many ways. In addition to causing serious injuries, they can also lead to psychological issues that are difficult to treat or even diagnose. The physical and mental complications associated with the aftermath of auto accidents can often be attributed to shock. Physical shock can manifest itself through various symptoms, and it can be life-threatening. Psychological shock can be apparent immediately after a crash, or it may take time to show up, but in either case it can severely interfere with victims’ lives.
If you or someone you love was injured in an auto accident, it’s important to have an experienced legal team on your side that knows what you’re going through, including the effects that both types of shock can have on your life. Insurance companies don’t always fully understand the impact that crashes can have on victims, and that is often reflected in the settlements they offer.
At Dudley DeBosier, our Louisiana auto accident attorneys have helped many victims who experienced shock-related symptoms after crashes that weren’t their fault, and we want to put our track record of success to work for you, too. We treat our clients like family—not like numbers—and we do everything in our power to help them get the money they deserve. That’s the Dudley DeBosier Difference.
When you call us, we’ll investigate your crash, prove it wasn’t your fault, calculate how much money you’re owed for your accident-related expenses––including psychological trauma, and negotiate to get you maximum compensation. Contact us today for a free consultation.
The most common type of post-accident shock is hypovolemic shock. It occurs when victims experience significant drops in blood pressure. It’s often associated with severe or rapid blood loss caused by cuts, wounds, and internal organ or arterial damage. It also can occur after incurring severe burns.
When people experience hypovolemic shock due to low blood volume or low blood pressure, their hearts struggle to pump sufficient blood throughout their bodies. That can result in organs failing to operate properly. If shock is severe enough, victims can even experience life-threatening complications.
Commons symptoms of hypovolemic shock include:
Hypovolemic shock is a medical emergency that needs immediate treatment. First responders frequently check auto accident victims for hypovolemic shock, especially if they have open wounds. However, internal injuries can also result in hypovolemic shock due to internal bleeding. Unfortunately, victims aren’t always aware of internal injuries until symptoms become evident.
Other types of auto accident-related shock include neurogenic shock, which can be caused by spinal cord injuries; cardiogenic shock, which can be caused by damage to the heart, such as a heart attack induced by a car accident; and obstructive shock, which can be caused by blood flow blockages.
If you believe you’re experiencing symptoms of physical shock, it’s important to get medical treatment right away. Physical shock may take time to manifest, but by the time it does, you may be at risk of severe complications.
In addition, you should also contact an experienced auto accident law firm. In addition to the pain and disability caused by your injuries, physical shock can lead to long-lasting physical complications that can result in expensive medical bills and time away from work. Our Louisiana car accident lawyers can evaluate your accident, determine how it affected you, and work hard to help you get the money you deserve for past and future medical expenses related to your accident.
Many people associated post-traumatic stress disorder (PTSD) with combat veterans. However, it’s a common condition that can occur after extremely stressful events, including auto accidents. PTSD is strongly associated with crashes, including those that don’t cause serious injuries.
Victims who experience PTSD may develop the following symptoms:
The consequences of psychological shock can be just as debilitating as those caused by physical injuries. Victims may experience difficulties in their daily lives, and they may find it difficult or impossible to concentrate at work or do their jobs. That can result in termination and long periods without income.
Because psychological shock can be just as disruptive to your life as physical injuries and shock, it’s vital to have a legal advocate on your side who can maximize your chances of getting compensation.
When you call Dudley DeBosier, we’ll determine how your auto accident has affected your ability to work and enjoy life, and we’ll calculate exactly how much money you’re owed for the pain and suffering you’ve experienced. Then, we’ll negotiate with the insurance company to get a settlement offer that’s fair for what you’ve been through.
Don’t go it alone after an auto accident that wasn’t your fault, and don’t trust just anyone with your financial recovery. Get in touch with us today, and let us put our experience to work.
by Dudley DeBosier | October 14th, 2019
Many teens count down the days until their 16th birthday, as that’s the youngest age to apply for and receive a driver’s license in Louisiana and throughout the U.S. Getting a driver’s license is a significant milestone in many people’s lives, as it grants them newfound independence and represents a major step towards maturity and adulthood.
But getting a driver license isn’t an automatic process just because someone turned 16. First, drivers must acquire a learner’s permit, which they’re first eligible to do at age 15 in Louisiana. Then, they must hold a permit for at least 180 days and complete the require amount of supervised driving. Finally, they must pass a road skills test at their local Office of Motor Vehicles location.
Both the written knowledge test for receiving a learner’s permit and the road skills test for receiving a driver license can be difficult to pass, and many first-time applicants fail. However, while applicants can take the test multiple times until they pass, once they do, they never have to take the test again, provided their licenses don’t expire and remain in good standing.
Whether you passed your driving exams decades ago or last week, there are almost certainly a few things about Louisiana’s traffic laws and driving requirements that you may be unaware of. And while most of those knowledge tidbits aren’t information you need every day, knowing them can make a big difference in your overall safety.
Ready to find out where you stand in your overall driving knowledge? Click on the quiz below to get started!
Improving your driving skills can be as simple as requesting a copy of the Louisiana Driver’s Handbook and taking a few hours to brush up on facts you may have forgotten. Enrolling in a local safe driving course can also help you significantly improve your confidence and safety behind the wheel.
How did you do? Whether you aced the quiz or got a score you’d rather soon forget, it’s important to know that learning, refining, and retaining driving skills and knowledge are lifelong pursuits—especially since traffic laws are subject to change due to new legislation every year.
Almost everyone knows the dangers associated with unfortunately common driving behaviors, such as speeding, texting while driving, and driving under the influence. But there are many other traffic laws and vehicle regulations that drivers must follow to both avoid tickets and to reduce their risks of being involved in crashes.
Louisiana traffic laws are wide-reaching and cover a huge variety of situations and scenarios that can occur on roads, including U-turns, one-way streets, four-way stops, driving near buses, driving through school zones, and more. Knowing basic traffic laws can help you get around safely most of the time, but any gaps in your knowledge can put you, your passengers, and other people on the road in dangerous situations.
Ignorance of the law is never an excuse when it comes to harming others or their property, and that includes auto accidents. If you were hurt in a crash that was caused by a negligent or careless driver, whether they were speeding, texting, impaired, or failed to follow Louisiana’s traffic laws in any way, you may be eligible for compensation for your medical bills, lost wages, and other accident-related expenses.
The Louisiana auto accident attorneys Dudley DeBosier Injury Lawyers want to help you get the compensation you deserve. From the day you contact us, we’ll treat you the way you deserve to be treated during this difficult time. Our clients are like family to us—not numbers and dollar figures—and we’ll do everything we can to maximize your chances of getting paid. That’s the Dudley DeBosier Difference. Contact us today for a free consultation.
by Dudley DeBosier | October 7th, 2019
October means cold weather is sweeping in, and with it, the trees begin to change colors. Louisiana has some beautiful fall foliage, but to see it at its best means getting out of the city and heading out to the woods and state parks.
When you will see “peak” color will vary depending on where you are in the U.S., with northern states seeing colorful leaves in late September to mid-October, while Southern states usually don’t get brilliant color until mid-October through early November. But weather conditions can also change when peak color hits, so if you are planning on taking a trip to see the fall foliage this year, make sure to call ahead to your destination to ask about color conditions.
Louisiana isn’t the only place in the U.S. with beautiful fall foliage. We’ve put together a list of some of the best places to see autumn colors this year.
Roadtripping is a proud American pastime, but that doesn’t mean it’s something you should take carelessly. Before you hit the road this fall, make sure to go over each item on our roadtrip safety checklist to see what you might need before leaving home.
At Dudley DeBosier, we know traffic accidents. And when you get in an accident caused by someone else’s negligence, we’ll give your case the attention it deserves, whether it happened on a fall road trip or simply on your way to work. We care about our clients, and we want to help your life get back to as close to normal as possible after an accident: that’s the Dudley DeBosier Difference.
Our phone lines are open 24/7/365, so don’t hesitate to call when you need help after a car accident. Your consultation is always free.
by Dudley DeBosier | September 16th, 2019
Join us in celebrating National Child Passenger Safety Week as we learn more about the proper use of child car seats to protect kids from harm in car accidents. National Child Passenger Safety Week 2019 kicks off on September 15 and ends on September 21, which coincides with National Seat Check Saturday.
It’s important to familiarize yourself with car seat laws and regulations, because they may have changed since you first learned them. Louisiana just passed a new, stricter set of car seat laws that went into effect August 1st, 2019.
If you want to learn more about car seat safety in Louisiana, open our presentation below.
by Dudley DeBosier | September 4th, 2019
If you have a college-aged child, you’re probably worried about their grades, their tuition fees, and their safety—especially if they go to school far from home. You may feel like you’re helpless to keep them safe, but one of the biggest risks that college students face can be reduced with parental involvement.
