What Happens if Your Child Gets Hurt at School

Posted on by bradeg

Many parents in Louisiana have a reasonable expectation that sending their children off to school in the morning means they will be in safe circumstances for the remainder of the day, but the unfortunate truth is that kids of all ages can end up suffering serious injuries in several kinds of accidents that could occur on school property. Parents are often left completely clueless about what legal rights they have in these situations and who can be held accountable, which is why your first move needs to be to contact an experienced New Orleans child injury attorney.

 

Parents need to understand that child injury cases can be much more complex because the type of school (public vs. private) can impact the statute of limitations (or time limit) in these cases, and many parties who end up being defendants often claim that the children themselves were at fault for their injuries. You will want to have legal representation for assistance in presenting the strongest possible claim for damages in any kind of legal action.

Common Causes of School Injuries

Children spend a majority of their days on school grounds, so it is not uncommon for most injuries involving children to occur at schools. While many people working at schools certainly try to keep kids safe and avoid accidents, there are a number of situations in which some form of negligence leads to a child suffering injuries in an accident.

 

Some of the most common kinds of accidents involving children include, but are not limited to:

  • Slip and fall accidents
  • Falls from heights
  • Sports injuries
  • Food poisoning
  • Playground accidents
  • Fighting
  • Toxic exposure

School Liability

When a parent knows a school is responsible for their child’s injury, holding the school liable can be a difficult task. You need to understand that the traditional statute of limitation that allows people one year to file injury claims in a court of law may not always be applicable.

 

Public schools are governmental entities, and certain parishes in the New Orleans area may impose limits much shorter than one year. You may have to take legal action within 90, 60, or even 30 days, so it is incredibly important that you retain legal counsel as soon as possible.

 

The other area of primary concern with a personal injury action involving a child is that the party who is a defendant is very likely to claim that a child was at fault for their injuries, and Louisiana recognizes the doctrine of comparative negligence, which allows a court to reduce a plaintiff’s award by their share of negligence for an accident so a person who is found to have been 50 percent responsible for their accident only recovers half of their actual award. You will want to have a lawyer who can argue that your child should not be held to this same standard since children simply do not have the same appreciation of risks an adult should have, and school officials have an obligation to ensure that children do not expose themselves to unnecessary risks.

Types of School Accident Injuries

Children can suffer a wide range of injuries in school accidents, and perhaps no injury is more devastating than a traumatic brain injury (TBI), which can lead to a lifetime of struggle for a child. The Centers for Disease Control and Prevention (CDC) found that there were approximately 640,000 TBI-related emergency department visits, 18,000 TBI-related hospitalizations, and 1,500 TBI-related deaths among children 14 years of age or younger in 2013, and the leading causes of TBIs were unintentional falls and being struck by or against objects, while sports and recreational activities accounted for an estimated 325,000 TBI-related emergency department visits among children and teens in 2012.

 

Other kinds of injuries can include:

  • Cuts, scrapes, and bruises
  • Black eyes
  • Broken bones or fractures
  • Sprains and strains
  • Concussions
  • Dislocations
  • Internal organ damage
  • Burn injuries
  • Illnesses such as those from toxin exposure or food poisoning
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Back injuries
  • Neck injuries
  • Eye injuries
  • Chemical injuries
  • Nerve damage 
  • Severed limbs
  • Hearing damage
  • Sprains
  • Head and face injuries
  • Soft-tissue injuries
  • Emotional or psychological injuries

Call Us Today to Schedule a Free Consultation with a New Orleans Pedestrian Accident Attorney

Did your child suffer severe injuries in an accident at their school in the New Orleans area? Make sure you get in touch with Egenberg Trial Lawyers for diligent legal representation in the handling of a personal injury claim.

 

Our firm understands how complicated these cases can be and will work tirelessly to make sure you are able to get a measure of justice for your child. Call (504) 229-3117 or contact us online to set up a free consultation so we can evaluate your case and answer all of your legal questions.

