In Louisiana, the prevalence of car accidents leading to severe outcomes, such as traumatic brain injuries (TBIs), underscores the critical need for specialized legal assistance. The year 2022 witnessed a significant number of traffic incidents, with fatal and injury crashes highlighting the risks on our roads. These accidents have a big impact on the community and individuals, causing economic and personal hardships. 

At Huber Thomas Law, we understand the profound effects a TBI can have on a person's life and the lives of their loved ones. We have experience assisting people with TBI. We believe in advocating for victims. We make sure they receive the necessary help and financial support.  

Our legal team assists clients after car accidents by guiding them through the legal process. We provide hope and a clear path to recovery. Our approach is thoughtful and tailored to each individual case.

A traumatic brain injury is a complex injury with a broad spectrum of symptoms and disabilities. It occurs when an external force, such as a sudden blow or jolt to the head, disrupts the normal function of the brain. TBIs can vary from mild (like concussions) to severe, causing long periods of unconsciousness or memory loss. 

How TBIs Occur in Car Accidents 

• Direct Impact: When the head strikes the steering wheel, dashboard, or windows. 
• Rapid Acceleration/Deceleration: The brain moves violently within the skull, causing brain tissues to stretch and tear. 
• Penetration Injuries: Objects penetrating the skull and brain tissue, though less common, can result in severe TBIs. 

The Importance of Recognizing and Treating TBIs 

• Early Detection: Prompt recognition of TBI symptoms can significantly influence the outcome. Early symptoms may include confusion, blurred vision, headache, and difficulty concentrating. 
• Medical Evaluation: Seeking immediate medical attention after a car accident ensures that TBIs, even those that might initially appear minor, are properly diagnosed and treated. 
• Long-term Care: Some TBIs require long-term treatment plans, including rehabilitation and therapy, to address physical, cognitive, and emotional changes. 

Understanding the nature and impact of traumatic brain injuries is crucial, especially following car accidents. Recognizing the signs and ensuring timely treatment can make a significant difference in recovery and quality of life. 

Traumatic brain injury manifests through a variety of symptoms that can affect physical, sensory, and cognitive functions. Understanding TBI symptoms is crucial, especially following a car accident, where TBIs are not uncommon. 

• Physical Symptoms often include headaches, nausea or vomiting, fatigue, speech problems, and dizziness. These can signal the immediate impact of a TBI. 
• Sensory Symptoms may involve blurred vision, ringing in the ears, a bad taste in the mouth, changes in the ability to smell, and sensitivity to light or sound. These symptoms highlight the sensory disruptions that a TBI can cause. 
• Cognitive or Mental Symptoms are particularly concerning as they affect the individual's mental state and abilities. Memory issues, mood changes, sleep problems, and confusion are signs of cognitive effects from a TBI. 

The importance of monitoring these symptoms cannot be overstated. While some symptoms appear right after the accident, others may take days or weeks to manifest.  

Early detection and medical assessment are key to managing the injury effectively and preventing long-term complications. A comprehensive medical examination is essential after any head injury to ensure that any TBI is accurately diagnosed and treated, paving the way for a healthier recovery. Recognizing and addressing these symptoms promptly can significantly influence the recovery trajectory and quality of life post-accident. 

Car accidents can lead to a range of traumatic brain injuries, each varying in severity and impact. It's crucial to know about these injuries, as the state has high rates of accidents resulting in severe injuries and deaths. 

Concussions 

Perhaps the most common type of TBI, concussions can occur even in minor accidents. The brain shakes inside the skull, causing temporary loss of normal brain function. Symptoms can include headaches, confusion, dizziness, and temporary loss of consciousness. 

Contusions 

Bruises or bleeding on the brain can happen where the impact occurred or on the other side in severe cases. Contusions may require surgical intervention if they lead to increased pressure on the brain. 

Coup-Contrecoup Injuries 

Coup-contrecoup injuries involve contusions at both the site of the impact and on the opposite side of the brain. This occurs when the force is enough to cause the brain to slam into the opposite side of the skull, causing a second contusion. 

Diffuse Axonal Injuries (DAI) 

High-speed accidents can cause DAI, where the long connecting fibers of the brain (axons) are sheared as the brain rapidly shifts and rotates inside the skull. DAIs can lead to coma or persistent vegetative state and are one of the more devastating types of brain injuries. 

Penetrating Injuries 

These are less common in car accidents but can occur in severe cases involving shattered glass or metal debris. Such injuries happen when an object penetrates the skull, causing direct damage to the brain tissues. Penetrating injuries are often life-threatening and require immediate medical attention. 

If you or a loved one has suffered these or other brain injuries in a car accident, contact Huber Thomas Law for a free consultation.  

Suffering a traumatic brain injury (TBI) in a car accident can be a pivotal moment, demanding immediate and strategic actions not only for health recovery but also for potential legal considerations. Here's how to navigate the aftermath effectively. 

• Seek Medical Attention Immediately: Even if symptoms seem mild, a thorough medical evaluation is crucial. Early diagnosis can significantly influence recovery outcomes. 
• Document Everything: Keep a detailed record of all medical visits, treatments received, and symptoms experienced. This documentation can be vital for legal claims. 
• Monitor Symptoms: TBIs can have delayed symptoms. Regular monitoring helps in identifying any changes or deteriorations in condition. 
• Consult a Specialist: For a complete evaluation, it is recommended to visit a neurologist or brain injury specialist. They can provide an accurate diagnosis and create a treatment plan. 
• Legal Consultation: Considering the complexities surrounding TBI claims, consulting with a law firm experienced in handling such cases is crucial. Legal experts can offer guidance on protecting your rights and ensuring fair compensation. 