That risk is drunk driving. The Centers for Disease Control and Prevention says that impaired driving impacts young people more than any other age group, and nearly 10,500 people died in alcohol-related crashes in 2016 alone. That accounts for almost 30% of all fatal accidents in the U.S. that year.
Even if you think your child doesn’t listen to you, studies show that positive reinforcement from parents can help reduce dangerous behaviors in children, regardless of their age. Remaining consistent and persistent with these safety-oriented steps can help your child stay safe during this important stage in their life:
Were you or your child hurt in an auto accident? If so, our Louisiana car accident lawyers want to help. We have years of experience assisting injured victims after crashes, and we know what it takes to win. Contact us today for a free consultation.
by Dudley DeBosier | August 21st, 2019
According to the Federal Motor Carrier Safety Administration, big trucks were involved in 107,000 injury-causing accidents and 4,657 fatal accidents in 2017 alone. Because of their weight and size, semi-trucks can cause significant damage to other vehicles during collisions, putting the occupants of those vehicles at risk of serious and even life-threatening injuries.
At Dudley DeBosier, we know how dangerous big trucks can be to other motorists. If you or someone you love was injured in an accident involving a tractor trailer, it’s important to get experienced and dedicated legal representation on your side. Big truck accident claims can be difficult to prove, and insurance companies often put up a fight when victims pursue compensation.
You’ve got enough to deal with after your truck accident. We’re here to protect your rights and help you get the money you deserve while you focus on getting better. Call or contact us online today for a free consultation.
Getting a lawyer and pursuing damages after an accident can seem intimidating. You may be worried about how you’ll prove the accident wasn’t your fault, how much money you can get, and whether you’ll have to go to court.
Our Louisiana truck accident lawyers are here to take the stress of the accident and your compensation claim off your shoulders. We’ll put our experience to work for you in the following ways:
From the day you contact us until the day you get your check, you can count on our legal team to treat you like family. We know that you’ve gone through a traumatic experience, and we also know that you deserve experienced and understanding legal representation. That’s the Dudley DeBosier Difference. Contact us today.
by Dudley DeBosier | August 7th, 2019
Looking away from the road to mess with the radio dial or to try to find the perfect song on your playlist is a form of distracted driving and one of the leading causes of car accidents, but did you know one study has suggested that just listening to music without looking at the audio source is distracting enough to affect your driving performance? There have been several studies conducted attempting to measure the effect of music on drivers, and the results may surprise you.
Listening to music you like is a major mood-booster! When you are stuck in traffic, a good tune can reduce stress and aggression, and at the same time, reduce traffic errors and road rage.
Listening to music is also shown to elevate your heartrate and keep you awake and entertained on long trips, decreasing the risk of accidents caused by drowsy driving. Some studies have even shown listening to music can actually improve a driver’s ability to perform some driving tasks, such as matching the speed of the vehicle ahead and staying within lane markers.
If you can’t find music you enjoy anywhere up or down the radio dial, it can actually increase your stress levels, which has a negative effect on driving behavior. But music you love can also cause bad driving behavior, especially for younger and less experienced drivers. You may start to pay more attention to the song than the road, and begin making simple errors that can result in devastating consequences, such as forgetting to signal or check blind spots.
Fast music and loud music are also shown to have a negative impact on driving behavior. Drivers may subconsciously speed up to match the tempo of a song, while loud music is shown to reduce reaction time. Any music played at over 85 decibels can influence driver behavior for the worse.
In general, music with a tempo of 60-80 beats per minute (BPM) is the safest to drive to, because it mimics the average human heart rate. Music with a tempo of 120 BPM or more can result in faster driving speeds and more traffic violations.
Researchers have suggested jazz, soft rock, and easy listening are the best options to listen to while driving, but if those aren’t your speed, we’ve created a Safe Driving Playlist for your next commute. Interested in how the songs on the Billboard Hot 100 scan? We’ve also charted out the top five safest and most dangerous on the radio now.
Today’s Hits – Top 5 Safest Songs to Drive To
Today’s Hits – Top 5 Most Dangerous Songs to Drive To
If you’ve been injured in a car accident where you were not at fault, we want to help. Regardless of what music was playing, you deserve compensation. Contact Dudley DeBosier today for your free consultation.
by Dudley DeBosier | July 17th, 2019
If you’ve ever hopped on an electric scooter for a quick trip, you know how fun and convenient they can be. Scooters also help decrease traffic congestion, making it easier for drivers to get to their destinations on time. But sharing the road can be a dangerous prospect for scooter riders, as even low-speed collisions can result in dangerous injuries. Help make Louisiana roads safer for everyone by following these simple tips.
by Dudley DeBosier | June 12th, 2019
After a car crash, the most important thing you can do to protect your health and your rights to compensation is get medical attention. Even if you don’t think you have injuries, it’s important to still get evaluated by a first responder at the scene of the accident or at your doctor’s office after the crash. Getting medical attention can address any serious injuries immediately, as well as rule out any internal injuries that might show up later on. It also creates a medical record that links your injuries to the car accident.
But even after you get initial medical help, you may be facing weeks—or even months—away from work, and you may not know what to do next. At Dudley DeBosier, we don’t think you should have to pay out of pocket for injuries caused by another person’s negligence, and we’re ready to help you get the compensation you deserve to move forward with your life. Read on to find out what happens when Louisiana car accident victims come to us for help.
When you contact the Louisiana car accident attorneys at Dudley DeBosier, we’ll listen to your story to learn more about your claim. If we decide to take your case, we’ll start collecting and analyzing evidence, such as photos from the accident scene, witness testimonies, and police reports, to support your claim and determine who can be held responsible for your injuries.
It’s our goal to help you get every penny you deserve for what you’ve been through. That’s why our legal team calculates the total cost of your injury-related expenses, including your current and future medical bills, current and future lost wages, and pain and suffering, to determine a fair settlement offer. We then present that offer to the responsible party’s insurance company. If they refuse to pay you the money you deserve, we won’t hesitate to take your case to trial.
If you or someone you love suffered injuries in an auto accident caused by another driver’s negligence, the Louisiana car crash attorneys at Dudley DeBosier are here to help. We put our clients first throughout every step of their injury claims, and it’s our goal to help you get maximum compensation for what you’ve been through. Contact us today for a free case review, and let us put our passion and experience to work for you today.
by Dudley DeBosier | May 22nd, 2019
Memorial Day weekend marks the unofficial start of summer, and according to AAA, it’s also one of the busiest times to be on the road. 36.6 million people traveled by car during Memorial Day weekend in 2018—nearly five percent more than in 2017. But with more travelers on the road, the risk of being involved in an auto accident increases.
Whether you’re heading out for a weekend getaway or driving across town to celebrate with family and friends, reduce your accident risk this Memorial Day weekend by following these five tips.
We hope you have a safe and happy Memorial Day!
Sources: ValuePenguin, NHTSA, AAA NewsRoom
by Dudley DeBosier | May 8th, 2019
When you hear a siren coming from behind or see flashing lights up ahead, it’s second nature to slow down, move over, and make way for emergency responders. But did you know that moving over for those vehicles is a state law?
While this is common knowledge to many, the National Highway Traffic Safety Administration (NHTSA) recently reported that multiple states have seen an increase in drivers crashing into emergency responders stopped on the side of the road. In response, the NHTSA is urging drivers to review their states’ “Move Over” laws.
Next time you see an emergency vehicle on the side of the road, follow these steps to help keep yourself and emergency responders safe:
If traffic conditions don’t allow you to safely move over or change lanes, decrease your speed. Louisiana law 32.125 explains these procedures in more detail. Familiarize yourself with this protocol to keep yourself, emergency responders, and others on the road safe.
At Dudley DeBosier, we know that even the safest drivers can’t prevent someone else’s negligence. If you were injured in a car accident, our Louisiana car accident attorneys are here for you. It’s our goal to help you get maximum compensation for your medical expenses, lost wages, and pain and suffering. Contact us today for a free, no-obligation consultation.
by Dudley DeBosier | April 24th, 2019
Sending and reading text messages is one of the most dangerous things you can do when you’re behind the wheel of your vehicle.
The Centers for Disease Control and Prevention says that around nine people are killed and another 1,000 are injured every day in the U.S. due to distracted drivers. Although young drivers are the most likely to text while driving of all age groups, it’s a problem that affects all demographics—and it puts everyone on Louisiana’s roadways at risk.
