Vehicle Accident - Rozas Injury Law

No one plans to be in an accident. Yet no matter how carefully you drive or how observant you might be, there’s no way to protect yourself completely against an accident involving a drunk driver. For those who are involved in a tragic collision where alcohol played a role, it’s challenging to even start picking up the pieces.

Driving Drunk

An individual who chooses to get behind the wheel after abusing drugs or alcohol poses a risk to everyone around them. Although alcohol may be a “social lubricant” at parties or in private, it results in decreased reaction times, blurred or unsteady vision, and poor motor control that transforms an ordinary pickup truck or passenger vehicle into a deadly missile. Driving under the influence is a serious crime in Louisiana, and with good reason: out of nearly 37,500 highway fatalities in 2016, a staggering 28% involved a driver who was impaired by alcohol.

Covering An Accident

In Louisiana, insurance companies are ordinarily not allowed to deny claims arising as the result of a drunk driving incident. Even if someone borrows a vehicle while drunk and crashes it, the owner’s insurance is still on the hook, under the theory that the person who lent the drunk driver his or her keys should have known better. Even if the driver who was sold insurance has prior DUI convictions, the insurance company can’t wiggle out of responsibility. In the aftermath of a drunk driving collision, the insurer for the vehicle and/or the driver can be held liable for property damage, repair costs, medical bills, lost income, future medical costs, and the pain and suffering of the victims. A personal injury lawyer Baton Rouge residents trust will know how to obtain the maximum damages available under the law.

There are only two situations where an insurance company may be able to avoid providing coverage after a drunk driving accident in Louisiana. The most obvious situation involves a stolen vehicle. Insurance companies are understandably excused from covering a victim’s damages if the intoxicated driver stole the car he used. For this same reason, however, unscrupulous insurance adjusters may try to claim that a car was stolen when in fact it was merely borrowed. A Baton Rouge drunk driving accident lawyer can determine whether a vehicle was actually reported stolen or if the guilty party is simply trying to evade responsibility.

Another basis for denying liability may be a policy exclusion. Insurance companies often refuse to insure drivers with DUIs, but cannot avoid insuring their relatives or roommates. As a result, some insurance companies will intentionally exclude a known offender from coverage under a policy. Such exclusions must be disclosed in order to be effective. A Louisiana injury attorney can force a company to produce a copy of the written policy to see whether their denial is legitimate.

Other Options

If no coverage is available, that’s not the end of the road. Many victims have Uninsured Motorist coverage on their own policies, which can provide a substitute if they are injured through the negligence or recklessness of another driver. Your insurance company does not get a “green light” to treat your Uninsured Motorist claim differently, simply because a drunk driver was involved. The attorneys at Rozas Injury Law have helped numerous victims receive compensation from their own insurance company after a collision with an uninsured motorist.

Our legal office frequently fields phone calls from victims of motorcycle accidents in Baton Rouge. The most common cases involve motorcycles and traditional four-wheel vehicles. There are instances where the motorcyclist is the at-fault party, and other occasions where the vehicle driver is responsible. However, motorcyclists are often placed in much greater danger with these accidents, and it is important for both parties to be aware of how to prevent these collisions from happening.

How can cars prevent accidents?

There are inherent dangers involved with any type of vehicle driving at any speed. Not every accident involves excessive speeding or negligence by the parties; there are instances where the driver is involved in an accident with a motorcyclist despite taking all precautions they think are necessary. Motorcycles often represent a greater risk because they are harder to identify for drivers more accustomed to other four-wheel vehicles on the road. Motorcyclists often drive at faster speeds than other drivers and become impatient with slower-moving vehicles. Nevertheless, it is incumbent on every driver to take preventative measures to avoid serious Louisiana motorcycle accidents.

Drivers should follow a simple 4-second rule in case something unexpected happens with the motorcycle. Putting a gap of four seconds between you and the vehicle in front of you allows for the ability to make driving adjustments in case a dangerous situation arises. Drivers should also respect the current driving conditions because motorcycles are much more susceptible to accidents in inclement weather such as rain or fog. This may seem like common sense, but a lot of drivers are not conscious about slowing down for mother nature. Another measure that seems intuitive is looking before you turn. Drivers may not be aware of motorcycles in cross traffic and double checking might prevent an accident.