Pedestrian Accidents in NOLA

Posted on by bradeg

According to the Louisiana Crash Data Reports website, 181 pedestrians were killed and 1,146 suffered injuries in traffic accidents in 2021, while 181 were projected to be killed and 1,221 were projected to suffer injuries in 2022. The fatality total marks the highest figures of the five years dating back to 2017, and anybody who sustains injuries or loses a loved one in a pedestrian accident in Louisiana should be sure to contact a New Orleans pedestrian accident attorney.

 

The National Highway Traffic Safety Administration (NHTSA) reports that the 6,283 pedestrians killed in traffic crashes were a 3.4-percent increase from the 6,075 pedestrian fatalities in 2017, and an average of one pedestrian was killed every 84 minutes in a traffic crash in 2018. NHTSA also stated that pedestrian fatalities are far more common in urban areas than rural areas (81 percent compared to 19 percent), and both Louisiana Crash Data Reports and NHTSA found that alcohol involvement was a common factor present in nearly half of these crashes.

 

Causes of Pedestrian Accidents

Pedestrians are usually walking on sidewalks or maybe on the sides of roads in Louisiana, so they are often trying to avoid any involvement with traffic. Nonetheless, pedestrians become victims in traffic accidents when drivers of motor vehicles commit negligent acts that compromise their safety.

 

Some of the most common causes of pedestrian accidents include, but are not limited to:

  • Driving under the influence (DUI) of alcohol or drugs
  • Distracted driving
  • Aggressive driving
  • Speeding
  • Left-hand turns
  • Unmarked crosswalks
  • Rolling stops
  • Defective traffic lights
  • Failure to yield right of way
  • Inclement weather
  • Disregarding traffic control signs or signals
  • Road construction

 

Common Sites of Pedestrian Accidents

Pedestrians can be struck by motor vehicles in a wide variety of circumstances. Some of the most common locations where these types of accidents occur include, but are not limited to:

  • Intersections
  • Roadsides or shoulders
  • Parking areas
  • Paths or trails
  • Roadways
  • Facilities
  • Public areas

 

Types of Pedestrian Accident Injuries

A pedestrian crash poses a grave risk to a pedestrian because people who are traveling on foot have little to no protection should they be struck by a motor vehicle. Whereas drivers and other vehicle occupants have seat belts, airbags, and many other forms of protection, pedestrians are exposed to all kinds of harm because they have virtually no protection.

As a result, pedestrians can suffer injuries that may include:

  • Broken bones or fractures
  • Concussions
  • Internal organ damage
  • Burn injuries
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Back injuries
  • Neck injuries
  • Eye injuries
  • Chemical injuries
  • Nerve damage 
  • Severed limbs
  • Hearing damage
  • Sprains
  • Road rash
  • Head and face injuries
  • Spinal cord injuries
  • Soft-tissue injuries

Call Us Today to Schedule a Free Consultation with a New Orleans Pedestrian Accident Attorney

Did you suffer severe injuries or was your loved one killed in a pedestrian accident in the greater New Orleans area? Egenberg Trial Lawyers represents individuals and families all over Louisiana, Texas, and the Gulf Coast region, so we can fight to make sure that the negligent party is held fully accountable in your case.

 

Our firm will be able to conduct an exhaustive and thorough independent investigation to secure the evidence necessary to prove that another party bears responsibility for your crash and then make sure you receive all of the appropriate financial compensation to cover every expense you are now facing and will have to pay in the future. You can call (504) 229-3117 or contact us online to schedule a free consultation that will allow us to review your case and discuss all of your legal options.

Why are Fatal Crash Rates Climbing in Louisiana?

Posted on by bradeg

In Louisiana, like the rest of the country, people are driving far more dangerously these days. This statement is not just a scare tactic. It is backed up by the numbers. Reckless driving has increased sharply since the start of the pandemic. Less traffic on the roads and more room have caused people to take far more chances than they did previously.

 

The Pandemic Has Caused an Increase in Reckless Driving

 

It is a fair statement to say that drivers have gone from bad to worse over the past several years. Louisiana roadways were always a dangerous place. Now, the average accident in the state is far worse than it was. 