Anything that distracts drivers can increase their risks of being involved in accidents, but texting while driving is uniquely dangerous because it involves all three types of distractions:
To reduce your risks, activate your phone’s “driving mode.” You’ll still receive text messages, but you won’t receive alerts until you’ve reached your destination.
While you can do everything in your power to decrease your own risks of causing a crash, you can’t control the behaviors of other drivers. However, you can pursue compensation after an accident that wasn’t your fault—especially if the other driver was distracted.
Contact the Baton Rouge auto accident attorneys at Dudley DeBosier Injury Lawyers today for a free consultation. We’re here to help.
by Dudley DeBosier | April 10th, 2019
Auto accidents can be expensive, but filing claims against the other drivers’ insurance policies can help injured victims recover compensation for their medical bills and lost wages. However, that option isn’t always available right away for victims of hit-and-run accidents—especially when the at-fault drivers can’t be tracked down or identified.
If you were recently the victim of a hit-and-run accident, you may feel like you’re out of luck when it comes to filing a compensation claim. However, there are still a few options available to you when it comes to recovering money for the damages you’ve incurred.
Wondering what to do after your hit-and-run accident? Following these important steps can help you protect your health and your rights to compensation:
We don’t think you should have to go it alone after a crash, and it’s our goal to help you get the compensation you deserve. Contact a Louisiana car accident lawyer at Dudley DeBosier today, and let us get to work for you.
by Dudley DeBosier | April 4th, 2019
by Dudley DeBosier | March 20th, 2019
Speeding, driving while distracted, and driving while intoxicated are well known as some of the most common causes of auto accidents. But sleep-deprivation—a condition that affects millions of Americans—may be just as dangerous as those behaviors.
Drowsy drivers experience many of the same symptoms as drivers who are intoxicated or impaired due to alcohol, drugs, or certain medications. Symptoms may include:
Because drowsy driving is so dangerous, the Federal Motor Carrier Safety Administration (FMCSA) restricts the number of hours truck drivers can be behind the wheel without time off to rest and sleep. But because there are no laws against drowsy driving for non-truck drivers, any of the estimated 70 million Americans who suffer from sleep deprivation may be drowsy at any given time behind the wheel.
The Centers for Disease Control and Prevention (CDC) says that around one in 25 adult drivers has fallen asleep behind the wheel in the previous 30 days. The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving caused 72,000 accidents, 44,000 injuries, and anywhere from 800 to 6,000 auto accident-related deaths in 2013.
People with obstructive sleep disorders, including sleep apnea, and people who get fewer than six hours of sleep per night are most at risk for drowsy driving-related accidents. To reduce your risks, practice good sleep hygiene. That means going to bed earlier at night, avoiding alcohol and electronic device usage before sleeping, and waking up at the same time every day.
Ultimately, drivers are responsible for remaining alert, cautious, and safety-oriented when they’re behind the wheel. When they fail to do that and cause accidents, they can be held responsible for victims’ injuries and accident-related expenses.
If you or someone you love was hurt by a negligent driver, the Louisiana car accident attorneys at Dudley DeBosier are here to help. Call today for a free consultation.
by Dudley DeBosier | March 11th, 2019
by Dudley DeBosier | February 26th, 2019
Riding a motorcycle carries many inherent risks. That’s because motorcycles have no built-in safety equipment. When riders are involved in crashes, their helmets and riding gear are the only things that protect them.
Because of the dangers that motorcyclists face, it’s important for both riders and other drivers to be considerate, cautious, and safety-oriented on Louisiana’s roadways. Unfortunately, dangerous driving habits are common throughout the state. That fact, combined with the fact that drivers aren’t always on the lookout for people traveling on two wheels, means that motorcyclists face significant risks every time they ride.
Most motorcyclists are safety-conscious and take all of the necessary steps to protect themselves. But negligent and careless drivers can cause serious crashes in a split second. A few common causes of negligence-related motorcycle crashes include:
Other drivers aren’t always the ones at fault. Sometimes, governmental entities can even be held liable for crashes, especially when they know about but fail to address dangerous conditions on roadways such as potholes, debris, or broken asphalt.
At Dudley DeBosier, our Louisiana motorcycle accident lawyers know that motorcyclists often suffer severe and debilitating injuries in crashes. If you or someone you love was hurt on a motorcycle, we’re here to help. Call today for a free consultation.
by Dudley DeBosier | February 19th, 2019
After a spike in fatal accidents involving passenger vehicles and trains in 2016, the Louisiana Highway Safety Commission began re-emphasizing the dangers associated with railroad crossings and the need for drivers to make smarter decisions when approaching them. In 2017, Louisiana ranked seventh among all states for total number of train collisions, which included six deaths and 31 injuries.
Although railroad crossings are equipped with many safety features, including alarm bells, flashing lights, and barrier arms, drivers still face risks when they drive near or over train tracks. To protect yourself and your loved ones when driving near railroad crossings, it’s important to follow these tips:
At Dudley DeBosier, we’re proud to help victims of all types of motor vehicle accidents. Whether you were injured in a train collision or a motorcycle accident because of another person’s or parties’ negligence, we’re here for you. Call us today for a free consultation.
by Dudley DeBosier | January 16th, 2019
Studies show that most auto accidents are caused by driver error. In fact, around 90 percent of crashes can be attributed to things like speeding, following too closely, distracted driving, inexperience, and driving while impaired. But what about the remaining percentage of crashes?
An often-overlooked cause of crashes is the roads, streets, highways, and interstates we travel on every day. It’s easy to take the safety and reliability of roadways for granted, but they must be designed properly and they also require constant monitoring and frequent maintenance to be safe for all types of vehicles.
Federal, state, and local governments are in charge of roads in Louisiana, and when they fail to keep them free from hazards, these parties can be held liable when crashes occur.
Some of the tasks that government departments and agencies are required to perform to keep roads safe for drivers include:
If you or someone you love was hurt in a crash that was caused by poor road conditions, you may be eligible to file a claim against the governmental body that was supposed to make it safe for you and other drivers. Call Dudley DeBosier today to find out how we can help.
by Dudley DeBosier | December 19th, 2018
After a car accident injury, you have two choices: pursue an injury claim yourself with the insurance company or hire a personal injury attorney to handle the injury claim on your behalf. If you handle the claim yourself, the insurance company will most likely provide a quick settlement offer for you to sign. But things aren’t always what they seem. The amount of compensation they offer to provide may seem large—until you discover the true cost of your injuries.
If you hire an attorney to handle your claim, you’ll probably hear them mention the “discovery” phase of your claim if a lawsuit is filed. During this step, both sides (you and your attorney and the other driver and their attorney) complete the following 3 steps:
The information shared during the discovery phase can provide an experienced car accident attorney with the information necessary to determine a fair value for your case. Think of it this way: you can either take the insurance company’s word at face value, or you can rely on the facts of the case to help determine what your case is actually worth.
At Dudley DeBosier the choice is easy, and access to the evidence allows us to fight for the best interests of our clients every day.
We know the discovery phase of a car accident lawsuit may seem scary or intimidating—especially while you’re recovering from an injury. That’s why we do everything we can to make the process as painless as possible for the clients we help. Our Louisiana attorneys handle car accident cases every day, and we’re here to provide the guidance you deserve every step of the way. So don’t wait if you need help after a car accident—contact us now for a free case review.
by Dudley DeBosier | December 12th, 2018
The weeks between Thanksgiving and New Year’s Day are filled with opportunities to get together with family and friends, and many of those festivities can involve alcohol. In fact, 16% of adults admit that they drink more than usual during the holiday season*, which means an increased risk of driving under the influence or sharing the road with intoxicated drivers.
At Dudley DeBosier Injury Lawyers, our commitment to safety doesn’t stop within the courtroom. That’s why our team urges you and your loved ones to arrange a safe ride home after any event where you choose to drink.
In fact, during recent years, we’ve provided thousands of Uber discount codes for free rides home after sporting events and during holidays where drinking is common. Want to learn more? Follow us on Facebook to stay up to date on our latest community efforts or fill out the Get Updates form at the bottom of our website to receive email updates from Dudley DeBosier.
Our injury attorneys know the devastating effects of car accidents caused by drunk driving, and it’s our goal to help spread awareness of DUI accident dangers in Louisiana. We also know that injuries caused by negligence can happen anytime—even over the holidays. We’re here if you need us—just contact our 24/7 legal team to get the help you deserve.
From everyone here at Dudley DeBosier, we wish you and your loved ones a safe and happy holiday season!
*Source: Harris Interactive Survey for Caron Treatment Centers
by Dudley DeBosier | November 22nd, 2018
Auto insurance coverage is supposed to help you cover the costs of your medical treatment and injury-related expenses after a car accident caused by someone else. Unfortunately for many injured drivers, passengers, and pedestrians, this situation can get complicated fast. That’s because every car accident is different—including the ways that injuries can affect the lives of those involved.