The importance of medical documentation cannot be overstated. It serves as a foundational element in the legal process, substantiating the extent of injuries and the impact on your life. This meticulous approach not only aids in your recovery journey but also strengthens your legal position, ensuring you are rightfully compensated for your losses and suffering.

For victims of traumatic brain injuries resulting from car accidents, navigating the aftermath can be overwhelming. Legal representation plays a pivotal role in not only seeking justice but also ensuring financial stability through compensation. Here's how a personal injury attorney can be instrumental. 

• Expertise in TBI Claims: Specialized attorneys understand the complexities of TBI cases, from medical terminology to the nuances of legal claims, ensuring a thorough and effective representation. 
• Maximizing Compensation: Attorneys adept in TBI cases work diligently to secure compensation covering medical bills, ongoing treatment costs, lost wages due to time off work, and even future earnings lost due to the injury's impact. Moreover, compensation for pain and suffering, both physical and emotional, acknowledges the profound personal impact of a TBI. 
• Navigating Insurance Negotiations: Experienced legal representation is crucial in dealing with insurance companies, often resulting in significantly higher settlements for the injured party. Attorneys can navigate the intricate processes and negotiations, ensuring that they do not shortchange victims. 
• Litigation Support: If a fair settlement cannot be reached through negotiations, a skilled attorney is prepared to take the case to court, advocating passionately on the victim's behalf. 

Our team in Louisiana has successfully handled cases of traumatic brain injury. They have won large settlements and verdicts that demonstrate the severity of the injuries and their impact on the victims' lives. Our commitment is to not only achieve the compensation our clients deserve but also to support them through their recovery journey, providing a foundation for rebuilding their lives post-accident. 

Traumatic Brain Injuries (TBIs) can occur in a wide variety of situations beyond car accidents, affecting individuals in environments ranging from the workplace to recreational activities. At Huber Thomas Law, we extend our expertise across a spectrum of personal injury cases where TBIs are a significant concern.  

Trucking Accidents 

The massive size and weight of semi-trucks pose a heightened risk of TBIs in collisions. Navigating the complex web of parties involved—from trucking companies to manufacturers—requires seasoned legal expertise to ensure victims receive the compensation they deserve after a trucking accident.  

Rideshare Accidents 

With the rise of Uber and Lyft, rideshare accidents present unique legal challenges. Our experience in tackling these cases head-on ensures that our clients are well-compensated for their injuries, including TBIs. 

Motorcycle Accidents 

Motorcyclists are particularly vulnerable to TBIs due to the lack of protective barriers. Our firm specializes in reconstructing motorcycle accidents to establish fault and secure rightful compensation for our clients. 

Bicycle and Pedestrian Accidents 

Bicyclists and pedestrians share the road with vehicles, making them susceptible to TBIs in the event of a bike or pedestrian accident. We are adept at navigating the complexities of these cases, ensuring that the rights of the injured are fully protected. 

Boats, Vessels, and Maritime Injuries 

TBIs can also occur on or near water, where maritime laws come into play. Our Louisiana-based firm is well-versed in the nuances of maritime injuries, offering specialized representation for those injured on the job or in recreational boating accidents. 

Premises Liability 

TBIs can happen on properties due to slips and falls, inadequate maintenance, or insufficient security. Our legal team is skilled in proving fault and securing compensation under premises liability law. 

At Huber Thomas Law, we understand that TBIs can have life-altering consequences, regardless of the cause. Our extensive experience across these practice areas ensures that we offer comprehensive legal representation tailored to the specific needs of TBI victims, advocating for their rights and securing the compensation they need to recover and rebuild. 

A traumatic brain injury can change a person's life, affecting their health, job, and future in significant ways. The path to recovery is often long and challenging. Recognizing the extensive impact of TBIs and the complexity of legal matters surrounding them underscores the necessity of skilled legal representation. 

At Huber Thomas Law, we are committed to providing compassionate and comprehensive legal services to individuals affected by TBIs. Our team can help with personal injury cases. We have the knowledge and tools needed. Our goal is to ensure our clients receive the maximum compensation for their injuries. 

We understand the nuances of each case, whether it involves negotiating with large trucking companies, challenging rideshare corporations, or proving fault in accidents involving motorcycles, bicycles, and pedestrians. 

Our goal is to alleviate the burden on our clients so they can focus on their recovery. By handling the legal intricacies, we strive to secure the financial support necessary for medical bills, lost wages, and pain and suffering, thereby enabling our clients to rebuild their lives with dignity and security. 

If you or a loved one has suffered a TBI, know that you are not alone. Huber Thomas Law stands ready to advocate on your behalf, ensuring that your rights are protected and your future is secured. Let us help you navigate this challenging journey towards recovery and justice. 

Road debris-related accidents are very common on roads across the country. From country roads to highways to city streets, debris can create unpredictable and dangerous situations for motorists in our state. Every year, debris causes an estimated 50,000 crashes.

