From festivals to football games, it seems there are always opportunities to enjoy alcohol in Louisiana. Unfortunately, there are people who take the risk of getting behind the wheel after drinking. The results of drunk driving accidents can be devastating, often resulting in serious injuries and even death.

At Huber Thomas & Marcelle, our attorneys always aim to remind people the cost of drinking and driving is too high. However, even with the best intentions, we can’t control everyone else on the road. If you notice a driver has little control over their vehicle or delayed reactions, they may be under the influence.

Accidents with drunk drivers require a timely response. Here’s what you should know if you ever find yourself in this serious type of incident.

According to the National Highway Traffic Safety Administration (NHTSA), 28 people die in drunk driving accidents every day. That amounts to one person every 52 minutes. While this is on a national level, the numbers aren’t much better in the state of Louisiana. In fact, authorities recorded 216 alcohol-impaired fatalities and close to 6,000 DUI arrests in 2018.

How do drunk drivers cause these accidents? Every situation is unique, but we know that drinking alcohol can cause blurred vision, delayed reactions, and poor coordination. Some common types of drunk driving accidents include:

• Wrong-way accidents where drunk drivers can’t accurately comprehend which side of the road to drive on
• Head-on collisions resulting from drowsy drunk drivers who veer into oncoming traffic
• Rear-end accidents because drunk drivers can’t accurately determine distances

All of these drunk driving accidents can have deadly consequences. Likewise, it’s not uncommon for pedestrians to fall victim to drunk drivers who don’t see them crossing the road.

When someone makes the decision to drive impaired, they aren’t just putting their own life at risk. Everyone on the road can fall victim to their actions. When do most drunk driving accidents happen? According to Department of Transportation research, 31% of fatal drunk driving accidents take place over the weekend. Further, drunk drivers are most likely to be on the road between midnight and 3:00 a.m.

A car accident is always frightening, regardless of the details, but accidents with drunk drivers are even more challenging. Try to stay calm and follow these steps to secure your physical and financial safety.

Take note of important identifying information

If you suspect the driver in an accident is drunk, it’s important to jot down identifying information.

It’s not uncommon for drunk drivers to flee the scene of a crash. This is why it’s critical you take note of the make, model, and color of the vehicle, as well as the license plate number.

If you can see what the driver looks like, even better. These details will help you if the driver does leave the scene before police arrive.

Call the police

Next, find a safe place to park while you call for help. Make your way to the shoulder of the road or an adjacent parking lot to ensure you’re out of traffic. If the accident has occurred at night, remember to turn on your hazard lights for increased visibility.

Call 911 and ask for an officer to come to the scene. If you or someone has been injured, tell the operator that you also need emergency medical assistance. If you suspect the driver is drunk, share this information with the 911 operator on the line.

Gather any details and evidence

Again, if the driver appears to be under the influence, it may be difficult to communicate in a constructive way. If they are cooperative, ask to take a photo of their driver’s license and insurance card. You can also exchange contact information.

Take photos or a video of the crash from different angles. Include close-up images of damage, as well as a video of the entire scene to provide context. Don’t forget to take photos of skid marks, debris, and other details.

If there are witnesses in the area, gather their contact information and try to record a statement about what they say. This testimony may be important later in the event of a lawsuit.

Seek medical help

Even if you feel completely fine, it’s important to see a doctor for a thorough check-up. Some injuries and medical issues may seem non-existent or minimal at first due to shock, only to worsen later. X-rays and other tests can confirm whether you need medical treatment.

If you are suffering from injuries, be sure to keep detailed records of your medical appointments. Bills can add up quickly and you’ll need a paper trail to get compensation from insurance companies.

Call your insurance company

Let your insurance company know that you’ve been in an accident without providing too many details. Your attorney can provide the necessary information later. Likewise, do not agree to speak with the other party’s insurance company yet.

Hire drunk driving accident attorneys

The aftermath of a car accident is stressful, especially if the other party was intoxicated. In addition to facing a lawsuit from you, they are probably handling DUI charges (and possibly injuries).

By hiring an attorney, you’re actively protecting yourself, especially if you’re in one of the following situations:

• You or a passenger in your vehicle was injured
• The other party was injured or killed
• There is costly property damage

As experts in the field, lawyers can secure the compensation you need to cover property damage and medical bills. The process is less daunting when you have someone in your corner fighting for what you deserve.

From crawfish boils to Mardi Gras parties, there is so much fun to be had in Louisiana. If you’re feeling tipsy after, call a friend, rideshare, or a taxi to pick you up. The risk of drunk driving is too high, as the consequences could be deadly or life-altering.

Beyond the seriousness of an accident, drunk driving is a misdemeanor charge in Louisiana, commonly referred to as a DWI. Penalties for a first offense may include:

• 10 days to 6 months of jail time
• $300 to $1,000 in fines
• Judge-ordered ignition interlock devices (IIDs)
• License suspension

In short, driving while drunk is simply not worth it.

Most accidents with drunk drivers have devastating results. Perhaps a loved one was killed or you sustained life-altering injuries. Whatever situation you’re in, the drunk driving accident attorneys at Huber Thomas & Marcelle can help. This is not a time when you should have to deal with insurance companies or documents full of legal and medical jargon alone. You need a team you can trust to walk you through the process of getting the compensation you deserve.

Our Approach

An in-depth investigation is the key to securing a victory in the courtroom. Along with police reports and expert witnesses, our team will complete a collision reconstruction. This helps everyone see the extent of an accident and the resulting injuries.

Further, we always schedule interviews with other parties, including doctors, police officers, and witnesses. This important documentation is essential to proving the extent of an accident that has caused serious harm.