After all, a broken bone requiring surgery that leaves a medical technician out of work for a month is certainly a different scenario than a welder who faces a lifetime of back pain. So, how do insurance companies decide how much each case is worth?
Insurance adjusters aren’t always transparent about the methods they use to determine case value, but one fact is clear: insurance companies are businesses designed to maximize their profits. This means paying out less than they take in, and they can accomplish this in one simple way: making quick settlement offers to victims who don’t know the true value of their case.
Here’s an example: A car accident victim suffers back pain after a rear-end collision. An insurance adjuster reaches out to chat with the victim and begin the claims process. After investigators determine both parties are partially at fault, a $15,000 settlement offer is presented to the victim in question, just weeks after the crash. The victim accepts, and by doing so, signs away their rights to pursue the any further compensation.
$15,000 covers the medical bills up to the date of the settlement and leaves a few thousand extra—not too bad, right? Not so fast. Consider this:
Unfortunately for many injury victims who go without a lawyer, the complications that follow the accident in the months and years to come can be devastating.
As injury lawyers, it’s our job to think ten steps ahead to ensure the clients we help have access to the resources they need to get their lives back. This means calculating past, current, and future wage loss, the full cost of their treatment over time, and the toll that pain and suffering may inflict on their daily life. And in many cases, the results we achieve are significantly higher than the initial offer from the insurance company.
Don’t sign away your rights and let an insurance company profit from one of the most difficult times in your life. Contact Dudley DeBosier today, and let us work one-on-one with you to help determine the true value of your case. , Our goal is clear every step of the way—we want to change the way people think about attorneys, one relationship at a time.
by Dudley DeBosier | November 1st, 2018
A telltale sign that fall is in full swing is the end of Daylight Saving Time. And at 2 a.m. local time on November 4, we’ll turn our clocks back an hour. But before you celebrate an extra hour of sleep, you should know the driving safety risks that come with the end of Daylight Saving Time.
Statistics show that the likelihood of a car crash increases around the autumn time change. Knowing the reasons why can help you avoid potential dangers and stay safe on the road!
At Dudley DeBosier, it’s our goal to make the community we serve a better, safer place to live—because we want to change the way people think about attorneys, one relationship at a time. If you need help after a Louisiana car accident, the attorneys at Dudley DeBosier want to help. Contact us today—the case review is free, and there is no cost or obligation to get started.
by Dudley DeBosier | September 26th, 2018
As Louisiana car accident lawyers, we often recommend that people who are hurt in crashes caused by others should pursue compensation claims for their accident-related expenses. After all, why should victims pay out of pocket for medical bills and lost wages when they didn’t cause their own accidents?
However, many auto accident victims are hesitant to pursue claims if they were hurt in crashes caused by friends or family members. No matter who caused the accident, the facts remain the same if you were hurt: you have expensive medical bills piling up and you may be too hurt to go back to work.
It’s important to remember that filing a compensation claim “against” your friend or family member isn’t a personal issue, and it’s not designed to “punish” him or her. Auto accident claims are generally designed to recoup crash-related expenses from insurance companies—not from the pockets of the people responsible for accidents.
Auto accident claims are business as usual for most insurance companies. When there’s enough evidence to prove that policyholders were at fault for injury-causing crashes, most insurance companies offer fair settlements—especially when victims have lawyers on their sides. That means the process is often over in a matter of months with no trial and no courtroom visits.
You won’t be pitted against your friend or family member, and you won’t be taking money out of his or her pocket when you file a compensation claim. Instead, you’ll get the money you need for your medical bills, lost wages, and other accident-related expenses from the legally required insurance policy of the person who caused the crash.
Let the Louisiana auto accident attorneys at Dudley DeBosier help you with this sensitive matter. Call today for a free consultation.
by Dudley DeBosier | September 14th, 2018
In addition to having a valid driver license to legally drive a vehicle in Louisiana, you also must be covered by a valid auto insurance policy.
Uninsured or under insured drivers who cause accidents can be held personally liable for the damages they cause to other people or property, and that money often comes straight out of their pockets.
But did you know that not carrying any (or enough) auto insurance also means that you may lose out on the chance to get compensation for a crash that wasn’t your fault?
Louisiana’s No Pay, No Play statute was passed in 2011, and it means that victims of another driver’s negligence are prevented from collecting the first $15,000 of bodily injury damages and the first $25,000 of property damages if they’re uninsured or at the time of the accident.
3 Things to Know about No Pay, No Play in Louisiana
The No Pay, No Play statute is complex. Here are three things to know about it, including important exceptions:
If you have questions about this law after a car accident, contact our legal staff today. We’re here to help.
Get Insured to Ensure You’re Eligible for Compensation
At Dudley DeBosier, our Louisiana car accident lawyers fight for the rights of injured victims like you. It’s important to always get in touch with a lawyer if you were hurt or your vehicle was damaged in a crash. We’ll review the facts and help you choose your next steps.
by Dudley DeBosier | September 5th, 2018
If someone else’s negligence caused injury to you or someone you love, you can file a lawsuit to recover damages for medical bills, lost wages, and pain and suffering.
However, it’s important to note that you and your lawyer don’t have an indefinite time period to initiate the lawsuit. All jurisdictions, including Louisiana, have a “statute of limitations”—or time limit—that dictates how long victims have to file personal injury claims.
The statute of limitations for most accident and injury cases in Louisiana is one year from the date of the accident or injury occurring. That’s shorter than many other states, which may give victims two or more years to file a lawsuit.
Statutes of Limitations for Common Damages Claims
The one-year statute of limitations is true for almost all injury claims in Louisiana. It applies to all personal injury claims, including car accident claims. It also applies to wrongful death claims and medical malpractice claims.
However, because medical malpractice isn’t always obvious or noticed by victims until a significant amount of time has passed, victims can file claims up to three years after the malpractice took place—but the claims still must be filed within one year of victims discovering malpractice.
Another exception exists for injury cases involving victims under the age of 18 who were hurt by defective or dangerous products. Minors and their parents aren’t bound to the statute of limitations for filing claims for the injuries they suffered in those cases.
As you can see, understanding the statute of limitations for personal injury claims and its exceptions can be complex and confusing. If you have questions about your rights after an injury, we’re ready to help you 24 hours a day, 7 days a week. Call (866) 897-8495 to get started now.
365 Days Go Fast. Call Us Today.
Don’t jeopardize your claim by waiting too long to get compensation. A calendar year can pass in the blink of an eye, and with it goes your chances of getting the money you deserve. Contact our Louisiana injury attorneys to get the help you deserve.
by Dudley DeBosier | August 22nd, 2018
At Dudley DeBosier, our injury lawyers are very aware of the dangers motorcycle riders face in Louisiana. From distracted drivers to roadway hazards, the lack of protection offered by motorcycles can lead to severe or even fatal injuries that drivers of larger vehicles may not face.
Because our lawyers handle motorcycle injury claims every day, we want to offer one important piece of advice: wear your helmet, and make sure your passengers wear a helmet, too.
No matter how safely you ride or how experienced you are, you can’t prevent an accident caused by someone else. A helmet is your first line of protection against serious, or even fatal, injuries in the event of a crash. If you or someone you love were involved in a motorcycle accident that wasn’t your fault, call (866) 897-8495 or contact us online to get the experienced help you deserve.
by Dudley DeBosier | July 23rd, 2018
Whether a car wreck involves multiple vehicles or a single vehicle, it’s common for many people—including law enforcement officers and insurance companies—to suspect that driver error was the cause of the crash.
While studies show that around 90 percent of auto crashes are caused by drivers making mistakes behind the wheel, 10 percent of crashes are due to other factors—and those factors mean other parties may be to blame.
At Dudley DeBosier Injury Lawyers, it’s our goal to help all auto crash victims—including those who were hurt in crashes that weren’t caused by negligent drivers, but instead by negligent auto and parts manufacturers or even negligent governmental bodies.
How can other parties be held responsible for crashes?
Whether it’s a driver commuting to work, an auto manufacturer installing parts on a new line of trucks, or the government designing and building an interchange on a major interstate, all of those parties have a responsibility to uphold certain safety standards.
When a driver is negligent behind the wheel, he or she can be held liable for any accident-related expenses incurred by victims. The same should be true for big entities like billion-dollar auto manufacturers and state and federal governments.
Our lawyers handle cases involving auto manufacturers and the government the same way we handle all injury claims: we gather evidence that proves they breached their duty and we link that negligence to the damages that innocent victims suffered.