These accidents can cause a range of outcomes, from minor inconveniences to severe injuries or even fatalities. ABC News reported that road debris causes 440 deaths per year. With these facts in mind, Louisiana drivers need to recognize the impact road debris has on their safety.

If you're in a debris accident, it's important to understand the legal implications. Huber Thomas Law has helped Louisiana victims of debris-related accidents navigate the legal processes. Our first step? Equipping you with what you need to know.

Driving around Louisiana streets, you’ve probably seen various types of debris on the roads. Tree limbs after major storms, trash and litter in high-traffic areas, and rogue construction materials are all common sights to see.

Causes and types of debris can vary. Knowing each of them allows your legal team to determine the best course of action in seeking compensation.

Types of Road Debris

Road debris refers to any foreign objects or materials that have unintentionally found their way onto roadways. These objects pose hazards to vehicles, drivers, and passengers. These can include items such as:

• Rocks
• Tree branches
• Tire shreds
• Construction materials
• Trash and litter

Debris can also include other objects that can obstruct traffic flow and lead to accidents.

Factors Contributing to Road Debris

Negligence of Individuals or Companies

Road debris incidents are frequently linked to negligence on the part of individuals or companies. This can involve:

• Improperly secured loads: Cargo, equipment, or materials that are not adequately secured on vehicles, leading to spillage on the road.
• Littering: Individuals discarding trash or objects from their vehicles negligently.
• Failure to maintain vehicles: Inadequate maintenance of vehicles can result in parts or debris falling off.
• Construction site oversight: Construction companies failing to adequately manage their worksites, allowing materials to spill onto roadways.

Poor Road Maintenance

Inadequate road maintenance is another common contributor of road debris. This may involve:

• Crumbling road surfaces: Deteriorating asphalt or concrete that generates loose stones or potholes.
• Lack of regular cleaning: Failure by local authorities to clean and clear debris from roadways.
• Overgrown vegetation: Trees and shrubs that overhang roads can shed branches and foliage, particularly in adverse weather conditions.

Everyone plays a part in ensuring the safety of themselves and others on the road. Understanding these legal responsibilities is essential for all parties involved in road debris accidents.

Knowing these responsibilities helps determine liability if an accident occurs. It also highlights the importance of proactive measures in preventing road debris-related accidents.

General Road Users

All road users must practice reasonable caution to prevent accidents. In accidents caused by road debris, it's important to avoid making or adding to dangerous situations.

Government Agencies

Government agencies, such as state and local departments of transportation, have a critical role in maintaining safe roads. Their responsibilities include:

• Regular road maintenance: Ensuring that roads are free from hazards like potholes, loose gravel, and overgrown vegetation.
• Prompt debris removal: Clearing road debris and litter to prevent accidents.
• Monitoring construction sites: Overseeing construction projects to ensure materials and debris do not pose a risk to road users.
• Signage and warnings: Providing appropriate signage to warn drivers of potential hazards.

When government agencies fail to fulfill these responsibilities, they can potentially be held liable for accidents resulting from their negligence.

Drivers

Drivers have a legal obligation to operate their vehicles safely and with due regard for the road conditions. This includes:

• Maintaining proper following distance: Ensure there is enough space between vehicles to react and maneuver safely if you encounter road debris.
• Staying within speed limits: Adhering to posted speed limits to have adequate time to respond to unexpected road hazards.
• Avoiding distractions: Staying focused on driving and not engaging in activities that divert attention from the road.

If a driver fails to exercise these responsibilities and causes an accident due to road debris, they may be held liable for their negligent actions.

How is negligence proven in a road debris related accident?

Evidence at the Scene of Accident

The first step is collecting and reviewing all evidence at the accident scene. This documentation can help prove negligence. Evidence includes:

• Photographs and videos of scene, road conditions, and position of debris
• Police reports and accident records that may detail the cause of accident
• Vehicle damage assessments to determine the cause of collision
• Road debris samples

Eyewitness Testimony and Expert Opinion

Eyewitness testimony can be invaluable in confirming the circumstances of the accident. Expert opinions can also provide a professional assessment of the events leading to the accident.

Who may be responsible for the debris-related accident?

Negligent Drivers

Sometimes, the driver may be partly or fully blamed for the accident if they couldn't avoid road debris or react properly. Proving their negligence often involves:

• Demonstrating a lack of reasonable care: Establishing that the driver did not exercise due caution when encountering road debris.
• Establishing causation: Showing that the driver's actions or inactions directly contributed to the accident.

Government Agencies or Contractors

If poor road maintenance or inadequate construction site oversight is identified as a factor in the accident, government agencies or contractors may be liable. To establish their liability, we may consider:

• Demonstrating negligence: Proving that the government agency or contractor failed in their responsibilities, such as maintaining safe roads or controlling construction site debris.
• Complying with legal requirements: Ensuring that they adhere to laws and regulations related to road maintenance and construction safety.

Companies Transporting Materials

Companies involved in transporting materials can also be held accountable if their actions contributed to the presence of road debris. To establish their liability, we may need to:

• Examine load securing practices: Determine whether the company properly secured materials on their vehicles to prevent spillage.
• Review safety protocols: Assess whether the company followed safety regulations and guidelines for transporting materials.

How is liability determined in a debris-related accident?

Liability in a debris-related accident depends on how the accident occurred. Below we’ll review the typical scenarios.

