Lake Charles Personal Injury & Wrongful Death Law Blog

Is your job on a list for most dangerous in the nation?

On behalf of Damon Beard of The Townsley Law Firm posted in blog on Monday, April 23, 2018.

When you go to work every day, you may expect whatever day it is to be much the same as the previous workday. While your individual projects and assignments may vary, the type of work you do remains the same, and depending on where you work, your risk for injury may be very low or high.

It's always good to stay updated on safety information and practice good habits to avoid injury while you work. If an accident occurs, your injuries may keep you laid up for quite some time, perhaps causing you to lose income. That's one of the main reasons the workers' compensation program exists: to help replace lost wages while injured workers recover at home or in the hospital. Sometimes, complications arise as you navigate the claims process. If that happens, it's good to know where to turn for support.

New study shows distracted driver numbers were underestimated

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Friday, April 20, 2018.

For Louisiana residents who are worried about their safety when they are heading out on the road, distracted driving is a common fear they must think about, take steps to avoid and hope that it does not affect them. Studies are common to determine the scope of the danger. A new one from Zendrive will do little to assuage their fears. Drivers who are in a crash and either know or suspect it was due to a distracted driver should take note of the prevalence of the behavior, as it can be important when considering a legal filing to attempt to be compensated.

According to Zendrive, distracted driving is substantially worse than previously studies suggested. It is believed to be 100 times worse than the data previously indicated. According to the 2018 Distracted Driving Snapshot from Zendrive, around 69 million drivers are simultaneously driving and using their cellphones every day. The government had estimated that number to be 660,000. This is occurring while using a cellphone behind the wheel is believed to be a cause of 26 percent of accidents.

Auto accident in supermarket parking lot injures pedestrian

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Wednesday, April 18, 2018.

Drivers and pedestrians in Lake Charles and throughout Louisiana must keep a close eye on each other to avoid accidents that can cause injuries and fatalities. This is especially true in areas where there are no traffic lights and stop signs and drivers are required to make decisions based on judgment, such as in parking lots. It is easy to lose sight of pedestrians or fail to see them at all. When a pedestrian is hit, it can lead to broken bones, cuts and head injuries. After these types of car accidents, it is important to understand how a lawsuit might help recover in the aftermath.

According to a recent report, a vehicle that was in reverse as it left a parking spot at a supermarket hit a woman, sending her to the hospital. In the mid-afternoon at around 2:15pm, the 2014 GMC truck was backing up. The driver apparently did not see the woman behind the vehicle and she was hit, getting stuck under the GMC. The fire department was called. She was freed and taken to the hospital with injuries that are said to be non-life-threatening. The investigation into the accident is ongoing.

What should you know about workers' compensation rehabilitation?

On behalf of Damon Beard of The Townsley Law Firm posted in Workers' Compensation on Friday, April 13, 2018.

When a worker in Louisiana suffers workplace injuries, workers' compensation is a key factor in helping them as they receive treatment, get a percentage of their wages and try to recover and get back to work. For many workers, however, getting back to the same job they did before is not feasible based on their injuries. For those who can do a certain type of work, the injured worker will receive education and/or training to be able to get back to work. Understanding the important points about this process is essential to the injured worker.

An employee will be allowed 26 weeks of education and/or training, plus another 26 weeks if it is determined to be necessary by the hearing officer overseeing the case. Employers or insurance carriers also have the right to continue providing the rehabilitation if they choose to do so. The worker is required to start rehabilitation within two years from the point at which temporary total disability is ended. This will be paid for by the insurer and it includes tools or equipment that is needed, as well as books, tuition and training.

Goodyear tires on motorhomes might be linked to car accidents

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Wednesday, April 11, 2018.

There are so many different dangers on the roads in Louisiana that one of the last things that people will expect to be a problem is the tires on their own vehicles. Unfortunately, among the litany of issues that can lead to a car crash with injuries and fatalities, is the possibility that there was a defect with the tires. When this happens, it is important that there be a full investigation, a crash reconstruction and the proper steps taken to determine how and why it happened to ensure that it does not place anyone else in jeopardy. But, in some cases, the company does not adhere to this basic principle. Such is believed to have been the case with Goodyear tires for motorhomes.

An investigation by the National Highway Traffic Safety Administration is underway to examine assertions that these tires led to accidents and numerous injuries and fatalities since 1996. In a letter, the NHTSA asked for more information regarding Goodyear's G159 tires. It also wants to receive a detailed process of how the company evaluates a claim regarding a safety issue. Cited in the letter are allegations that there were 95 injuries or deaths. From 2003 to 2015, there were said to have been 57 injuries or deaths. Approximately 40,000 motorhomes had these tires.

New AAA survey shows prevalence of distracted driver incidents

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Friday, April 6, 2018.

