Were You Injured in an Uber?

Uber provides an important convenience in New Orleans for residents and visitors alike. People can easily get around town without renting a car or following the schedules of public transportation. People who are out on the town can hitch a ride home if they have had too much to drink, preventing a potential drunk driving crash. Uber has become a regular practice for many people and can increase safety on the streets of New Orleans.

Unfortunately, Uber drivers can get into accidents just like any other driver. These accidents often happen when an Uber has a passenger, and these passengers can suffer serious injuries in crashes. What do you do next if you sustain injuries in an Uber accident?

Get Medical Attention

Sometimes, car accident victims will immediately know that they are injured. You should always call 911 so that you receive the emergency medical attention you need at the scene of the accident, as well as an ambulance ride if necessary. If you are in pain or are disoriented, you should go straight to the emergency room to get checked out. In fact, going for a medical evaluation is always a good idea even if you do not feel immediate pain. The symptoms of some car accident injuries can develop over time, but you want to get a diagnosis as soon as possible.

Call an Experienced Attorney

Your next step after your injuries are stabilized should be to contact an attorney who knows how to protect your rights in a New Orleans Uber accident claim. These claims can be different from regular car accident cases in different ways.

First, an Uber is considered to be a common carrier when it is transporting passengers in exchange for payment. Common carriers have a higher duty of care to passengers than other drivers have. Your attorney should know how to identify and prove when a common carrier has breached their duty of care and caused you injury.

Next, Louisiana requires Uber drivers to carry more insurance coverage when picking up passengers. However, rideshare insurance can be difficult to get and maintain. If your Uber driver does not have the proper insurance, you will need to file a claim with Uber’s insurance that covers its contractors. While this, in theory, provides $1 million in coverage, dealing with Uber’s insurance representatives is not a simple task. You need a strong negotiator who can fight for a fair settlement and file a lawsuit if needed as leverage in your case.

Discuss Your Options with a New Orleans Auto Accident Law Firm

While taking an Uber can be a responsible decision intended to avoid accidents and injuries, many Uber passengers have, nonetheless, become the victims of serious car accidents. Uber cases can be complicated and can involve many parties and insurance companies. You need an attorney who understands how to tackle these claims to ensure you receive the compensation you need for your losses. Please call Egenberg, APLC, at (504) 229-5700 or contact us online for a free consultation.

Drunk Drivers Can Kill Pedestrians

Getting hit by a car is always a risk for people who choose to walk to their destinations. With so many pedestrians constantly out and about in New Orleans, we are constantly seeing headlines about pedestrians who are seriously injured or tragically killed by drivers. Many dangerous behaviors can lead a driver to hit a pedestrian and one of the most dangerous is drunk driving. Unfortunately, there are many drunk drivers on the roads in New Orleans at almost any time of day, so you should always be aware when you are walking in the city.

One 50-year-old woman was recently killed in New Orleans while she was walking. According to reports, she was crossing the street and a Cadillac slammed into her. She died from her injuries at the scene of the crash. Police then evaluated the driver of the Cadillac, a 32-year-old man. Officers stated the man could not stand up without assistance and performed poorly when undergoing a field sobriety test. When police conducted a breath test, the driver’s blood alcohol content (BAC) measured at 0.288 percent, which is 2.5 times the legal limit of 0.08 percent.

This is only one example of the many people who suffer severe or fatal injuries at the hands of drunk drivers each year in New Orleans. Injured victims and the families of deceased victims have the right to take legal actions to hold drunk drivers accountable for the harm they caused.

Criminal v. Civil Drunk Driving Cases

If a drunk driver is arrested after an accident and charged with one or more crimes, you may think that this criminal case will bring justice to accident victims and their families. However, criminal cases focus on punishing the defendant and not necessarily on compensating victims of the crime. While some restitution may be ordered, the best step to take is to file a separate claim in civil court.

Civil claims arising from a drunk driving pedestrian accident can include personal injury claims and wrongful death claims. In either type of case, you will need to prove that the driver was drunk and that their misconduct caused the injuries in question. If a driver is convicted of driving while intoxicated (DWI) under Louisiana law, that can be used as evidence of their wrongdoing. You will then be responsible for proving the extent of your losses before you can recover.

While convictions can help a civil drunk driving injury case, these claims are still complicated and you only have a short amount of time to take action. Do not wait any longer to call our attorneys for more information today.

Learn How Our New Orleans Pedestrian Accident Lawyers Can Help

The lawyers of Egenberg, APLC, have seen how drunk drivers can cause suffering and tear apart families in New Orleans. Our auto accident attorneys are committed to helping accident victims and we work to fully protect your rights under the law. Call our legal team at (504) 229-5700 or contact us online to schedule your free case evaluation.

Can Apps Help Battle Distracted Driving?