Liability of the Driver Who Hit the Debris

When a driver hits road debris, their liability may depend on factors such as:

• The driver's ability to avoid the debris safely.
• Whether they were driving at a safe speed and maintaining an appropriate following distance.
• Their responsiveness to the sudden appearance of debris.

Liability When Road Debris Causes a Chain Reaction

In cases where road debris triggers a chain reaction of accidents involving multiple vehicles, liability can be complex. Determining liability often involves:

• Analyzing each driver's actions leading up to the accident.
• Identifying which drivers could have reasonably avoided the initial debris collision.
• Considering whether the drivers behind the initial collision were following at a safe distance.

Liability When Debris Falls from a Vehicle or Construction Site

When debris falls from a vehicle or a construction site, liability may rest on the responsible parties, including:

• The driver of the vehicle responsible for the debris.
• The construction company or site manager overseeing safety protocols and debris containment.

Like other types of vehicle accidents, compensation is available for victims. Compensation can cover a range of needs, depending on the physical injury or property damage that occurred. Below are the options available if you’ve been involved in a debris-related accident.

Medical Expenses

Victims of road debris accidents often incur medical expenses, including:

• Emergency medical treatment
• Hospitalization and surgery
• Rehabilitation and therapy
• Medications and ongoing medical care

Property Damage

Road debris accidents can cause significant property damage, including:

• Vehicle repair or replacement
• Repairing or replacing personal belongings inside the vehicle
• Damage to other property such as homes or businesses in the vicinity

Lost Income and Future Earnings

Injuries can cause victims to lose income and may also impact their ability to earn money in the future. Compensation may include:

• Lost wages and benefits
• Diminished earning capacity
• Compensation for time away from work for medical appointments

Pain and Suffering

Road debris accidents can cause pain and suffering, and people may seek compensation for the following damages:

• Physical pain
• Emotional distress
• Reduced quality of life
• Psychological trauma

As with any legal case, there are extenuating circumstances that may affect the level of liability and compensation. Below are circumstances you should be aware of regarding your debris-related accident.

Statute of Limitations

Victims must be aware of the statute of limitations, which sets a time limit for filing a legal claim. Failing to meet this deadline may result in the loss of the right to seek compensation.

Comparative Negligence

In some cases, multiple parties may share liability for an accident. Understanding comparative negligence laws is crucial as it determines the distribution of responsibility and compensation.

Taking the following steps after a road debris accident will help protect your rights and interests. Adhering to these steps may also increase the likelihood of a successful legal outcome.

Report Accident to Authorities

If you've been involved in a road debris accident, it's crucial to report the incident to the appropriate authorities, such as the police or highway patrol. This action creates a formal record of the accident, which insurance claims and legal matters may require.

Seek Medical Attention

After a road debris accident, the well-being of all involved parties is paramount. Even if you feel fine immediately after the incident, it's advisable to seek medical attention. Injuries may not show symptoms immediately, so a medical check-up can find and treat any hidden injuries quickly.

Collect Evidence and Documentation

Gathering evidence and documentation is vital for building a strong case if you decide to pursue legal action. This may include:

• Photographs and videos of the accident scene, debris, and vehicle damage
• Eyewitness contact information and statements
• Police reports and accident records
• Medical records and bills related to injuries
• Repair estimates or invoices for vehicle damage
• Any correspondence with insurance companies

Consult with a Personal Injury Attorney

Consulting with a qualified personal injury attorney like Huber Thomas Law is an essential step in seeking compensation and navigating the legal process. An experienced attorney can:

• Assess the strength of your case and potential liability
• Provide legal guidance and expertise throughout the claims process
• Help negotiate with insurance companies or represent you in legal proceedings
• Ensure that you receive fair and just compensation for your injuries and losses

In the wake of a road debris accident, the guidance and expertise of a personal injury attorney are invaluable. Our team at Huber Thomas Law helps victims of complex cases seek the compensation they deserve.

We will assess liability, gather evidence, negotiate with insurance companies, and represent you in legal proceedings. Get started on your journey to justice by contacting Huber Thomas Law today.

In the city of New Orleans, we have no shortage of spectacle. From parades to costumes to street performers, there are many moments that captivate our attention. We crane our necks to get a better view of the fun and exciting sights that occur day-to-day in our city.

On a more serious note, New Orleans is experiencing a rise in traffic accidents. When these accidents occur on busy thoroughfares, it is common for other drivers to take a peek at what occurred. Curiosity and concern for safety makes it enticing to look at the accident.

However, these distractions have the risk of becoming dangerous, especially if we are driving past them. They are just as dangerous as looking at our phones, falling asleep at the wheel, and other similar disruptions. When other events on the road distract you, many people call these instances "rubbernecking."

At Huber Thomas Law, we help drivers, pedestrians, and cyclists all over New Orleans navigate their claims after a traffic accident. We protect their interests, ensuring they receive the maximum compensation they deserve. Here's some advice on rubbernecking cases and what to do if you're in this kind of accident.

What is rubbernecking?

Rubbernecking is the act of diverting your attention away from the road and towards something of interest. It is a common yet dangerous behavior on the road. It is most often done when people slowly pass by an accident, emergency, or some other unusual or captivating event.

What is the origin of the term “rubbernecking?”

After reading the definition, you can probably guess why it is called “rubbernecking.” When people engage in rubbernecking, they typically crane their necks to get a better view. They stretch and strain to catch the details in front of them. It may seem harmless, but this diversion of attention can then lead to traffic hazard or traffic disruption.

