Author: Richard Kennedy

by Richard Kennedy

Do I have a personal injury case?

            You have been involved in a crash and have countless questions.  You are not certain where to begin and what are the right words to use.  Don’t worry, you have a friend on this journey, me.  What are some of the most common questions?  Here is a list of just a few common questions I hear:

1. What kind of attorney and I looking for?  Is it an “accident attorney,” “car accident attorneys,” “car accident lawyer,” “car crash lawyer,” or “personal injury attorney.”
2. My car has been damaged, how do I get it fixed and what do I do for a car while mine is being repaired?
3. I am injured and not sure where to go or what to do?

These are just three of the most common questions that I am asked by friends and potential clients.  But questions range from medical treatment to vehicle repair, to lost wages.  Then “who will pay for all of this?!” 

But before we can answer many of these questions, we first need to look at several items. 

1. Louisiana law provides that all drivers owe themselves and all others a certain duty of car, to drive safely, responsibly, and to avoid harming others.  In your situation, is there a law that protects you?
2. Did the other driver breach that duty? Basically, did the other driver break the law and hit you?  An example of this would be, you had a green light and the other driver had a red light, but ran the red light and crashed into you.
3. Because they broke their duty owed to you, did you suffer harm?
4. Do you have any damages like medical bills, lost wages, physical pain, etc.?
5. What evidence and witnesses do you have to support your case?

A police crash report generally has most of the initial information needed.  Once we have this information, more questions will need to be answered.  Each case has many of the same questions, but the answers in each case can be different.  Understanding the types of insurance coverage the other driver may have, what coverage you have and that may be available to help.  Making sure you are getting the medical evaluation and treatment you need and that you understand your options is critical to maximizing your recovery. 

If you have been injured and have questions, call us now.  Don’t delay.  The sooner you can understand your rights, how the process works, what you need to do and meet with us, the better your experience and end result will be.

by Richard Kennedy

DRIVING IN A SCHOOL ZONE WHEN SCHOOL IS NOT IN SESSION

Do you know what speed to drive in a school zone when school is not in session?

by Richard Kennedy

The Importance of Preserving Evidence in Personal Injury Cases

If you’ve been involved in a crash, understanding the importance of preserving evidence can significantly influence the outcome of your personal injury claim. As a personal injury attorney with years of experience, I’ve seen many cases where properly preserved evidence made the difference between a successful compensation claim and a disappointing outcome.

Why Evidence Preservation Is Crucial

Evidence is the foundation of any legal claim, particularly in personal injury cases. It helps establish the facts, demonstrates liability, and quantifies damages. Preserving evidence ensures that the details of the wreck are maintained accurately, which is crucial for proving your case in court or in negotiations with insurance companies.

Types of Evidence You Should Preserve

1. Photographic and Video Evidence: Always try to capture clear photos or videos of the crash scene, your injuries, and any damages. This visual evidence can be compelling in demonstrating the severity and impact of the incident.
2. Physical Evidence: This includes any physical objects that played a role in the accident, such as defective products, clothing, or equipment. Keep these items in the same condition they were right after the accident.
3. Documentation: Gather all relevant documents, such as medical records, police reports, and witness statements. These documents provide critical details about the accident and subsequent damages.
4. Electronic Data: In today’s digital age, electronic data from smartphones or GPS devices can also serve as valuable evidence. Such data might include text messages, call logs, or location data at the time of the accident.  And don’t forget about dashcams!!

Steps to Preserve Evidence

1. Act Quickly: Evidence can degrade or be lost over time. Begin collecting and preserving evidence as soon as safely possible following an incident.
2. Store Safely: Keep physical evidence in a secure location where it cannot be tampered with or deteriorate.
3. Document Handling: Maintain a record of all individuals who handle the evidence from the time of the accident to its presentation in court to avoid claims of tampering or contamination.
4. Seek Legal Assistance: Consult with a personal injury attorney early in the process. An experienced lawyer can help in effectively preserving and presenting evidence, ensuring that nothing crucial is overlooked.  Make sure to bring me copies of all evidence you have been able to capture.

Legal Expertise in Evidence Preservation

A skilled and experienced personal injury attorney can provide essential assistance in preserving and collecting evidence. They can also help in obtaining evidence that may be difficult for you to access on your own, such as surveillance footage or private records. Moreover, an attorney will ensure that all evidence is gathered legally and is admissible in court.

by Richard Kennedy

Injured in a crash? Do you need to hire a Personal Injury Attorney?