 

In addition, there is a perception that law enforcement has backed off of enforcing some traffic laws. For a time, some police officers did not want face-to-face interaction with motorists out of fear of contracting COVID-19. Some drivers got the feeling that normal rules in society were suspended during the pandemic. There has been an overall breakdown of societal norms that lead some drivers to the impression that rules do not apply to them. As a result, they make conscious choices that endanger other drivers. In general, it feels like there is less civility and regard for others, and that extends to the roadways. 

 

Drivers have also increased other extremely dangerous behaviors behind the wheel. It is difficult to say whether it is because of the pandemic or a general disregard for safety. Despite the fact that Louisiana has strict seatbelt laws, law enforcement has noted an increase in drivers disobeying these laws. In addition, not wearing a seatbelt can take a moderate car crash and turn it into a severe one. Some drivers may not follow seatbelt laws, and that increases the chances that a serious injury becomes a fatal one. 

 

Tougher Drunk Driving Laws Have Not Worked

 

Further, drunk and impaired driving is also up throughout the state. Alcohol is a factor in 40% of auto accident fatalities in Louisiana. The state has passed new laws that toughen the penalties for drunk driving, but there is still much progress to be made. The pandemic has made the problem of drunk driving far worse because people drink at home and get on the roads. 

 

Distracted Driving Is increasing Because of Smartphones

 

Distracted driving has also caused fatality rates to soar. Distracted driving crashes are among the most dangerous because the driver who is not paying attention makes little to no effort to slow down or avoid the crash. These days, there is far more to compete for drivers’ attention behind the wheel. If they are not sending a text or checking social media, they are eating or having a conversation.

 

Statistically, drivers have a higher chance of dying in a distracted driving crash because of the speed involved. Almost one in every ten traffic fatalities nationally happen in a distracted driving crash. Oftentimes, the most inexperienced drivers (teens) are the ones who drive distracted. No matter what laws Louisiana passes to cut down on this danger, distracted driving deaths have not budged. 

 

Larger Cars Mean More Serious Crashes

 

Auto accident fatalities are also climbing because the average car is much larger than in the past. Americans want bigger cars these days, and they are opting for SUVs and trucks in larger numbers. Most Americans do not want smaller sedans, and domestic automakers do not manufacture these vehicles anymore. Even when sedans are redesigned, their size increases with every new design.

 

The laws of science dictate that larger cars will cause far more force and impact when they crash into smaller vehicles. Although the occupants of larger cars are more protected in crashes because of the additional room for impact, those in smaller vehicles will bear the brunt of the accident. Even smaller cars with the highest safety ratings performed poorly in crash tests with larger cars. 

 

In addition, there are far more trucks on the road than there were in the fast. The rise of online shopping and an increase in economic activity means more trucks bringing their cargo to their destination. Not every truck driver is well-trained and experienced. In fact, the truck driver workforce is aging, being replaced by younger drivers, if the trucking company can even find new operators. With more trucks on the road, there is a higher chance of being in a crash involving an eighteen-wheeler. These crashes have much higher fatality rates. 

 

Wrongful Death Damages for Fatal Car Crashes

 

If your loved one has been killed in a car accident, Louisiana law allows you to file a wrongful death claim. If you are able to prove that someone else was responsible for the crash, your family can receive financial compensation to pay for its losses.

 

Wrongful death compensation can pay for:

 

  • The lost wages that your loved one would have earned for the rest of their career
  • Compensation for your family’s trauma and grief from losing a loved one in an accident
  • The loss of the love, support and guidance that your loved one provided

 

Wrongful death claims may result in higher settlements for the family, considering the damages that they have suffered and what the families have lost. Given what is at stake, you should have an attorney working on your behalf. 

 

Contact a New Orleans Car Accident Lawyer

If your loved one has died in a car crash, you may be able to obtain financial compensation if you can prove that the other driver was at fault. An experienced attorney can gather evidence and help demonstrate responsibility for the crash. Then, you need legal help to receive the most possible money for your wrongful death claim because that is money that your family needs. Call the attorneys at Egenberg Trial Lawyers at (504) 229-5700 or message us online to discuss your case.

Drunk Drivers Can Kill Pedestrians

Posted on by bradeg

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.

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