What are the hazards of rubbernecking?

Rubbernecking may seem benign, but it is very dangerous. Rubbernecking can be dangerous as it diverts attention and may cause accidents for those involved.

It can also lead to a ripple effect of accidents and traffic congestion. This is especially problematic on highways and busy roads.

What is the law enforcement stance on rubbernecking?

Law enforcement strongly advises people to keep their attention on the road. There are so many sights that could catch our eye when we’re on the road, but it takes us away from the task at hand.

In some cases, law enforcement may take action. They may issue fines for those who egregiously slow down and stare at accidents or events on the road.

While rubbernecking can sound benign, the consequences are far reaching. It is another reminder that safe and attentive driving is important for our own wellbeing –and the safety of others.

In most jurisdictions, the simple act of rubbernecking is not typically illegal. Law enforcement strongly advises drivers to stay focused on the road to avoid the problems that result from rubbernecking.

In fact, rubbernecking can lead to serious illegal offenses or violations of traffic laws. Below are a few incidents than can occur from rubbernecking:

Distracted Driving

Rubbernecking is distracted activity. People divert their attention away from the road and towards something of interest. This distraction can lead to traffic accidents and violations.

Following Too Closely

Slowing down to view an accident on the side of the road may cause issues. Abrupt slowdowns can cause vehicles behind to crash or pile up.

Impeding Traffic Flow

If a driver unnecessarily slows down, it can cause a disruption to the flow of traffic. Disrupting the flow of traffic is a violation of traffic laws.

Obstructing Emergency Responders

Emergency responders will need to navigate through traffic to assist the collision of interest. Rubbernecking can cause them delays and disruptions in accessing the scene of the accident or emergency. Obstructing emergency responders can lead to legal consequences.

A rubbernecking accident may look like other types of vehicle accidents. Therefore, the procedures you should follow are the same. If rubbernecking caused your involvement in an accident, you must ensure your safety. You will want to comply with all necessary legal and insurance procedures.

Here's what you should do:

1. Check for Injuries: Your top priority is to check yourself and any passengers for injuries. If anyone is hurt, call emergency services immediately. If it's safe to do so, remove your vehicle out of the flow of traffic. This will help you mitigate additional accidents and injuries.

2. Share Information with Others Involved: No matter who is at fault, you will want to exchange information with all others involved. This involves exchanging names, contact information, insurance details, and vehicle registration information.

3. Document the Accident: If it safe for you to take photos, document the accident scene. You will want to use your smartphone or camera to capture vehicle damage, license plates, road conditions, and any visible injuries. This documentation can be helpful for insurance claims and legal purposes.

4. Contact Authorities: Report the accident to the police. Even if the accident is minor, you will want an official police report. This will come in handy later when conducting insurance claims and legal proceedings.

5. Collect Witness Information: If there were any witnesses to the accident, ask for their contact information in case their statements are needed later.

6. Call Your Insurance: Get in touch with your insurance company ASAP. When you report the accident to them, be sure to provide accurate and detailed information about what happened. Follow their instructions for filing a claim.

7. Seek Medical Attention: Even if you don't believe you're seriously injured, it's a good idea to seek medical attention after an accident. Not all injuries are obvious right away. Getting a medical check-up can make sure you get the right treatment and have a record of your injuries.

8. Cooperate with Authorities: Follow any instructions given by law enforcement officers at the scene. Be truthful and provide accurate information.

9. Avoid Blame and Apologies: Do not admit fault or apologize for the accident, as this could be used against you in insurance claims or legal proceedings.

10. Consult an Attorney: If the accident resulted in significant injuries, property damage, or disputes with insurance companies, consider consulting with a personal injury attorney. A team like Huber Thomas Law can help protect your rights and navigate the legal process.

Every accident is different, so the actions you should take can vary based on the situation and laws in your area. Always prioritize safety and follow the guidance of law enforcement and your insurance company.

Liability in a rubbernecking accident is determined similar to other types of accidents. It depends on the unique circumstances of the incident. Liability will not be determined until all actions and behaviors of those involved are reviewed.

Common situations may include:

The Rubbernecker is At Fault

If the rubbernecker was distracted and driving without caution, they may be found at fault. They will have to work with their liability insurance to cover vehicle damage and passenger or driver injuries.

The Other Driver is At Fault

There may be cases where the rubbernecker shares responsibility with another driver. If another driver follows too closely, speeds, or makes an unsafe maneuver, it may contribute to an accident with the rubbernecker.

A Third Party is Involved

Liability is complex, and situations may involve other parties. Pedestrians or cyclists may also find themselves in these rubbernecking accidents. Liability will be determined based on the specific actions of all who were involved.

Comparative Negligence

There may be some instances where multiple drivers share liability. A rubbernecker and another driver or third party may be at fault. If this is determined, damages will be apportioned according to their degree of fault.

Determining liability is always a complex matter. Your insurance company and legal team will weigh all evidence in order to determine who was at fault in the accident. Sometimes, this isn’t enough. Battles may ensue as a result of disputes or disagreements of liability.

If you find yourself involved in a rubbernecking accident, you need to protect your interests. This begins by following all proper procedures: contacting the police, exchanging information with other drivers, and documenting the scene.

