crash Tag

by Richard Kennedy

DRIVING WITH NO INSURANCE IS NOW MORE DANGEROUS AND COSTLY

You have heard the term NO PLAY NO PAY but what does that really mean?  It means that if you are driving with no auto insurance, you are breaking the law.  One of the penalties is that if you are involved in a crash and are not at fault, you lose the right to recover a portion or maybe all of your damages that you would otherwise be entitled to recover.  Why?  Because you are not obeying the law and carrying the Louisiana required minimum liability insurance limits of $15,000.  The law that has been in effect states that if you have no auto insurance and get in a crash that is not your fault, you are not able to recover the first $15,000 of your case, medical bills, wage losses, vehicle repairs or replacement, etc.

            BUT WAIT!!!  A NEW CHANGE WILL SHOCK YOU!!!

            Beginning August 1, 2025, Louisiana law on this topic changes.  Now you will be giving up the first $100,000 of your claim value if you are driving with no auto insurance and someone injures you!!!  This means that you will be stuck with medical bills, wages losses and other losses, including your vehicle damage, for the first $100,000 of the value of your case. 

            What can you do?  Go get auto insurance now!  This is meant to encourage drivers to get car insurance.  This is a wake-up call for those of you who don’t have auto insurance and are still driving.  Imagine if you get in a crash while you have no auto insurance and have injuries that require medical treatment.  How will those bills get paid?  Plans you have for a home, a vacation, to pay off credit cards or other loans may vanish.  How will you fix or replace your car?  Imagine having that money still in your pocket, no additional debt and less stress in life.  Make it happen and make sure you have auto insurance.

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

Pedestrian Safety

Walking is great exercise and also a way around town. But you need to be prepared when walking. In 2023, Louisiana had 147 pedestrian deaths and over 1,000 pedestrians injured – all by vehicles. This number has risen since 2019, when 118 pedestrian fatalities were recorded. Drivers need to be aware of their surroundings at all times and pedestrians must follow certain rules of law and common sense to stay safe.
With our favorable climate and numerous neighborhoods, easy access to parks and outdoor activities, being visible is a key for pedestrian safety. Louisiana laws regarding pedestrian right-of-way may be different than most states.

PEDESTRIANS IN LOUISIANA
Did you know that pedestrians have certain laws that protect them? Even when you don’t have the right-or-way, drivers have a legal duty to avoid running into you. Basically, Louisiana law provides a greater duty of care that drivers must have for pedestrians.

WHERE TO WALK
If there is a sidewalk, you must walk on the sidewalk. But if the road does not have a sidewalk, you must walk on the left side of the road. That means, walk facing traffic. BUT DO NOT CROSS AN INTERSTATE, except during emergency situations.

WHERE TO CROSS THE ROAD
Pedestrians have the right-of-way in crosswalks. But outside of these marked areas, you must yield to cars. You, as a pedestrian, do not always have the right-of-way. So do not run out in front of passing cars, especially when they are too close to stop or avoid running into you.
What happens when you don’t follow the law? You can be partially at fault or 100% at fault for causing the crash. This is known as comparative fault. For example – a jury finds that because you tried to cross the road when a car was coming and you were not in a crosswalk, they may find you 20% at fault. Therefore, you are only able to recover 80% of the case value/jury award.

HOW TO BE SAFER
Pedestrian and vehicle collisions are increasing and there are many reasons why. The larger the vehicle, the greater the risk of injury and likelihood of death. So you want to make sure you are:

1. Crossing at intersections, crosswalks, and if not in a crosswalk or at an intersection, when breaks in traffic allow you to safely cross the street.
2. Wear light colored clothing.
3. Walk on the sidewalks, or if no sidewalk is present, on the left side of the road, facing traffic. This will allow you to see the approaching cars adjust your position accordingly.
4. If walking at night, wear reflective clothing.
   

CONCLUSION
You need to be aware of your surroundings and do all you can to stay safe when walking or jogging. Cross the road only when it is safe to do so. Be sure to look both ways and double check. Wear light colored and reflective clothing. When there is a sidewalk, use it. Otherwise, walk on the left side of the road.
Car crashes, motorcycle crashes, 18-wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?

by Richard Kennedy

Don’t Speak To The Insurance Company

When you hire a personal injury attorney, you are hiring someone who will protect you, inform you of the law or laws that apply to your case, fight for you to recover the most you are entitled to recover and to deal with the insurance companies.  I tell my clients, “Your job is to get better by following your doctor’s recommendations and treatment schedule and my job is to handle everything else.”

The client’s role is simple:

• Be honest
• Communicate with your attorney
• Show up for all doctor’s appointments and communicate with your providers
• Focus on recovery
• When you have questions, ask your attorney

The attorney’s role in a personal injury case is very simple:

• Be honest
• Communicate with client, insurance adjusters, defense attorneys, doctors, experts, witnesses and more
• Learn the values of the insurance policies that apply to the case
• Answer all client questions
• Explain the applicable laws to the client’s case
• Discuss strategies, strong points and weak points of the case
• Plan on how to deal with the weak points in the case (every case has at least 1)
• Determine the value range of the case
• Aggressively work to maximize the client’s recovery either through settlement or trial
• And that is just the beginning of all the work we do for our clients.