One final step to attempt to prevent motorcycle accidents is for drivers to continuously check their blind spots. Motorcycles are often driving on multiple lane highways in areas where drives cannot see them. The more aware drivers are on the roads, the safer the conditions for all motorists. Taking what might appear to be an unnecessary precaution could save the life of someone else on the road.

Who is to blame in motorcycle accidents?

Motorcycle victims often sustain much more serious injuries than other occupants of the roads. Negligence involves behavior that fails to uphold reasonable standards for protecting an individual from foreseeable risks of harm. Sometimes, the negligent driving style of four-wheel motorists could be catastrophic for motorcycle victims. They have an even greater duty of care than other forms of negligence because of the inherent risks associated with driving a motorcycle. Even accidents which would have few or no injuries for occupants protected by traditional vehicles can cause life-threatening injuries for bikers.

Compensation in Motorcycle Accidents

If you or someone you know has been involved in a motorcycle accident, you should reach out to Rozas Injury Law. Our legal team has helped numerous bikers recover just compensation for the injuries caused by another driver’s negligence. The victim should avoid settling their claims with insurance companies until receiving fair legal representation. We are here to help you through the process.

Rear-End Automobile Accidents

When potential clients contact our legal team regarding automobile accidents, it is important for us to discern between different types of accidents. One of the most common vehicle accidents is the rear-end collision. Although these types of accidents can appear to be relatively minor, they can cause substantial property damage and even severe physical injury. You should be aware of your ability to gain representation in order to receive fair compensation after such an accident.

What Causes Rear-End Collisions

Louisiana rear-end accidents have become relatively commonplace in the twenty-first century. Drivers have become distracted by eating or drinking in the car, changing the radio, or looking at their phone. These distractions have caused drivers to divert their attention away from the road just long enough to crash into the vehicle ahead. Even subtle diversions, such as passengers using their cellular devices or talking through a bluetooth audio headset can lead to accidents. In addition, aggressive driving tactics such as speeding and tailgating other vehicles are causes of rear-end collisions. If these factors are involved in a rear-end collision where you suffer physical injury or property damage, you are entitled to adequate compensation.

Injuries Sustained from Rear-End Collisions

Rear-end collisions have a reputation for being less dangerous than other types of vehicle accidents, but this is only because they are so common. Despite their reputation, they still can have serious consequences for all parties involved. Some of the most common injuries are whiplash, broken bones, and traumatic brain injuries. However, fatalities are even possible if the driver or the passenger are not wearing safety restraints and seated in their seats properly. These injuries or even fatalities could have easily been prevented if the at-fault party was focused on the road instead of diverting their attention elsewhere.

Contributory Negligence

Contributory negligence involves the unintentional involvement of more than one party in a tort related accident. The defendant will likely try to argue that both parties were contributorily negligent for the accident. Their defense will likely be validated if they can prove that the other party was driving negligently when the accident occurred. Attorneys from Rozas Injury Law will review the facts of the case to ensure that the defendant cannot use contributory negligence to help the lawsuit get dismissed.

What Should You Do?

If you are involved in a rear-end collision, you should contact local law enforcement immediately. In addition, you should acquire the insurance information of the at-fault party. It is important that the at-fault party does not leave the scene until you have all of the pertinent information regarding the accident. You should avoid settling a claim with the insurance company until you receive legal consultation. Automobile insurance companies such as Geico and State Farm are not concerned with your best interests, and will attempt to settle the claim for much less than they should. Finally, you should discuss the accident with our legal team. We will assess all the facts of your lawsuit, and construct a plan in order for you to receive adequate compensation for both physical injuries and property damages. Louisiana automobile accidents take an emotional toll as well as a physical toll on the affected parties, and we are committed to helping less that burden by placing you in a position to receive compensation for the accident.