Baton Rouge, LA – Ensuring that drivers travel at a reasonable speed is one of the most important ways for any government to keep people safe on the roads. However, there also needs to be considerations related to the flow of traffic and avoiding congestion. Louisiana has adopted speeding laws that tend to vary based on the type of roads in question, along with other conditions. If a driver is traveling faster than the absolute speed limit, they may be stopped by the police and receive a citation. If the driver causes an accident while speeding, they may possibly be sued and evidence of speeding will be used to help prove negligence. 

State laws for speeding

The Louisiana Department of Transportation has stated that the following absolute speed limits apply throughout the state unless otherwise posted. A limit of seventy miles per hour on interstate highways, sixty five miles per hour on divided lane highways with multiple lanes, and fifty five miles per hour on many other roads. Areas that are zoned for residential use, schools, construction, and businesses are generally subject to much lower speed limits. Absolute speed limits are shown by a standard black and white sign, but there are also yellow advisory speed limit signs near curves and other obstacles.  

In addition to these limits, the state also routinely uses data related to traffic, accident history, and construction to determine when speed limits need to be modified. The state has found that drivers who proceed while staying at or close to the speed limit tend to be much less likely to be involved in an accident than those going too fast or too slow. 

Suing a speeding driver

Anyone who was struck by a speeding driver should remain at the scene and contact the police. They will begin their accident investigation, and they may issue citations to the driver who was speeding. Both the report and the ticket can be used against the driver in a civil lawsuit. If the driver is found to be at fault, they will have to pay for medical treatment, lost wages, and other losses caused by their speeding and negligent driving. Legal advice is recommended for anyone who believes that their injuries were caused by a careless driver. 

Assistance from local attorneys in Louisiana

Miller, Hampton, and Hilgendorf is a firm that helps people who have been involved in accidents in the Baton Rouge area. Their attorneys can provide advice about the process of filing a civil injury case against the party responsible for any losses. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Baton Rouge, LA – When a person is involved in an accident, then they drive away without making contact with anyone they can be arrested. Unfortunately for the accident victim, this may also make the process to file an insurance claim and receive compensation more difficult, especially if the person cannot be located. There are some steps the driver should take to maximize their chances of success. 

Penalties for leaving the scene

Louisiana treats the crime of leaving the scene of an accident more seriously than many other states. There is a mandatory license suspension for the suspect until the case ends with a disposition or dismissal. If there were fatalities or serious injuries, the suspect may lose their driving privileges permanently. All drivers who illegally leave the scene of an accident can be fined up to five hundred dollars, or they may spend as much as six months in jail. The penalties increase if the person was drunk at the time of the crash, or if they cause any kind of injury or serious harm to others and drive away. 

Contacting the police

The drivers involved in a car accident should contact the police after any accident involving injuries or property damage, and this is also true if one or more cars involved have left the scene. The victim should give a description of the vehicle to the police to start the process of an investigation and create a report of the incident. They may also give instructions on how to receive updates on the case and see if the driver was ever located. 

Insurance issues

The insurance provider should be notified after any accident, even if the other party cannot be located. It may be difficult for the victim to receive any insurance claim money unless they have purchased uninsured or underinsured motorist coverage, which is not required by law. The insurance company should give specific instructions regarding how they handle claims related to drivers who have left the scene. 

The possibility of a civil lawsuit

All drivers who are at fault for an accident can be sued in civil court as well, even if they are charged criminally for their actions during the same incident. The victim can add up their medical costs, lost wages, and other types of losses and try to make the person responsible pay through a settlement or jury trial. 

Help from experienced accident lawyers

Miller, Hampton, and Hilgendorf is a personal injury firm in Baton Rouge, Louisiana. Accident victims can speak with their attorneys to decide if a lawsuit is necessary and learn more about the process to receive compensation. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

California – May 5, 2021

A driver lost control of his Mitsubishi Galant for unknown reasons while heading west on East Valley Parkway leading to the fatal injury of the 77-year-old motorist in a solo car crash in an Escondido commercial district.  The car crashed into a palm tree, struck two metal poles and overturned in a restaurant’s outdoor food-service enclosure.  Paramedics took the driver to Palomar Medical Center, where he was pronounced dead. When accidental death is the outcome of a solo car accident, an accident attorney may be able to help families recover necessary damage compensation.

Accidental death benefit.

The accidental death benefit (ADB) of an automobile insurance policy pays for death expenses if, in a covered auto accident, bodily injury causes the death of the policyholder, or a covered family member. The benefit paid is according to the terms of the specific ADB policy.  If motorists suffer fatal injury in a car accident and they do not have accidental death benefit coverage, the family will bear the expensive costs of funeral and burial arrangements.  When individuals have other car, or life insurance that pays death benefits, this coverage may not be required.  