Even further, you will want a legal team on your side. Huber Thomas Law team will guide you, reduce stress, and make sure you get the compensation you deserve.

No matter the type of vehicle accident, legal representation is paramount. In a rubbernecking case, finding a reputable attorney to handle your case is important for several reasons:

1. Determining Liability: Determining fault in a rubbernecking-related accident is not easy. Facts of the case must be reviewed in order to determine liability. Our legal team at Huber Thomas Law investigates circumstances thoroughly, gathers evidence, and interviews witnesses to determine liability. It is how we begin relentlessly pursuing compensation for injuries and damages.

2. Navigating Insurance Claims: Insurance companies notoriously undercut compensation. Attorneys, like those at Huber Thomas Law, can negotiate with insurance adjusters to ensure you receive fair compensation. We can also help you understand your insurance policy and any potential limitations.

3. Understanding Your Rights: When you are involved in a legal matter, you need to be aware of your rights and options. Our legal professionals can provide guidance on the best course of action. We'll give you advice on whether to make a personal injury claim, settle, or go to court.

4. Maximizing Compensation: An attorney can help you seek maximum compensation for medical bills, property damage, lost wages, pain and suffering, and other damages resulting from the accident. They can calculate the true value of your claim and ensure you don't settle for less than you deserve.

5. Dealing with Legal Complexities: Legal processes can be complex, with various deadlines, paperwork, and legal procedures to follow. Huber Thomas Law can handle complex tasks for you, ensuring correct document filing and meeting important deadlines.

6. Fighting for Justice: If your case goes to court, our attorneys can represent your interests. We’ll present a strong legal argument on your behalf. We will tirelessly advocate for your rights and ensure that we hold the responsible parties accountable for their actions.

7. Reducing Stress: Dealing with the aftermath of an accident, including injuries and property damage, can be incredibly stressful. We will shoulder the legal burden, allowing you to focus on your recovery and well-being.

8. Access to Resources: You don’t need to handle this on your own. We have access to resources, such as accident reconstruction experts and medical experts. This access allows us to provide you with valuable insights and testimony to strengthen your case.

In short, seeking legal help after a rubbernecking incident is essential. A legal team can assist you with your rights. They can also increase your chances of fair compensation. Additionally, they can help reduce the stress of legal processes.

Our lawyers at Huber Thomas Law are skilled and will guide you through the entire process. They will work diligently to ensure that you receive the justice and compensation you deserve.

With Huber Thomas Law, you have a formidable ally in your corner. We understand that dealing with the aftermath of rubbernecking accident can be a challenging and overwhelming experience. Having a seasoned car accident lawyer in New Orleans by your side can truly make all the difference.

At Huber Thomas Law, we believe in putting our clients first. That's why we offer free consultations to discuss the specifics of your case. It's an opportunity for you to get to know us, and for us to understand your unique situation. We'll provide you with insights, answer your questions, and help you chart the path forward. Don't carry the burden alone – let us stand by your side. Schedule your free consultation today, and let's take the first step toward achieving the resolution you seek.

Rideshare services, like Uber and Lyft, have provided a convenient form of travel for millions of people around the country. In the U.S., Uber alone accounts for 14 million trips taken every day. Rideshare services have made trips to and from airports, restaurants, bars, and concerts faster and safer for travelers in New Orleans – saving time on parking and reducing the risk of drunk driving.

Much like other forms of travel, rideshare services carry potential risks. University of Chicago researchers found that ridesharing services in a city were associated "with an increase of approximately 3% in the number of motor vehicle fatalities and fatal accidents."

Whether you are a passenger, driver, or third party involved in a rideshare accident, it’s important to understand your rights.

In a rideshare service, a passenger is transported in the driver’s personal vehicle in exchange for payment. Think of all of the potential risks of driving your own personal vehicle. You could collide with another car, bicycle, or pedestrian. These accidents also have the potential of occurring when a service like Uber or Lyft is involved.

However, there are additional legal stipulations due to the involvement of the rideshare company, Uber or Lyft, in providing this service. At Huber Thomas Law, we are experienced in handling rideshare accident claims, and we want to empower you with the knowledge below.

Common Causes of Rideshare Accidents

Knowing that accidents can occur in your own vehicle, you can quickly understand that these risks also apply to rideshare services. Below are a few of the common causes of rideshare accidents.

Distracted Driving

An accident can occur between a rideshare driver and another driver as a result of distracted driving. Distractions like phone calls, texting, navigation adjustments, or rideshare app interactions can keep a driver from maintaining focus on the road.

Recklessness

Reckless behavior like aggressive driving and disobeying traffic laws can cause harm on the road. An accident may occur as a result of a rideshare driver or another driver exhibiting aggressive or illegal behavior.

Fatigue

Some Uber and Lyft drivers, and other drivers on the road, may work long days and into the night hours. An accident has the potential of occurring if fatigue has impaired driving abilities.

Improper or Inadequate Maintenance

Rideshare drivers must keep their vehicles maintained and up to date in order to keep themselves and their passengers safe. If brakes, taillights, tires, or other vehicle components become worn, they have the potential to cause an accident.

Unsafe Weather

Adverse conditions, such as rain or fog, can cause risks on the road. If a driver is unequipped to handle such weather, they may be at fault for any accidents that occur when driving during these conditions.