🚗 Were You Involved in a Crash-? Here’s Why You Should Consider Hiring a Personal Injury Attorney! 🚑

If you’ve recently been in a car crash, navigating the aftermath can be incredibly stressful, when you’re trying to handle it alone. From medical bills piling up to dealing with insurance companies, it’s easy to feel overwhelmed. That’s where a personal injury attorney can really help. Here’s why:

1. Expert Guidance: Personal injury attorneys know the laws that apply to car crashes and  can guide you through the legal maze and help you understand your rights and options.
2. No Upfront Costs: We work on a contingency fee basis, which means you don’t pay attorney’s fees unless you win your case. We handle the upfront costs of litigation, so you can focus on your recovery without added financial stress.
3. Maximizing Your Compensation: We know how to accurately assess the compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
4. Dealing with Insurance Companies: Insurance companies often aim to minimize what they pay out. We will handle negotiations on your behalf, ensuring that you aren’t taken advantage of and work to maximize your recovery.
5. Peace of Mind: Having a knowledgeable professional on your side can give you the peace of mind to focus on healing. Knowing your case is in good hands can be a huge relief during such a difficult time.

These are just the highlights.  To learn more, please let us know what questions you have and we would be happy to provide you with answers.  Not sure if you have a case?  Let’s meet so that we may learn more and provide you with an honest opinion. 

by Richard Kennedy

Navigating the Hazards: The Dangers of Driving on Wet Roads

When raindrops hit the pavement, everything changes.  While wet roads may seem innocuous at first glance, they pose significant dangers that demand our attention. Whether it’s a light drizzle or a torrential downpour, understanding the risks associated with driving on wet roads is key to ensuring road safety for all. Here are just a few of the dangers that rain creates for drivers.

Decreased Traction:

One of the primary hazards of driving on wet roads is the significant decrease in traction between tires and the road surface.  In the first few minutes after the rain begins, the roads become very dangerous, especially at or near intersections.  Why? Rainwater mixes with oil residue and other debris on the road, it creates a slick film that compromises tire grip. This loss of traction can result in skidding, hydroplaning, and difficulty maintaining control of the vehicle, particularly during braking and cornering maneuvers.

Reduced Visibility:

Another critical concern when driving in wet weather is reduced visibility. If you do not have your windshield wipers set to the appropriate speed for the rainfall hitting your windshield and if your wiper blades are old or dirty, your vision will be reduced.  Rainfall can create a misty haze, making it difficult to see the road ahead clearly. Additionally, water spray from passing vehicles further obscures visibility, especially on highways and busy roads. Poor visibility increases the likelihood of accidents, as drivers may struggle to anticipate obstacles, lane markings, and other vehicles.

Hydroplaning:

Hydroplaning, occurs when a layer of water builds up between the tires and the road surface, causing the vehicle to lose contact with the road. This phenomenon typically happens at higher speeds, making highways and freeways particularly susceptible. When hydroplaning occurs, drivers may experience a sudden loss of control, resulting in skidding or veering off the road. Steering becomes ineffective, and braking can worsen the situation, leading to potentially catastrophic accidents.  This commonly occurs in curves or with sudden braking. 

Increased Stopping Distance:

Wet roads significantly increase the stopping distance required to bring your vehicle to a safe stop. This increased stopping distance becomes particularly problematic in emergency situations, where split-second reactions are crucial. Drivers must exercise caution and maintain a safe following distance to reduce the risk of rear-end collisions.

Hydrodynamic Forces:

Driving through standing water on flooded roads introduces additional hydrodynamic forces that can affect vehicle stability. The force of water against the vehicle can cause it to veer off course or even be swept away in extreme cases. Flooded roadways may conceal hazards such as debris, potholes, or submerged objects, further increasing the danger for unsuspecting drivers.

Safety Tips for Driving on Wet Roads:

Despite the hazards posed by wet road conditions, there are steps drivers can take to minimize risks and ensure their safety:

1. Slow down: Reduce your speed to maintain better control of your vehicle and allow for increased reaction time.
2. Increase following distance: Leave ample space between your vehicle and the one in front of you to account for extended stopping distances.
3. Avoid sudden maneuvers: Steer, accelerate, and brake gently to prevent skidding and loss of control.
4. Ensure proper tire maintenance: Check tire tread depth and inflation regularly to maximize traction on wet surfaces.
5. Use headlights: Turn on your headlights to improve visibility for yourself and other drivers.
6. Stay alert: Remain vigilant for potential hazards and adjust your driving behavior accordingly.