Don’t Pay Out of Pocket for an Accident That Wasn’t Your Fault
After a crash, we’ll investigate to determine if any of the following factors played a role in the accident or your injuries:
Don’t pay out of pocket for a crash that wasn’t your fault. Let our legal team investigate, gather evidence, and fight for your rights. Call us today at 225-224-8465.
by Dudley DeBosier | July 20th, 2018
After a crash, you expect the car insurance company to pick up the bill for your damages—and if your injuries aren’t your fault, it’s only right for them to provide a fair settlement offer. Yet despite the industry’s multimillion dollar advertising budgets, there’s one message that their spokespeople and mascots often neglect to mention—how much more money injury victims get from car insurance companies if they hire a lawyer.
According to a 2014 report from the Insurance Research Council, injury victims with a lawyer, on average, get 3.5 times more money than people without a lawyer.
by Dudley DeBosier | July 11th, 2018
Take it from someone who’s been in your shoes.
At Dudley DeBosier Injury Lawyers, we know that making the decision to hire a lawyer after an accident or injury isn’t always easy. And even if we tell you that we offer free case reviews and charge no fees unless our lawyers get money for you, you may still be worried about what others think.
So, what do others think? You might be surprised to find out the answer!
At Dudley DeBosier, we want to change the way people think about attorneys, one relationship at a time. That’s why we make it our goal to provide you with high-quality legal representation and excellent customer service. Call us at (866) 897-8495 to find out why so many of our clients give us 5-star reviews.
by Dudley DeBosier | June 18th, 2018
At Dudley DeBosier, our lawyers help Louisiana injury victims with car accident claims every day. Many of those car accidents fall into categories such as rear-end collisions, intersectional accidents, or lane-change crashes. Depending on the circumstances surrounding the accident, determining which driver caused the crash is not always clear—and in some cases, both parties share the blame.
So, what happens if you are partially at fault for a car crash?
Let’s say you’re involved in a lane-change crash with another car that was speeding. You changed lanes without signaling, and the other driver struck your vehicle. In this case, Louisiana’s pure comparative negligence doctrine would come into play when determining damages. That means that each driver is assigned a percentage of blame for the accident, which is then reduced from the total amount of damages you could receive.
Determining the percentage of blame for each driver relies on a full investigation of the accident, but two facts are true in car accident cases where liability is disputed:
Get a Free, No-Obligation Consultation Today
If you have questions about your rights after a car accident, even if you believe you may be partially at fault, contact Dudley DeBosier today. Our attorneys can review your claim and help determine your rights to compensation—dial 866-971-5201 now to get started. The call is free, and because we offer the No Fee Guarantee®, you won’t pay us anything unless we win money for you.
by Andrew Reynolds | May 16th, 2018
If you have been injured in a car crash due to another person’s negligence and have decided to pursue a claim for your injuries, you may not know what to expect and will probably have many questions. How long will my case take? How much is my case worth? The length and value of your case depends on several factors, so these questions can be difficult to answer since every case involves different facts and injuries. However, while each case is unique, the lifecycle of a personal injury case generally remains the same and can typically be divided into three stages: Investigative Stage, Treatment Stage, and Resolution Stage.
Investigative Stage
The Investigative Stage begins immediately after the wreck, so it is important to gather as much information as possible at the scene of the crash. If you can, you should try to do the following:
When you are able to, you should then consult with an experienced personal injury attorney as soon as possible. At Dudley DeBosier, one of our attorneys will thoroughly review and investigate your case by obtaining and reviewing the crash report, investigating insurance coverage, interviewing eyewitnesses, requesting copies of your medical records, and obtaining evidence essential to your case.
Treatment Stage
If you are hurt or experience any pain after a wreck, you should seek immediate medical treatment. Regardless of whether you intend to make a claim against another party for your injuries your health and wellbeing should be the primary concern. Even after seeking initial medical care, you may not know the extent and severity of your injuries; therefore, it is important that you continue to seek medical treatment for any ongoing symptoms.
Insurance companies will frequently try to get you to accept a quick settlement after a wreck before you even know the full nature and extent of your injuries. Imagine if your vehicle was damaged in a car wreck. Would you accept a settlement for your property damages without knowing the extent of the damages to your vehicle? Of course not. The same should go for your own body. Therefore, you should never accept a settlement offer without knowing the extent and severity of your injuries and consult with a qualified personal injury attorney.
Resolution Stage
Once your case is ready to be resolved, your attorney will attempt to settle your case with the insurance company or other responsible parties. Many times, a settlement can be negotiated before a lawsuit is filed; however, there are times when it is necessary to file a lawsuit depending on the facts and circumstances of the case. After a lawsuit is filed, the “discovery” process begins. During the discovery process, each party will have the opportunity to obtain relevant factual information from each other in order to determine their adversary’s legal claims and defenses by sending interrogatories (written questions), requesting documents, and taking depositions of the parties and relevant witnesses in the case.
Even after a lawsuit is filed, most cases are resolved before they go to trial. The parties may reach a settlement agreement through negotiations amongst themselves or by mediation, which is overseen by a neutral third-party. However, if a settlement cannot be reached, the case will go to trial and be decided by a judge or jury.
At Dudley DeBosier, our attorneys are here to help navigate you through the lifecycle of your case and make sure you get the compensation you deserve.
by Taylor Breland | March 29th, 2018
2 of the most popular questions: How long does this take and how much will I get in the end?
If you have ever been in a car crash, you understand how stressful it can be. Dealing with insurance adjusters, getting your car fixed, and seeking medical attention – it can seem very daunting. Clients seeking attorney representation often have many questions, however, there are two very common questions that are very difficult to answer. One, how long does this process take? Two, how much will I get in the end? These questions are difficult to answer because there are a lot of things that can affect the timeline of a case and how much is recovered.
It is difficult to predict how long a case will take to be resolved because there are many factors outside of the control of the client and attorney, which can affect the timeline of a case. These factors include; liability determinations, injuries, medical treatment, and insurance coverage. For example, an intersectional crash may create a dispute as to who is at fault. Sometimes in this instance, filing a lawsuit is necessary if the insurance company is denying a claim, which can take longer than resolving a case without filing a lawsuit. Also, a case where somebody has sustained broken bones that require months of therapy could take longer than a case where the injuries are not as severe, simply because some injuries require longer recovery.
Similar to predicting how long a case will take, it is almost impossible to know what a client will receive in terms of settlement amount, until the very end. Much like the timeline of a case, similar factors can impact how much a client will receive out of a settlement. For instance, a case where there is a lot of insurance coverage may allow a client to be compensated more than a case where there is a small amount of insurance coverage. Additionally, medical bills change as a client seeks treatment. It is often difficult to predict what a client’s medical treatment will include at the beginning of a case, so as a client seeks treatment and incurs bills, the amount of the settlement could change as well.
Lastly, it is important for clients and prospective clients to know that a good attorney will keep their client informed of the case and provide straightforward answers to questions. Some questions, such as the ones discussed above, may not be able to be answered. Attorneys want to set reasonable expectations for their clients so if you have these questions in mind, please understand why it may be tough to get an answer.
by Chris Keyser | March 16th, 2018
While most degenerative spine changes in middle-aged people are not symptomatic, or painful, it is generally accepted that the presence of a degenerative spine condition makes that person more vulnerable to an “aggravation” of the condition when subjected to trauma. In other words, someone with a “pre-existing condition” of degenerative spine changes who is involved in a car crash is more likely to come away with neck or back pain than would be someone with a “healthy” spine.
In Louisiana, the law provides that a person who negligently causes a crash or a dangerous condition that results in an aggravation of a pre-existing condition in the victim of the crash is responsible for the full extent of the aggravation. In the usual case, most car wreck victims have not had any diagnostic imaging, such as an MRI, of their neck or back. It is not until after the wreck, and after neck and/or back pain develop, that MRI studies are obtained. When the MRI reveals degenerative disc changes, the doctors usually find that the wreck aggravated the pre-existing condition and made it symptomatic.
As we age, our spines undergo a gradual but persistent process of degeneration. Merely walking in an upright position causes wear and tear on the spine. Everyday stresses on the spine trigger a healing process that results in bony growth around the joints of the vertebrae. The result of this process may be referred to as degeneration, arthrosis, or spondylosis. Typically, our body can accommodate these gradual changes so that they are not painful.
Studies have shown that more than half of adults between the age of 30 and 39 have degenerative changes in their spine, including disc bulges and loss of disc height, that is not associated with symptoms. That is, it is not painful. By age 60, the incidence of degenerative spine conditions is closer to 90%. If pain develops relating to the degenerative disc changes, the applicable diagnosis becomes degenerative disc disease.