Once we are hired, our work begins. One of the first things that we do is contact all insurance companies and let them know we are representing you, our client, and that they are to only speak with us.

What happens when an insurance company calls our client after they have received this letter? We tell our clients that if this happens, tell them “Richard Kennedy is representing me. Call him,” then hang up. Depending on what the insurance company is trying to accomplish by speaking with a client who hired Richard Kennedy as their personal injury attorney, they may be breaking ethical rules, Louisiana law, or acting in bad faith.

Remember, if you have been involved in a crash, we are here to protect, advise, and fight for you, so we can maximize your recovery.

by Richard Kennedy

Injured in a crash?  Now what?  Part #2

Now that you have dealt with the police at the scene, you may still have questions.  Let us help with the next steps that you should take. This post will help provide a general guide for common steps that you should take once you leave the scene of the crash.

1. Are you injured?  If you rode in the ambulance to the hospital, you are on your way to identifying your injuries, if any, and what your next medical steps will be – as the hospitals will make recommendations or referrals for additional testing or doctors you should see.  If they simply send you home with pills and a general note to come back if pains are unbearable or to follow up with your family doctor, then you still have a general path. 
2. Medical care. You refused care at the scene but you are sore.  Many people with non-life-threatening injuries simply just want to get home where they can rest and take an over-the-counter pain reliever, hoping that the soreness and stiffness will simply go away.  What happens if it doesn’t?  You will need to seek medical attention.  Delays in treatment can hurt your case.  But it is not uncommon for those injured in a crash to try home remedies for a few weeks, because if the pain and stiffness go away, that is what you really want.  So, if you take pain relievers at home and the pain does not go away, go get checked out. Report the crash and notify the provider of how you feel and when the pains and/or stiffness begin. 
3. Notify your insurance company.  You have an obligation to notify your car insurance company of the crash.  Provide them with just the basic details of the crash. 
4. Do you have to speak with the other insurance company? NO.  You do not have to speak with them.  They will use trained tactics to get answers from you that may damage your case.  You won’t have all the answers to their questions early on. So if they call, you do not have to speak with them.  When you hire us, we handle all communications for you, removing this stress from your life.   
5. Vehicle.  If your vehicle has been towed or is drivable, make sure you get your own repair estimates.  The other driver’s insurance company will get their own repair estimate, but you are free to use a body shop of your choice, in most situations.  While your car is out of commission, you are entitled to a rental car. We are able to help with these steps and are here to answer all of your questions about the vehicle, including what happens if your car is a total loss. Take as many pictures of your car as possible.
6. Get your game plan.  Dealing with a wrecked car, your injuries, insurance companies who won’t call you back or wave a few dollars in your face is stressful.  Unless you are skilled in dealing with these situations, you need help.  That is where we step in.  We will deal with the insurance companies for you, keeping them informed as to the status of your recovery, making sure that you are getting great medical care, and informing you of your rights – what laws apply to your case, did the defendant driver break those laws, and as a result, what are you entitled to recover.

Setting up an insurance claim seems simple, but there are very important things that you should say and many questions that you may not have the answers to and should not guess.  That is where our skill comes into play and can add value to your case.  We take the time to explain to you the importance of communicating with us and your doctors.  Knowing how to explain your injuries and pain symptoms is important and you need to understand the right way to describe your pain because “it hurts here,” if not good enough.  Come back for Part #3 where we will discuss what to expect after your claim has been established.

Car crashes, motorcycle crashes, 18wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?

by Richard Kennedy

PASSING ON THE LEFT IN LOUISIANA

            Who is at fault when one driver is passing another on the left?  That depends on the specific facts of that case.  Passing on the left is considered a dangerous maneuver, and a driver of a passing vehicle is held to a higher degree of care. The left turning driver and overtaking driver collisions represent the classic comparative fault scenario.  In the case of a crash between the two, the law imposes a duty on both drivers.  The driver turning left must use their turn signal and not turn until it has been determined it is safe to do so.

            Facts needed when a left turning driver collides with a driver passing them on the left

            Imagine a driver slowing down to make a left turn and at the same time another driver is attempting to pass the “slow moving” car in front of them.  The two collide.  Who is at fault?  That is very fact specific.  Facts needed:

1. Did the lead vehicle have working brake lights and turn signals?
2. The following vehicle, how far back was it?
3. Did the lead vehicle put their blinker on to indicate a left turn?
4. How many cars was the following vehicle trying to pass?
5. Was the following vehicle completely in the oncoming lane of traffic?
6. Did the following vehicle blow its horn?