Distracted driving is one of the most common causes of dangerous—and sometimes fatal—accidents on the road, both in Louisiana and nationwide. The National Highway Traffic Safety Administration (NHTSA) reported that in 2016, distracted drivers caused close to 3,500 traffic fatalities.

To help reduce the number of distracted drivers on the roads in Louisiana, the Louisiana Department of Motor Vehicles has enacted several regulations. For example, drivers with a learners permit (not a full driver’s license) may not use a hand-held cell phone while driving. Perhaps the most stringent law is the text message ban for all drivers. Drivers who are found guilty of sending a text message while driving face a stiff fine. However, despite these laws and continuing education, distracted driving accidents continue to increase.

Apps Designed to Help Prevent Distracted Driving

Some smartphone applications (apps) only add to the problem of distracted driving. Indeed, some apps, such as mapping software and gas price trackers, are designed to be used while driving. However, some developers have created apps designed to reduce the temptation of checking your phone on the road. Some of these apps include:

  • AT&T Drive Mode App – Silences any incoming text messages and sends an automatic response that the cell phone owner is currently driving and unavailable.
  • Android Message Loud App – This is an option designed for those who still need to stay connected while driving. Incoming texts and emails will be read out loud upon receipt.
  • Apple’s Focus App – This is a humorous option to prevent distracted driving. The app will “yell” at you whenever you touch your phone. You can also sign up to receive distraction reports that indicate how often you touched the phone’s screen while driving.

Regardless of how diligent you are about avoiding distractions while driving, other drivers might not be using the same safe-driving apps. Do your best to avoid contributing to the problem, but always assume that other drivers may not be paying attention. Watch out for anyone driving erratically or who is obviously texting or otherwise using their smartphone—stay clear and preferably behind that driver, where you can avoid an accident.

Contact a New Orleans, LA Distracted Driving Lawyer to Discuss your Case

Driving while distracted is a serious hazard and a national issue. If you have been injured by a distracted driver, you have important legal rights. The attorneys at Egenberg, APLC understand how devastating this type of accident can be and we are here to help. Contact us today to learn more about your legal options and how we can fight for fair compensation for your current and potential future damages. Don’t let the insurance companies offer you a low settlement that doesn’t even cover your medical bills. Call us at 504-229-5700 or contact us online to set up a free initial consultation to discuss your rights and legal options.

Fatigued Driving Can Be Similar to Drunk Driving

Driving while fatigued is a common problem in the United States, and it’s not limited to commercial truck drivers. In fact, a recent study conducted by the Sleep Foundation found that one-third of all drivers interviewed confessed to falling asleep at the wheel at least once. Although many people assume that fatigue can be overcome by a strong cup of coffee, the science shows a jolt of caffeine might not be enough to drive safely when you’re tired. In fact, staying awake for 24 hours is equivalent to having a 0.10 blood alcohol content (BAC). In Louisiana, a 0.08 or higher BAC is enough to result in a DUI charge. When you look at it that way, driving while tired is not a mere inconvenience; it’s a danger to you and everyone else on the road.

Signs a Driver is Fatigued

It’s important to watch out for other drivers who may be fatigued and not paying attention to others on the road. Signs of a fatigued driver are similar to those you might recognize with a drunk driver. Common signs that a driver is fatigued include:

  • Sudden braking for no apparent reason
  • Swerving back and forth between lanes
  • Drifting onto the shoulder
  • Driving below the speed limit
  • Any other erratic or dangerous driving
  • What to Do if You Suspect a Fatigued Driver on the Road

Identifying a potentially fatigued driver is the first step, but once you’ve recognized the signs, what can you do to protect yourself?

If needed, pull over to the side of the road until the fatigued driver is well past.

If you believe the driver is acting dangerously and could potentially harm other cars on the road, call 911 to report them. It’s best to exit the road or have someone else make this call so you can focus on driving. Be prepared to provide helpful information including the make, model, and color of the car, the license plate number, and the location of the fatigued driver.

If necessary, pass the car carefully and give yourself plenty of room to maneuver your car if the fatigued driver encroaches into your lane.

Call an Experienced New Orleans, LA Car Accident Lawyer Today

If you’ve been injured in a car accident and you suspect the driver at fault was fatigued, it can be difficult to prove. A car accident is typically unexpected, and the aftermath can be difficult to handle. Medical bills and having to miss work while you recuperate can add to the stress of an already challenging situation. When you find yourself in this situation, pursuing legal remedies against the at-fault driver can feel overwhelming. The skilled car accident attorneys at Egenberg, APLC are dedicated to fighting for the rights of clients who have suffered injuries in car accidents, and we are here to help. We will work to protect your rights to fair and just compensation for your damages. Contact us today online or call us at 504-229-5700 to schedule a free initial consultation.

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