The mechanism that causes this injury is that the forces on the victim’s body from the collision wakes up the condition that was not painful before the wreck and makes it painful. As a result, a person who was not in need of medical attention before the wreck is forced to get treatment to get relief from pain, soreness, stiffness, and spasm caused by the aggravation.
Fortunately, the law does not relieve a negligent driver or business owner from the responsibility of hurting someone simply because there was a pre-existing spine condition that was aggravated by the negligent actor. The innocent victim is entitled to be restored back to the condition she was in before the injury. This may take the form of past medical expenses and wage losses, future medical expenses and wage losses, and pain and suffering. Unfortunately, insurance companies tend to use the pre-existing condition as an excuse to avoid taking responsibility for the damage done by the folks they insure. Dudley DeBosier works hard to ensure that none of its clients are short-changed because of pre-existing conditions.
by Ross LeBlanc | February 20th, 2018
No one wakes up expecting to be injured in a car wreck or an accident. When something like that happens, it’s natural to feel unsure about what to do. However, one thing you should do no matter what is document everything you can regarding your wreck. Having this knowledge later will help you make an informed decision should the insurance company offer you compensation for your injuries. A few ways to keep a record of your wreck are:
Phones today come equipped with great cameras and they are useful in documenting what happened after a car crash. Remember to take photos of every vehicle involved in the crash. It is also a good idea to snap a picture of other driver’s license plate, driving license, and insurance paperwork.
If you can, take photos showing where the vehicles came to a stop after the crash. You will never have another opportunity to do this, and it may later be important for your insurance claim.
The other driver’s insurance company may be responsible for reimbursing your out-of-pocket expenses. Or, if the other party denies coverage or responsibility, your own insurance may cover your expenses. In order to be reimbursed from an insurance company, you will need records of your expenses. Examples of receipts you should keep include rental expenses, towing receipts, or money spent replacing broken personal items.
If the wreck took away your only means of transportation, or if an injury prevents you from being able to do your job, keep track of all the hours and days missed from work. It’s also a good idea to inform a supervisor, manager or human resource director at your job about your wreck and explain the reasons you cannot make it to work. And don’t forget to keep track of your recent check stubs or W-2’s to show how much you were being paid before the wreck.
Even if you are using sick time or vacation time, it is still important to track your time missed from work. And, even if you bought a disability insurance policy that pays you partial benefits, you should track your time missed from work. Knowing how much time you missed from work, and what it cost you to miss that time, will help prove how a wreck affected your life and will help to show what the insurance companies should compensate you for.
It is a great idea to write down your version of how the wreck happened, and how you felt afterward. For instance, if the wreck caused you to miss an important event, or if your injuries start to interfere with your daily activities, document what happened and how you dealt with it in a journal. When it later becomes time to tell your story, a journal will help you to remember all the important details that people normally forget over time.
by Chris Keyser | February 9th, 2018
If you have been injured and are considering hiring an attorney, you may find yourself wondering if you need an attorney and how they can help you with your case. An attorney may have many different roles depending on the size, type and complexity of their client’s case. But in every case, an attorney should provide sound legal guidance, advocate on behalf of their client, and always represent the best interests of that client.
Sound legal guidance
Represent the best interests of the client
by Alyssa Perot-Heltz | December 20th, 2017
We all would like to think that we are highly skilled drivers and that if the moment comes, we would be able to avoid a wreck using our skills and instinct. Unfortunately, that is not the case for many, if not most of us. However, maybe if we know the most common causes of wrecks, maybe we can avoid them in the future. Read below for the six most common causes of wrecks:
Click here for the original article.
by Susan Shoptaugh | November 1st, 2017
For most of us, the impact of a poor night’s sleep revolves around the loss or gain of an hours’ worth of sleep—at least that’s the only thing we think about. But research shows something else, that may surprise you.
Lack of sleep can be just as dangerous as drinking and driving, if you’re behind the wheel. According to the National Sleep Foundation’s poll, 60 percent of us are guilty of drowsy driving.
Whether you’re adjusting to daylight savings or just not feeling well rested, make sure you are driving safely and avoiding drowsy drivers.
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by Taylor Breland | May 8th, 2017
Motorcycles can provide a great sense of adventure and fun for those who ride them, however, they can also be very dangerous. May is motorcycle awareness month, and it is important to raise awareness about motorcycle safety. Being aware of motorcycle safety, statistics and laws will aide in making the roads safer for motorcyclists and others.
The Louisiana Highway Safety Commission has resources in place that aim to reduce the number of injuries and fatalities caused by motorcycle crashes. There are training courses for beginner and more advanced riders that focus on mental and physical skills, which are important when operating a motorcycle. These courses are a combination of classroom instruction and practical exercises. It is a good idea for both beginners and advanced riders to stay up to date on motorcycle safety and these resources can help. The application for the motorcycle training courses can be found at the following website: www.lahighwaysafety.org.
Motorcycle safety is crucial because each year riders are killed and seriously injured due to crashes. According to the National Highway Traffic Safety Administration, 4,976 people were killed in motorcycle crashes in 2015. This is an 8.3% increase from 2014. Also, due to the nature of riding a motorcycle versus in a passenger vehicle, motorcyclists are 29 times more likely than passenger car occupants to die in a crash per vehicle mile traveled, and almost five times more likely to be injured.
In Louisiana, any person operating a motorcycle must wear a safety helmet that is secured properly with a chin strap while the vehicle is motion. All safety helmets must consist of lining, padding, visor, and chin strap and shall meet other specifications that are established by the commissioner.
Lastly, it should go without saying, that both motorcyclists and passenger car drivers should avoid drinking and driving, and distracted driving (e.g. texting while driving). Following motorcycle laws will make the roadways safer for motorcyclist and other drivers. For a more complete set of motorcycle laws, please visit: www.americanmotorcyclist.com
by Cody Grosshart | February 15th, 2017
Under Louisiana law, a person suffering from an injury has one year from the date that the injury was sustained to file a lawsuit against the person and/or entity responsible for causing the injury. However, that does not mean that anyone should wait to take action to protect themselves and their rights. Being proactive about seeking medical treatment, establishing insurance claims, and retaining counsel will help the entire process run more smoothly. Therefore, the question should not be “how long do I have to take action,” but rather “how can I move forward today”.
Waiting to take action in a personal injury situation can cause problems in any number of ways. For example, when an insurance company or ultimately a court learns that you waited to take action, they could assume that your injuries and damages may not be as bad as they really are. Also, while waiting to take action you could be involved in another incident causing further injury which could make it more difficult to show that the original incident actually caused the injury from which you are suffering.
One of the best steps that an individual can take when handling a personal injury action is to seek legal advice as to what rights he/she has, the extent of those rights, and how to exercise those rights. Many law firms – including Dudley DeBosier Injury Lawyers – are more than happy to try to answer any preliminary questions that you may have pertaining to your personal situation. But do keep in mind that definite and concrete answers are very difficult if not impossible to come by early on in a personal injury situation, and that nothing you learn before agreeing to be represented by a licensed attorney should be construed as legal advice.
by Ross LeBlanc | February 8th, 2017
I see it every day in traffic, I see it while stopped at a red light, and I see it while driving on the interstate: lots of people around me are looking down at their phones while driving. I know you see it too, and neither of us should be surprised when this leads to a car wreck.
Wrecks happen when a driver is distracted. If a driver decides to look down and read an email or type a text message, that driver is deciding to ignore the safety of the surrounding drivers, pedestrians, and bicyclists. This decision happens a lot, and the results are predictable. In 2014, there were 3,179 people killed and an estimated 431,000 injured in car wrecks involving distracted drivers.
We hope everyone around us drives carefully. Driving carefully does not mean looking at a smartphone every few seconds. We may think that no one will get hurt because we are just glancing at our phones and are not really distracted, but think about this: five seconds is the average time your eyes are off the road while texting. When driving at 55mph, that’s enough time to cover the length of a football field blindfolded!
Mobile phones can be taken everywhere, and lots of us bring them into our cars and trucks. As a result, most of the drivers around you every day have a smartphone with them. Smartphones, with their touch screens, addictive Apps, and internet access, are a new and powerful distraction.
Although these devices help connect us with our family, friends, and the rest of the world, they often take us away from what’s happening right in front of us. Driving can be dangerous if we do not pay attention. That is what makes smartphone usage in cars and trucks so alarming.
Smartphones are not just for making phone calls and sending texts. They are popular, in part, because we use them to read emails, watch videos, and look at Apps like Facebook or Snapchat. These activities are more distracting than making a phone call.
According to the Pew Research Center, nearly two-thirds (64%) of Americans now own a smartphone. This is a sharp increase from the 35% of Americans who owned a smartphone in 2011. Many of us can no longer imagine our work or social lives without one. With the increase in phone ownership, there is also increased phone use while driving. In fact, at any given moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving.