Single vehicle rollover crashes often result in significant bodily harm, property damage, and fatal injury for many motorists, requiring investigations to reveal the cause.  Automobile insurance policies that have an accidental death benefit rider, will enable surviving loved ones to access monies to pay for medical treatment and funeral expenses while awaiting the investigation outcome to determine if some outside force played a negligent role in the accident.  A car accident attorney can review the policy’s accidental death benefit rider and check the personal injury protection coverage (PIP) to ascertain what costs will be covered by insurance.  

Fault state.  

If the accident investigation reveals that negligence of another caused the accident, a personal injury attorney can speak with insurance carriers and initiate civil action when it is necessary to recover damages for surviving loved ones. Blatant negligent acts in the State of California may have added to the over 3,600 lives lost to accidents in 2019, resulting in criminal and civil lawsuits.  California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance, and there is a two year time period to file a suit after an accident. 

Hire an attorney. 

A California accident attorney can guide actions after a car accident results in an untimely death to ensure future financial stability for dependents of the person who died.  They can work with insurance companies to expediently pay costs related to funeral and burial expenses, and address losses sustained to property, medical bills, lost wages, or future expenses incurred by the estate of the person who died.  The Law Offices of Jeffrey E. Estes & Associates can assist surviving loved ones with insurance claims after a fatal injury caused by a single car rollover crash.     

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650 

San Diego, CA 92101 

Phone: 619-233-8021 

Fax: 619-233-3730 

Sources:

https://www.iihs.org/topics/fatality-statistics/detail/state-by-state

https://fox5sandiego.com/news/local-news/driver-killed-in-rollover-crash-near-escondido-intersection/23103.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

California – May 25, 2021

A crash involving five vehicles, including a semi-truck, occurred on the exit ramp from southbound state Route 163 in Mission Valley.  The accident resulted in the transport of two seriously injured individuals to Scripps Mercy Hospital by San Diego Fire-Rescue, and the necessity of the Hazardous Materials Team to clean up the 50 gallons of fuel that spilled from the semi-truck onto the roadway.  Injured victims should seek consultation with an experienced truck accident attorney in California for guidance on accident reporting requirements and toward damage recovery for property loss and physical injury complications.

Truck driver’s responsibility. 

Commercial driver training must be completed before a truck driver is granted  a commercial driver license (CDL) in California.  They must prove they can drive a vehicle with difficult maneuverability and specialized mechanisms in big rigs and tankers. In the United States there was a 9% increase in fatalities caused by truck accidents in 2017, and 72%  of those people were occupants of other vehicles.  Tanker trucks may be more dangerous than regular large trailer carriers because of the weight distribution and the type of substance they are carrying, such as flammable liquids, pressurized gases, or highly toxic chemicals that are difficult to clean up after an accident.  Individuals should contact a truck accident attorney to discuss legal options after an accident involving a big rig, or tanker.

Identification of responsible parties.

An accident involving a big rig is not always caused by the driver and truck accident lawyers are skilled at identifying additional parties to a claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts, and understand the trucking industry and relevant regulatory laws.  The United States Department of Transportation, 49 C.F.R. part 387, subpart A, mandates minimum levels of financial responsibility to address accident losses. Injury attorneys will determine the best legal approach to a case, including mediation, arbitration, or going to trial, and communicate with insurance companies who want to swiftly close out a claim.  

Fault state.  

When the accident investigation reveals negligence by multiple parties, a personal injury attorney will communicate with all relevant insurance carriers and initiate civil action when it is warranted.  Because California is a “fault” state with regard to accidents, an accident victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance.  Victims should talk to a lawyer about the two year time period to file a suit after an accident. 

Hire an attorney. 

A California accident attorney can guide actions after a multi-vehicle accident involving a tanker truck, and they can work with insurance companies to expediently pay costs related to funeral and burial expenses if someone dies, and/or address losses sustained to property, medical bills, lost wages, or future expenses incurred.  The Law Offices of Jeffrey E. Estes & Associates can be instrumental in a quick resolution to personal injury claims stemming from a truck accident in San Diego because they have extensive knowledge of civil procedure, the commercial trucking industry, and an expert investigative team.  

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650 

San Diego, CA 92101 

Phone: 619-233-8021 

Fax: 619-233-3730 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://www.nbcsandiego.com/news/local/multi-vehicle-crash-involving-semi-truck-on-sr-163-shuts-down-off-ramp-to-friars-road/2614207/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.fmcsa.dot.gov/regulations/hours-of-service