Conclusion:

            Proving fault in such cases can be complicated and it is fact driven. Often, stories do not match and there is some confusion of fact.  Each case is fact intensive and must be properly evaluated.  Documentation is key in such cases.  When possible, taking photos at the scene are extremely important because it can show the point of impact based on where the debris falls on the road.  Having a skilled attorney working with you is necessary to explain the law, its complexities, and help to maximize your recovery. If you have questions, we are here to help you. Let us maximize your recovery.

by Richard Kennedy

Red Light Runners are DANGEROUS!!

Red Mean “STOP!”

Intersections can be the busiest and most complex areas of our roadways.  In addition to facilitating the flow of traffic, they also present significant risks when drivers choose to ignore traffic signals. Red light violations are a constant problem, contributing to a substantial number of crashes each year.

Red light violations occur when a driver enters an intersection after the traffic signal has turned red. This reckless behavior can have catastrophic results.

Causes of Red Light Violations

Several factors contribute to the frequency of red light violations:

1. Driver Distraction — Smartphones and in-car entertainment systems have increased the likelihood of drivers becoming distracted.  Even before this newer technology, we had CD and cassette cases, food, other people in the car, and even daydreaming as common distractions.  A momentary lapse in attention can result in missing a red light signal.

2. Impatience and Aggressive Driving — Some drivers may run red lights due to impatience or aggressive driving behavior. They might be in a hurry or frustrated with traffic conditions, leading them to take risks without thinking that their actions endanger themselves and others.

3. Impaired Driving — Alcohol and drug impairment significantly diminish a driver’s reaction time and decision-making abilities. Impaired drivers are more likely to misjudge the timing of a red light.

4. Inadequate Signal Timing — Poorly timed traffic signals can confuse drivers and increase the likelihood of red light violations. Signals that change too quickly or do not allow enough time for vehicles to clear the intersection can create dangerous situations.

Consequences of Red Light Violations

The repercussions of running a red light can be severe:

1. Fatalities and Injuries — Red light running results in numerous deaths and injuries each year. These crashes often involve high-speed collisions, which increase the likelihood of serious outcomes.

2. Economic Impact — Beyond the human cost, red light violations also have a significant economic impact, such as: medical expenses, property damage, and wage loss.

3. Psychological Trauma — Survivors of crashes, as well as witnesses and families of victims, often experience long-term psychological effects, including post-traumatic stress disorder (PTSD), depression, stress, and more.

So What Can Be Done?

We need to Pay Attention.  Staying focused on the road, the signals, changing traffic conditions and our speed is key.  While using police presence at busy intersections or cameras may be a deterrent, if a driver is not paying attention, that driver may not even notice those additions to the intersection.  Remind yourself, your family and friends that driving is serious, requires our full attention and we must not allow frustration and distraction to control our minds while driving.  Stay focused and level-headed.  Plan ahead and don’t rush.   

Conclusion

Red light runners are a serious threat to road safety, contributing to numerous crashes, injuries, and fatalities each year. Crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?

by Richard Kennedy

Injured in a crash?  Now what?  Part #1

            Filled with adrenaline and uncertainty, you have just been involved in a crash and don’t know what to do.  This post will help provide a general guide for common steps that you should take.

1. Are you injured?  Your body is in the fight or flight stage and you may not be aware of all of your injuries as your mind and body are working to protect you and get you out of this situation.  But here are a few things to check.  Are you able to move your arms and legs? Do you feel pain anywhere? Are you scared to move or get out of your car?  Depending on your answer, it may be better to stay in your vehicle, assuming it is safe to remain inside.
2. Call 9-1-1.  Report the crash and notify the operator of your location, any injuries that you or your passengers may have suffered, and if you have been able to check on the other driver, report any injuries they may have suffered.  If you or others have been injured or if you are worried about injuries, please request the ambulance.
3. Documentation.  If you are able to safely move outside of your car, please take pictures of your car, the other car, the area where the crash happened, and anything else that you believe to be important.
4. Move your car? If instructed by the 9-1-1 operator to do so, but your car or the other car is not able to be moved, please let the operator know.  If you are on a highway, state law requires you to move your vehicles to the side, if you can do so.  If you are on any other roadway, you may consider moving to the side or to a parking lot to avoid further harm.  Before doing so, make sure to take pictures of both cars and their placement on the roadway.
5. Police.  When the police arrive, be honest and tell them what you remember happening.  You will also be asked to write a statement, if your condition allows.  This is not a school essay, but just a chance to write a short statement that may include the direction you were driving, your actions before the crash (were you stopped for traffic or a light or driving straight), and what did the other driver do or not do?
6. Ambulance.If you have any concerns, please get medical attention immediately.  Let the paramedics check you out.  They are trained professionals and will make sure that if you need medical attention, you will get help immediately. 

This is just the beginning of the journey.  Come back for Part #2 where we will discuss starting an insurance claim, the importance of hiring a skilled personal injury attorney and more.

Car crashes, motorcycle crashes, 18wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?