Conclusion:

Driving on wet roads can be dangerous and without proper precautions and knowledge, crashes can occur. By understanding the risks associated with wet weather driving and implementing appropriate safety measures, drivers can reduce these hazards and protect themselves and others on the road. Remember, it’s always better to arrive at your destination safely, even if it means taking extra precautions and slowing down during inclement weather conditions.

If you have been injured in a crash on wet or dry roads, give us a call to see how we may be able to help you.

by Richard Kennedy

No Pay, No Play?

DOES THIS MEAN YOU’RE OUT OF LUCK?

What does this mean and why do we have such a thing? 

            In Louisiana, we have a “No Pay, No Play” law.  Here is the quick simple explanation – if you are driving and do not have car insurance when injured in a crash, as an uninsured driver, you give up the first $15,000 of personal injury coverage and first $25,000 of property damage coverage.  Those are the minimum limits required by law that every vehicle owner must maintain while owning their car. 

            Our state lawmakers enacted this law to attempt to reduce the number of uninsured drivers on the road.  The thought being that with this law being passed, people who do not have auto insurance will either stop driving or will purchase car insurance.  Additionally, if a person does not pay to have auto insurance and causes a crash, they have not protected the other drivers on the road.  But if the uninsured driver is in a crash, then they are not able to “reap the benefits” if they are the victim, at least for the first $15,000 of personal injury damage and $25,000 of property damage.

            But there are exceptions.   The driver of the other vehicle:

1. Is cited for drunk driving and later is convicted, pleas guilty or no contest.
2. Intentionally caused the crash.
3. Flees the scene – hit and run.
4. At the time of the crash, is committing a felony.

Does this law apply if you are a passenger? NO! Provided the passenger who is injured did not own that car.

What is the driver is from out of state and is the injured victim?  Louisiana law may not apply to that driver if their state does not have the same level of coverage as Louisiana, $15,000/$30,000/$25,000.  But there are also exceptions here – did that out of state driver move to Louisiana and fail to transfer registration in the time required by law? 

            Just because you have been injured and there is no insurance on your car does not always mean you will not be able to recover.  If this has happened to you, give us a call.  We are happy to meet with you, learn more about your unique situation and provide great advice. 

by Richard Kennedy

The Hidden Danger: Distracted Driving in Louisiana

As personal injury attorneys dedicated to protecting the rights of accident victims, we witness firsthand the devastating consequences of distracted driving. In Louisiana, like many other states, distracted driving remains a pervasive issue, leading to countless injuries and fatalities on our roads each year. In this blog post, we’ll explore the dangers of distracted driving, the legal implications, and what you can do if you’ve been injured in an accident caused by a distracted driver.

The Rise of Distracted Driving: With the widespread use of smartphones and other electronic devices, distracted driving has become a leading cause of accidents on our roadways. From texting behind the wheel to checking social media or adjusting GPS navigation systems, drivers are increasingly engaging in activities that take their attention away from the road.

The Consequences: The consequences of distracted driving can be severe and life-altering. In a split second of distraction, a driver can fail to notice a pedestrian crossing the street, a cyclist in the bike lane, or another vehicle slowing down ahead. The result is often a collision that leads to serious injuries or even fatalities.

Legal Implications: In Louisiana, distracted driving is not only dangerous but also illegal. Louisiana’s distracted driving laws prohibit drivers from texting while driving and using handheld devices in school zones. However, despite these laws, many drivers continue to engage in distracting behaviors behind the wheel.

If you’ve been injured in an accident caused by a distracted driver, you have the right to seek compensation for your injuries and losses. A skilled personal injury attorney can help you understand your legal options and pursue a claim against the negligent driver.

What You Can Do: As advocates for safer roads, we encourage all drivers to prioritize safety behind the wheel. Here are some tips to help prevent distracted driving:

1. Put your phone away: Keep your phone out of reach and out of sight while driving to avoid the temptation of checking notifications or messages.
2. Plan ahead: Set your GPS navigation and adjust your music playlist before you start driving to minimize distractions.
3. Focus on the road: Stay focused on the task at hand – driving safely. Avoid multitasking and keep your attention on the road and your surroundings.
4. Speak up: If you’re a passenger in a vehicle with a distracted driver, speak up and encourage them to focus on driving.

Conclusion: Distracted driving poses a serious threat to everyone on the road. By raising awareness of the dangers and taking proactive steps to prevent distractions while driving, we can all play a role in making Louisiana’s roadways safer for everyone. If you’ve been injured in a distracted driving crash, don’t hesitate to reach out to us for help. We’re here to fight for justice and hold negligent drivers accountable for their actions. Stay safe, stay focused, and let’s work together to end distracted driving.