If it sounds impossible to stop using smartphones while driving, that illustrates the problem. People may believe they can be cautious and continue checking their phones from time to time while driving, or that they do it more safely than others do. The truth remains that there would be far fewer wrecks if drivers did not check social media or read emails while driving. My hope is that we all recognize the danger, use common sense, and protect each other while driving. If we choose to ignore the glow of the smartphone screen while driving, we will be choosing to have safer roads for ourselves and those around us.
by Peter Ellis | December 7th, 2016
In a personal injury claim against a tortfeasor (at-fault party) in Louisiana, you generally have one (1) year from the date of the incident to either resolve your claim or file a lawsuit to preserve your case beyond that period. However, resolving your case and filing a lawsuit can be a complicated transaction requiring a professional’s assistance in order to make sure you are fully and competently protected.
This one-year period is standard in actions against at-fault motorists, merchants, premise owners, dog or cattle owners, and many other similarly situated persons. That being said, there are alternative timeframes within which a claim may be presented for differing types of insurance coverage. For instance, a motorist injured in an automobile collision may have a period of two (2) years from the date of the incident to present a claim or file a lawsuit and recover under a policy of uninsured/underinsured motorist insurance, which is carried by the injured claimant or on the occupied vehicle. Similarly, many policies which provide for Medical Payments Coverage allow for claims to be presented and paid within timeframes exceeding the general one-year statutory period, given that the treatment or injury occurred within that one-year timeframe.
Medical Malpractice claims in Louisiana, although following the same general statutory timeframes regarding instituting the action, require very specific procedural steps be taken within differing timeframes to properly preserve and present the claim. As such, medical malpractice can be a very time sensitive area of legal specialty for which a detailed consultation with an experienced attorney should be carefully considered. Similarly, actions involving the rights of minors may have extended time limitations provided by statute depending on the nature and cause of the action.
Whenever one is injured by another’s negligence in the State of Louisiana, the potential claimant must carefully consider the facts and circumstances surrounding the occurrence, and in most cases, consult with an attorney who can help decide which claims and corresponding time limitations may apply. The attorneys at Dudley DeBosier are skilled in handling many different types of injury claims and are available for a no-cost consultation at your convenience.
by Alyssa Perot-Heltz | November 2nd, 2016
Car accidents are the leading cause of death among children under the age of twelve. We as parents, family, and friends want to make sure we are doing everything we can to protect our family. The best way to prevent injury and death is by placing your children in the proper child restraints. This can be challenging with all of the different information and options that are now available to us. Fortunately, the State of Louisiana has set forth laws that provide specific safety requirement guidelines.
We hope the following information about child car seat laws in Louisiana will help you better understand and choose the best restraint for your child. However, please note that while this is the law, these are only the minimum safety requirements. For our recommended car seat options, see our blog on tips for picking the best car seat for your child.
Car seat requirements by Louisiana law:
Failure to comply with these requirements can have harsh legal consequences as well. If you’re convicted of a child safety seat offense, you have the possibility of being ticketed and fined, with your fine amounts increasing for subsequent violations. Drivers that have been convicted of breaking a child safety seat law must provide the state with a Child Restraint Affidavit proving that they have acquired the appropriate child safety seat. Drivers have 30 days to submit the affidavit before the DPS will suspend said driver’s license until they have provided a notarized affidavit showing they obtained the appropriate child restraint.
If you have any questions regarding the correct safety seat for your child or about proper installation, visit one of the Louisiana Child Passenger Fitting Stations or the NHTSA Child Car Seat Inspection Stations. And always stay up to date or sign up for notifications about car seat recalls.
For more information visit:
Safekids.org
Lahighwaysafety.org
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by Steve DeBosier | September 15th, 2016
We’re used to hearing the term “car accident.” But most of the time, they’re no “accident” at all.
It’s time to start calling them what they really are.
by Alyssa Perot-Heltz | July 20th, 2016
You may have seen them around. People of all ages walking around absent-mindedly while staring and flicking at their smartphones, conglomerating around parks, malls and downtown hotspots. Many of them are playing the new, massively popular app, Pokemon Go. The best way to describe the game is that It is a virtual scavenger hunt. Since its release on July 6, Pokemon Go has gotten over 15 million downloads and has even surpassed Twitter in the amount of daily active users. It’s topped download charts in the US, Australia and New Zealand.
However, the game – which utilizes your phone’s GPS to catch virtual “Pokemon” – has been causing serious car wrecks. A quick Google search of “Pokemon Go car crashes” yields a wealth of Pokemon-related headlines:
Incidents have become so common that several police departments have issued Pokemon Go safety warnings. The National Safety Council even released a statement, urging gamers to understand that “no race to ‘capture’ a cartoon monster is worth a life.”
“People are putting themselves in dangerous situations,” said a police chief in Toronto. “We’re seeing people are playing while they’re driving and stopping their cars in the middle of the intersection to go get a [Pokemon] or something like that.”
While we understand the fun and excitement of the Pokemon Go app, we at Dudley DeBosier would like to remind everyone to use common sense, be aware of your surroundings, and not to drive distracted. And as an official Pokestop, we would like to encourage everyone to safely visit us, and please park your vehicles before catching any Pokemon near our office.
by Alyssa Perot-Heltz | June 15th, 2016
A recent study, unfortunately, confirmed what many Capital City drivers are already thinking: Baton Rouge is one of the most dangerous cities for drivers.
The report was developed by CRISIS (Capital Region Industry for Sustainable Infrastructure Solutions). Besides ranking Baton Rouge as the second most dangerous city for drivers (behind Detroit), it ranked the city the third worst in the nation for average annual commuter traffic delay among mid-size cities, and eleventh worst in the nation for road conditions.
“Yet another report has independently verified what Baton Rouge area drivers unfortunately already know based on experience, which is that our roads are not only the worst in the state but among the worst in the nation for traffic congestion, road conditions, and now safety for drivers,” said Scott Kirkpatrick, executive director of CRISIS.
The analysis came after ranking the nation’s cities based on five factors: the rate of fatal crashes, the likelihood of an accident relative to other cities, the number of years between accidents, the risk of auto larceny, and the risk of having a vehicle stolen.
At Dudley DeBosier, we see the aftermath of auto crashes every day, and we are passionate about helping those who have been injured and making the roads safer. Here are four quick reminders to keep you, your family, and others safe. While these tips may seem obvious, following this simple list can go a long way to help reduce the number of automobile crashes in Louisiana.
Do you have other tips that you would like to share? If so, please comment below and let us know!
Photo credit: faungg
by Alyssa Perot-Heltz | May 10th, 2016
Car accidents are the leading cause of death of children under the age of twelve. Studies show that over half a million children under the age of twelve ride in cars without being properly secured in an age-appropriate car seat. When properly using car seats, the risk of death is reduced by 71% and booster seats for children who fall in the correct age and weight class reduce the risk of serious injury by 45% when combined with proper seat belt use.
Car seat safety has been a hot topic among parents this past year. Every parent wants to make sure their children are as safe as possible while traveling in an automobile, but it can be difficult being that the right actions are being taken. Here are a few tips to follow to help keep your children safe in the event of a car accident.
Although it may seem overwhelming finding the right car seat for your child, being proactive in your search can be invaluable to his or her safety. With the right car seat, you can drive with a peace of mind knowing that your child is secure. Here are a few free resources to help find the perfect seat:
CarseatBlog: Written by a team of child passenger safety technicians, this long-running blog offers insightful and thorough reviews of current car seats.
Safe Ride 4 Kids: Safe Ride 4 Kids is an organization founded by a former firefighter and paramedic with years of experience witnessing the damage car crashes can cause firsthand. The blog offers a wealth of helpful advice, relevant to car seats as well as driving safety for pregnant women.
The Car Seat Lady: This website offers excellent tips, buyer’s guides, and infographics to help you navigate through finding the right seat.
by Alyssa Perot-Heltz | February 18th, 2016
Rear-end collisions are one of the most common types of auto accidents. And while you may have heard the following car – the car who rear-ended the leading car – is always at fault, that is not always the case.
This misconception is rooted in the idea of negligence. When analyzing where the fault lies in an accident, one should consider “Who was most capable of preventing this accident from happening?” or “Whose negligence led to the accident.” In most rear-end collisions, the answer to these questions is the driver of the following car because they have the ability and responsibility to be alert and maintain a safe following distance, allowing enough time to come to a complete and sudden stop if necessary.