It is not difficult to look at a vehicle and find a driver who is texting and driving, using social media or looking down at a device. Research examines this phenomenon and uses the results of studies to try to find methods to reduce the number of people who are behaving as a distracted driver. This information can also be useful for those who were injured or who have lost a loved one in an auto accident, as evidence of distracted driving can help with a legal filing for compensation.

The AAA Foundation for Traffic Safety conducts an annual study referred to as the Traffic Safety Culture Index. It found that, since 2013, there has been a rise of 46 percent of drivers who admit to talking on the phone when driving and do so on a regular basis. 88 percent stated that they think that there has been an increase in distracted driving and it is the biggest danger on the road today. In this study, more than 2,600 drivers age 16 and older who drove in the previous 30 days took part.

Motorcycle-auto accident sends off-duty deputy to hospital

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Thursday, April 5, 2018.

Accidents are common on the roads in Lake Charles and they can happen to anyone. Even law enforcement officers are not immune to being in a crash when they are on or off-duty. Some off-duty officers enjoy riding motorcycles in their spare time. Part of their job will inevitably be dealing with these accidents, so they are aware of the risks and what can happen to riders. Since a motorcycle-auto accident can result in injuries and death, those who have been affected by a crash should be aware of the litany of issues that will inevitably arise after it has happened. A legal filing can be beneficial to cover for the aftermath of car accidents.

According to a recent report, an off-duty sheriff's deputy suffered severe injuries when his motorcycle was hit by a car. The deputy was riding and heading south at approximately 11 p.m. A driver heading in the opposite direction was in the inside lane and turning left to go into a parking lot. The female driver said she did not see the motorcycle and crashed into him. The deputy was thrown from the bike. He was taken to the hospital with injuries that were said to be serious. According to the sheriff - the deputy's boss - the deputy has a punctured lung, bleeding in the brain and multiple broken bones. The deputy has been on the job for six years. The driver of the vehicle was tested to see if she was under the influence and the results are pending.

Improperly loaded trucks can lead to an auto accident

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Thursday, March 29, 2018.

There are many different vehicles on the road in Louisiana and all must share the road, be predictable and take all the necessary steps to ensure that everyone remains safe. Large trucks are part of that. These vehicles can be intimidating, with their size and the speeds at which they travel. For the most part, their owners and operators take the required steps to make certain that all the safety boxes are checked. However, given the need to cart heavy items and equipment, some of it must be strapped down. This can result in danger.

A failure to properly strap down heavy objects can lead to a treacherous situation and an auto accident. Smaller vehicles that encounter a large truck with an improperly secured load can face catastrophic injuries, and even death, if there is an accident. Truckers must take great care when carting heavy loads and equipment. One wrong turn and the vehicle can tip over. Any vehicle behind the truck or beside it will be in jeopardy if that happens. When there is an accident, one of the most important factors in seeking compensation in a legal filing is the investigation as to how it occurred.

Two high schoolers in crosswalk hurt in pedestrian-auto accident

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Wednesday, March 28, 2018.

In Louisiana, pedestrians are vulnerable to injuries and death as a car accident victim. Since vehicles can be large, heavy and travel at significant speed, a pedestrian has little chance of emerging from a crash unscathed. The injuries can lead to massive medical costs, lost time at work and other problems. Fatalities are a very real possibility. Notably at risk for being in pedestrian-car accidents are children and teens. Many of these accidents happen in the morning when youngsters are heading to school, or in the afternoon when they are heading home. After such an accident, it is critical to know how best to move forward to seek compensation for all that was lost.

An accident with a car sent two high school students to the hospital recently. They were crossing the street as they headed to class and were in the crosswalk. The victims were both female and the accident happened in the morning. One had moderate injuries. She was taken to one hospital and subsequently transferred to another hospital so she could see a specialist. The other victim had an injury to her hand. She received treatment and was released. The driver was cited for failing to yield to pedestrians when they were in a crosswalk.

Factors beyond cellphones can go into being a distracted driver

On behalf of Damon Beard of The Townsley Law Firm posted in Car Accidents on Thursday, March 22, 2018.

Louisiana residents who are on the road in any capacity for even a short period of time will likely see many people behind the wheel of a motor vehicle who are texting and driving or doing other things that lead to them being a distracted driver. This is a known problem throughout the country as 47 of the 50 states - including Louisiana - have prohibited texting while driving. A meta-study from the journal Human Factors examined cellphone use and driving. It conducted experiments to come to its conclusions and included other distracting activities, such as talking to passengers.

People who are talking on a cellphone are slower in their reactions and slower to identify hazardous conditions. Their ability to scan their environment was reduced and drivers did not look to the left or right or use their rearview mirrors as frequently when talking on the phone. If the driver was talking, they did not slow down or increase the amount of space between their vehicle and the car in front of them. This resulted in a rise in crashes with other vehicles, pedestrians and inanimate objects. Even drivers who used hands-free devices found their awareness diminished.