Inexperience

Uber and Lyft require that all drivers maintain the minimal requirements to operate an automobile. However, a rideshare driver or another driver on the road may lack experience or qualifications which can lead to an accident.

Many factors are usually at play when a rideshare accident occurs. An experienced legal team like Huber Thomas Law can evaluate the facts of the case and determine whether negligence was at play.

Potential Harm Resulting from Rideshare Accidents

Rideshare accidents can lead to physical, emotional, and financial harm. Below are a few of the impacts of a rideshare accident.

Physical Injury

A physical injury from a car accident may be minor, including cuts and bruises, to major, such as broken bones, head injuries, or internal injuries.

Emotional Distress

An accident is a very traumatic experience. Those who have been involved in major vehicle accidents often experience emotional impacts afterward, including post-traumatic stress disorder (PTSD), anxiety, and depression.

Property Damage

Accidents can occur that not only cause damage to one or more vehicles but also to surrounding structures, such as fences or poles. These may require replacements or repairs.

Lost Wages

If an injury occurs that keeps an individual from working, lost wages are considered damages resulting from an accident. These lost wages can cause financial strain and impact a person’s livelihood.

Medical Expenses

The cost of ER visits, hospitalization, surgeries, and other medical treatments can add up. Medical expenses can be considered in a rideshare accident claim, as they impact the financial health of an individual involved.

After an accident, your safety should be your number one priority. Not only is it important to seek qualified medical evaluations, but also legal evaluations. A dedicated team like Huber Thomas Law can assess the damages that occurred as a result of the accident and determine the right compensation for you.

As more people use rideshare services, accidents are more likely to occur. The legal field is quickly acclimating to this new area of law, and Huber Thomas Law has been at the forefront of representation in these cases. We bring our specialization in personal injury to these unique cases, helping our clients recover emotionally, physically, and financially.

Whether you are a passenger, driver, or third party involved in the accident, it’s important to know the proper steps to take.

Seek Medical Attention

Safety is the number one priority after an accident. Call for medical assistance if you or anyone involved has been injured as a result of an accident. Even if you do not feel injured at the moment, medical evaluation is essential. Some injuries may have delayed symptoms.

Call Law Enforcement

It’s necessary to contact the police and file a report that details the incident. This will be a vital document when submitting a claim for damages. Be sure to provide detailed information about the incident, including parties involved, location, and injuries sustained.

Report the Incident to the Rideshare Company

Rideshare companies have a process for reporting incidents. You will need to report the accident within your rideshare app, following their guidelines for doing so. The only information you need to provide is the date, time, and location of the accident, as well as any injuries or property damage incurred.

Gather Photos and Videos

Be sure to take photos and videos of the accident scene. Documenting the scene is important for both insurance and legal claims.

Exchange Information

Make sure to gather all parties involved in the incident's names, contacts, insurance, and license plate information. In a rideshare accident, be sure to document who is who between the driver, passenger, and third-party involved – and identify the name of the rideshare company.

Get Witness Information

If there are any observers of the accident, obtain the name and contact information of these witnesses. Their stories may be valuable in legal testimony determining liability in a rideshare accident.

Do Not Admit Fault

Whatever you do, do not admit to any fault in the rideshare accident. This may be interpreted as an admission of guilt. If you believe you are at fault, withholding this sentiment is still important. An accident is complex, and it’s important to not make any assumptions.

Report the Accident to Your Insurance

Be sure to call your insurance company to report the accident, even if you were a passenger. Provide information and details about the accident and follow the directions your insurance company provides. Do not talk to the rideshare company’s insurance or representatives without legal counsel. 

Find Legal Counsel

Your next step is to get a legal team in your corner. Huber Thomas Law will help you understand your rights and navigate the complexities of the incident and resulting claims.

Keep All Documents

As you navigate reporting the incident and recovering from injury, keep all documentation safe and secure. Documents like medical records, police reports, insurance correspondence, and other information may be used as evidence in legal proceedings.

Follow All Medical Treatment and Expenses

Be sure to keep up with your prescribed medical treatments and document all medical expenses related to the accident. These records will be useful in establishing damages and pursuing compensation.

When dealing with insurance claims, medical bills, and lost wages after a rideshare accident, it’s important to find legal support. Rideshare accidents can be devastating, whether you were the passenger, rideshare driver, or even someone else on the road.

Our experienced team at Huber Thomas Law can walk you through the process of getting the compensation you deserve. We have helped bring numerous cases to trial, securing millions for our clients. We’ll help you navigate the complexities of rideshare accidents, deal with insurance companies, determine liability, and understand legal procedures.

What should I do if I’m a passenger in a rideshare accident?

If you were the passenger in a rideshare accident, follow the steps outlined above and summarized below.

1. Seek medical attention.
2. Contact local authorities to file a police report.
3. Call your own insurance company, even though you were the passenger.
4. Report the incident to the rideshare company; however, do not talk to the rideshare company’s insurance or representatives without legal counsel. 
5. Document the scene and gather contact information of all parties involved, including witnesses.
6. Keep all medical, insurance, and police records.
7. Seek legal counsel.

What should I do if the rideshare driver is at fault?

If you believe the rideshare driver was at fault, follow the steps outlined above. It’s important that you fully document the scene, including photos of the rideshare signage within their vehicle.

Remain calm and do not assume fault. Bring all evidence and a description of the incident to a legal representative. An attorney will be able to review the facts of the case and determine the responsible party's liability.