However, sometimes rear-end collisions are not fully caused by the negligence of the following car’s driver and instead is partially or fully due to the leading car’s negligence. Here are a few scenarios where this may be the case:
Proving negligence of a leading car’s driver can be tricky, and will often require the work of an attorney. If you or a loved one has been injured in an accident, we encourage you to call Dudley DeBosier for a free consultation 444-4444.
by Alyssa Perot-Heltz | December 30th, 2015
New Year’s Eve parties are exciting. On December 31, many people will come together to reflect on 2015 and make toasts and resolutions to a new year in 2016. However, enjoyments can often get out of hand and people can put themselves and others in danger – turning what should be a night to celebrate new beginnings to a night of recklessness.
According to MADD (Mothers Against Drunk Driving) data, there were 234 drunk driving fatalities in Louisiana in 2014, representing 33.3% of all total traffic deaths. During the New Year and New Year’s Eve period, an even higher percentage of traffic deaths – 42% – were due to drunk driving.
Here are a few easy tips to make sure you and your loved ones get home safely:
If hosting a party, make sure to do your part to keep guests safe:
Don’t ruin 2016 for yourself or others by getting behind the wheel after drinking. Dudley DeBosier encourages everyone to celebrate New Year’s in a fun, safe and responsible manner.
by Matt Terrell | October 26th, 2015
Whether due to anxiety about having to testify in front of a judge or a jury or because of concerns about how long it may take to resolve a case, people always want to know early on whether their case will go to trial.
The short answer is probably not.
Recent statistics show that about 95% of civil cases are settled before trial.
However, while most cases are resolved well before trial it remains a possibility that any particular case could, in fact, end up in litigation, and could possibly require a trial to resolve the claim.
At Dudley DeBosier one of our primary responsibilities to our clients is to ensure we obtain fair value for their claims. If we are able to obtain fair value for a claim prior to filing a lawsuit, then the case may be resolved before a lawsuit is ever filed. However, if fair value is not offered for the client’s claim then a lawsuit will be filed and the litigation process will begin.
Even in cases where a lawsuit must be filed, more often than not, the Louisiana attorneys at Dudley DeBosier Injury Lawyers are able to obtain fair compensation for our clients without going through a full-blown trial. In those rare instances where a case must go to trial because the defendant is being unreasonable and refuses to pay our clients what they deserve for their injuries, the experienced Louisiana attorneys at Dudley DeBosier Injury Lawyers, together with our outstanding trial preparation team, will work diligently to prepare for trial and put our clients in the best position possible to obtain a favorable judgement.
by Peter Ellis | September 11th, 2015
A hit-and-run collision can be a very frustrating event for anyone, especially if you do not have the right coverages on your insurance policy and the adverse driver is never identified. Here are some helpful tips to aid you in being able to file a claim:
by Alyssa Perot-Heltz | April 29th, 2015
Spring is in the air here in Louisiana and that means it’s time to get the motorcycles back out on the road. A great opportunity to get out and enjoy your bike and others’ as well will be taking place this weekend in the city of Monroe, Louisiana.
The Thunder on the River Motorcycle Fest will take place this coming Saturday, May 2, at the RiverMarket located at 316 S. Grand Street beginning at 10 a.m. The festivities will include a number of vendors selling motorcycle accessories and apparel as well as a bike wash and poker run.
According to an article from myarklamiss.com, music will be provided by radio station Rock 106 and the Mike McKenzie Band performing live. Food, such as Cajun cooking, sausages, egg rolls, and cupcakes, will be provided by a number of vendors as well.
With so many bikes in a concentrated area, the Baton Rouge motorcycle accident attorneys with Dudley DeBosier Injury Lawyers encourage anyone planning to attend this event to keep safety in mind at all times. This means wearing a helmet every time you ride a motorcycle. Being vigilant of other vehicles in traffic, driving defensively, and assuming motorists don’t see you or your motorcycle could also help prevent crashes from occurring.
At Dudley DeBosier, we know what a pleasure riding motorcycles can be and our Baton Rouge personal injury lawyers hope these tips will help you and your loved ones have a fun and safe time during Thunder on the River Bike Fest.
by Alyssa Perot-Heltz | April 15th, 2015
April is Distracted Driving Awareness Month in Louisiana and many different people and organizations are working together to spread the message about the importance of focusing on the road when driving.
In 2013, as many as 3,154 motorists in the United States lost their lives and approximately 424,000 others were injured in distracted driving accidents. Furthermore, it was determined that drivers who were not paying attention to the road caused 16 percent of all crashes.
The Louisiana car accident attorneys with Dudley DeBosier Injury Lawyers point out that there are several campaigns taking place throughout the next several weeks that will focus on reducing these numbers. First, several high schools in our area will partake in mock crash scenes that depict the outcomes of distracted driving.
by Alyssa Perot-Heltz | March 12th, 2015
St. Patrick’s Day is right around the corner and that means the 30th Annual Wearin’ of the Green Parade will take place in downtown Baton Rouge this coming weekend. But with the celebration comes a completely preventable danger. The rates for DUI arrests, accidents, and fatalities notoriously spike around holidays like St. Patrick’s Day.
Many local businesses and restaurants will also be holding events around the parade route, many of which could include patrons partaking of alcoholic beverages. The Baton Rouge car accident lawyers at Dudley DeBosier Injury Lawyers would like to remind those planning to attend the parade and other events about the dangers of drunk driving.
Reports indicate that in 2011, 226 motorists lost their lives as the result of driving under the influence (DUI) and more than 6,000 drivers were arrested for engaging in the behavior.
In order to keep drunk drivers off the road and to help ensure everyone gets home safely, our team at Dudley DeBosier will be offering free cab rides home to parade attendees who may have had too much to drink. To get a free Baton Rouge cab ride, just call Yellow Cab and mention that we here at Dudley DeBosier will be covering the cost of your ride.
We hope you have a safe and enjoyable time at the parade this weekend!
by Dudley DeBosier | March 10th, 2015
Heading out to the St. Patrick’s Day Parade in Baton Rouge this weekend? Dudley DeBosier is offering free cab rides home through the St. Patrick’s Day Safe Ride Home program. The free cab rides will be available on Saturday, March 14, 2015 from 12 P.M. to 3 A.M.
DDB created this program to reduce the amount of drinking and driving that may occur during St. Patrick’s Day weekend. The firm would like parade-goers to be able to safely enjoy the festivities that take place for St. Patrick’s Day in Baton Rouge and hopes that this program will encourage those in attendance to act responsibly.
Managing partner at Dudley DeBosier, Chad Dudley, expects that the Safe Ride Home program, in its third year now, will yield great results. He states, “Baton Rouge has a great St. Patrick’s Day celebration and we hope that encourages people to enjoy the holiday safely and responsibly.”
Dudley DeBosier’s Safe Ride Home program will only be available during the designated times on the specified date. Free rides are only available from an establishment that serves alcohol (i.e. restaurant or bar) to a place of residence within Baton Rouge. To take advantage of a free ride, please contact Yellow Cab of Baton Rouge at (225)-926-6400.
As part of the firm’s Random Acts of Kindness campaign, Dudley DeBosier employees will also be handing out cookies on Friday, March 13 from 11 A.M. to 1 P.M. to celebrate St. Patrick’s Day and remind the community about the Safe Ride Home program. Everyone is welcome to stop by the office.
DDB places tremendous value in giving back to the community that has given us so much. The Random Acts of Kindness campaign has allowed employees here to get involved in the Baton Rouge area in ways they could never have imagined. A free cab ride and cookies are the perfect ways to spread kindness on St. Patrick’s Day!
by Alyssa Perot-Heltz | February 4th, 2015
Highway safety is important to each of the Louisiana car accident attorneys at Dudley DeBosier Injury Lawyers. That’s why we are excited to learn the number of Louisiana motor vehicle collisions and fatalities in 2013 decreased from the previous year.
Data from the 2013 Louisiana Traffic Records Report show there were a total of 651 Louisiana car accident fatalities throughout the year. That was an almost 3 percent decrease from the previous year’s total.
A significant decrease in both pedestrian and motorcycle fatalities played a crucial role in the reduction of fatality numbers. Pedestrian deaths decreased to 98 fatalities in 2013, while bicycle deaths declined by more than 45 percent.
Many officials and experts are attributing the decline in accidents and fatalities to strict traffic laws in Louisiana. Bayou Buzz reports Louisiana has been praised for adopting 9 of 15 traffic safety laws that are believed to be crucial in preventing accidents from occurring. Some of these laws include requiring all drivers and passengers to wear seat belts, requiring all motorcyclists to wear helmets, and creating stringent driving regulations for inexperienced teens.
At Dudley DeBosier, our Baton Rouge personal injury lawyers would like to applaud the citizens of the state for keeping our roadways safe. We also encourage you to keep this trend going by keeping safety in mind at all times when you’re behind the wheel.