How can I determine liability in a rideshare accident?

Determining liability in a rideshare accident is a complex issue. It requires reviewing all evidence, including photos and videos taken at the scene and police reports. To determine liability, you must also understand local laws and regulations, as well as rideshare company policies.

A legal representative with experience in rideshare accidents can take this stressful analysis off your shoulders. At Huber Thomas Law, we fully understand the complexities of navigating rideshare accident cases. We’ll review all of the facts of the case and help you determine liability.

What damages can I recover in a rideshare claim?

The full amount of damages that one can receive in a rideshare claim depends on local laws and regulations, the extent of the harm, and facts regarding the incident. A few of the damages that one could seek compensation for include:

1. Medical bills
2. Property damage
3. Lost wages
4. Emotional distress
5. Disability
6. Loss of consortium
7. Punitive damages

By working with Huber Thomas Law, we’ll take into consideration all of the harm done and ensure you receive the maximum compensation you deserve.

How long do I have to file a rideshare accident claim?

For the state of Louisiana, the statute of limitations for all vehicle claims is one year from the date of the accident. Do not hesitate if you have been injured in any way following a rideshare accident.

Car accidents are overwhelming and exhausting. In the minutes and hours after a crash, you’re probably shaken up and grateful to be alive. However, injuries and property damage quickly become daunting issues. From mounting bills to calls from the insurance company, there is a lot to juggle.

To make matters more difficult, anything you say may be used against you. This is why it’s essential to have the best car accident attorney New Orleans has to offer.

Read on for details regarding the when, why, and how of choosing a lawyer to represent you after a Louisiana car accident.

Lawyers spend years learning the intricate details of different types of law. For a car accident attorney in New Orleans, that means an extensive focus on Louisiana driving regulations. Plus, any nuanced variables that have an effect on New Orleans specifically.

Here are a few ways a car accident lawyer in New Orleans may assist you after an accident:

• Informing – Because the average person doesn’t regularly encounter legal jargon, they usually aren’t familiar with their unique rights. A lawyer can help you understand the driving laws in New Orleans, explaining whether you were or were not at fault.
• Advising – Competing interests can quickly complicate the details surrounding an accident. The other party, witnesses, and insurance companies will all likely have different opinions on what happened. It’s important to sort through the differing opinions with an expert. A well-versed car accident attorney in New Orleans will properly advise you.
• Negotiating – Very few cases go to court, which means negotiation is an important part of the process of securing compensation. A reputable car accident attorney can handle these meetings with the other party, as well as their lawyers and insurance company. This gives you the opportunity to focus on your recovery.
• Litigating – In the rare case that an agreement can’t be reached through negotiations, you need an attorney to represent you in court. A lawyer who has walked with you throughout the entire process from day one will have the knowledge to bring forth a strong case. This may help secure the compensation you need for medical bills, damages, lost wages, and much more.

Navigating the complexities of the legal system can be difficult, especially when you’re trying to recover from an accident. The good news is, a New Orleans car accident lawyer can be incredibly helpful in these situations.

Here are three instances that definitely require legal representation after a car accident:

• You were injured in the accident
• Your passenger(s) were injured in the accident
• There’s significant and costly property damage

When these factors are at play in a car accident, there will be higher claims. This goes for both medical costs and vehicle repairs or replacement. Compensation to cover these expenses is crucial. An attorney’s job is to look at all of the factors to ensure your settlement covers all of these costs, allowing you to get back to your life.

Alternatively, if you were in a minor accident, but feel overwhelmed by the claims process, you should also contact an attorney. There are times when insurance companies and other parties do not cooperate or act fairly. When you feel in over your head, it’s important to ask for help.

Finding a car accident attorney in New Orleans is easy when you know what to look for. Likewise, most attorneys will provide free consultations. This allows you to have a few meetings and make a choice based on who made you feel the most comfortable.

It’s also important to note that most attorneys will take your case on contingency. That means you won’t pay anything upfront unless the attorney helps you win your case or reaches a fair settlement.

Here are important characteristics to look for in a New Orleans car accident lawyer.

Availability

Organization and availability are crucial when it comes to running a law practice. The attorney you work with should have lines of communication open at all times. Look for a law firm that has a team of legal assistants who are available to provide updates on your case when you need them the most. Likewise, you should be able to schedule a meeting within a reasonable amount of time if you need a face-to-face update.

Experience

Although education is important, nothing can compare to experience. Your team should have many years of work experience in the area of automobile accidents. This allows for a unique perspective and familiarity with traffic laws that are at play after a Louisiana car accident. It’s also important to hire an attorney with extensive courtroom experience in the event that your case requires litigation.

Honesty

It’s important to know the prospects of your case before things get underway. Your New Orleans car accident lawyer should be open and honest about the following:

• What type of evidence it will take to build a strong case
• How much compensation you should seek
• Whether it appears you have any fault in the accident

Your attorney should be upfront about your case from day one. This will allow for the best possible settlement.

Positive reviews

The best compliment is a glowing reference. Search for a legal team that has great online reviews on websites like Avvo and Google, as well as positive testimonials.

When you read through reviews or talk with references, previous clients should note that the attorneys were honest and helpful. As previously mentioned, you also want to look for lawyers who are known for being present and ready to answer their client’s questions with minimal follow-up time.