Courtroom Success

Most cases involving car accidents will settle outside of court. This is simply due to the expensive and time-consuming nature of a lawsuit. However, the seriousness of drunk driving accidents can often lead to a more prolonged process. Our drunk driving accident attorneys prepare for every case as if it is going before a judge or jury to ensure excellent preparation.

Our previous case victories demonstrate our intensive approach to pursuing fair settlements for our clients. The team at Huber Thomas & Marcelle has litigated hundreds of cases arising from automobile accidents, resulting in millions of dollars for our clients.

Here’s a look at some of our courtroom success stories:

• $2.3 million for a woman who was injured when an airport shuttle van moved while she was boarding
• $1.6 million as a result of a jury verdict for a client who underwent back surgery after a car accident in Jefferson Parish

Because of our advanced experience, we are always ready to take a case to trial and fight for our clients. If you or someone you care about is coping with injuries after a drunk driving accident, we can help. To discuss the details of your case, schedule a complimentary consultation today.

Summer is a wonderful time of year. The weather is warm, school is out, and it’s the perfect opportunity to enjoy time with family. Unfortunately, preventable summer accidents are an issue across the U.S. According to the National Safety Council, fatal accidents spike in July and August. From car crashes to drowning, summertime accidents can be dangerous and even deadly. Our team at Huber Thomas & Marcelle compiled these important summer safety tips to keep you and your family safe, no matter where you’re headed this summer.

Resources from the National Highway Traffic Safety Administration consistently illustrate high fatalities during the summer months. In light of social distancing concerns, it’s possible that even more families will be opting for a road trip over air travel this year.

Keep these tips in mind before you hit the road to keep you and your family safe.

1. Don’t drive during high traffic times

If you can, try to drive during times that are less busy. Mornings are generally quieter on the roads, except for Sunday, when people are returning home after the weekend.

When it comes to a long holiday weekend (such as the 4th of July), consider taking a few extra days off to avoid the rush. According to AAA, one of the worst days for travel in multiple metropolitan areas is July 3, typically from 12-4 PM as people leave for their holiday destinations. Nationwide, delays may increase by up to 9% leading to more people on the road, all of them in a hurry to get out of town. That unfortunately means more car accidents.

Other high period times are July 4 afternoon, as people head out to local events, and July 5 when they return home.

2. Focus on the road

There are so many distractions when it comes to driving. Whether you’re trying to look at directions on your phone, driving after a night of little sleep in a new hotel, or listening to your children fight in the backseat, losing focus can be deadly.

Commit to focusing your attention on the road while you’re driving. If possible, have someone navigate for you or use turn-by-turn voice guidance. As always, never text or talk on the phone while driving.

Drowsy driving is just as dangerous. If you're not in shape to drive after a sleepless night, reconsider your plans or ask another driver to take the steering wheel.

3. Be vigilant about drunk driving

Between sun exposure and all-day events, fatigue and dangerously high levels of intoxication can come on fast. Be vigilant about avoiding and preventing drunk driving.

Whether it's you, a family member, or a friend, discuss who will be the designated driver before you leave for an event. This person should avoid all forms of alcohol as they'll have to be vigilant about other drivers on the road.

If everyone in your party wants to drink, book a taxi or rideshare option. Rideshare companies often have more drivers on the road during busy times, ready and available to bring you home. Book one ahead of time to beat the rush after an event or leave at an off-time.

4. Maintain your vehicle

Getting stuck on the side of the road after a breakdown is incredibly dangerous, especially on busy highways. Take your car in for service before you leave on a trip. Oil changes, battery checks, and tire rotations will ensure your car is in good condition.

Take this tip a step further by preparing an emergency kit to keep in your trunk. You should always have a cell phone charger, first aid kit, flashlight, and jumper cables. Throw in a few water bottles and nonperishable food items as well.

5. Never leave pets or children in the car

On average, 39 children under the age of 15 die each year from heatstroke after being left in a vehicle. Louisiana ranks high on the list of states where this is most prevalent. In many cases, it comes down to confusion over a disrupted routine. Unfortunately, family members often assume that someone else brought the child into the house after a car ride.

Check your car to make sure that everyone is out of the vehicle before going into the house. If you see a child unattended in someone else’s vehicle, call 911 and remove the child immediately.

With relaxed schedules and warm days, summer is a great time to go out on a motorcycle ride. Unfortunately, there is always an uptick in motorcyclist deaths during this time of year. Due to a variety of factors, motorcyclists are 27 times more likely to die in a motor vehicle crash than car passengers.

This is what you can do to protect yourself if you choose to spend the summertime on your bike.

6. Wear appropriate safety gear

Louisiana requires helmets for all motorcyclists and passengers. Look for a DOT sticker on the inside or outside of your helmet to ensure it meets these safety standards. These helmets provide appropriate shock-absorption and peripheral vision capabilities.

To protect yourself in the case of a motorcycle accident, you should also wear:

• Clothing that fully covers your arms and legs, in a thick material
• Boots or shoes that cover up to your ankles or higher
• Gloves for a better grip and to protect your hands
• Eye protection, such as a full helmet or goggles
• Reflective materials for better visibility on the road

7. Do a safety check before each ride

Before you hop on your bike, do a quick safety check. Is the weather conducive to riding? If possible, you should always avoid slippery conditions.

From there, check your tire pressure, brakes, headlights, and turn signals. Make sure all cargo is properly secured and balanced for a smooth ride.

8. Recognize the most common causes of crashes

RideApart offers an excellent resource, along with videos, that explains how to avoid and respond to the most common causes of motorcycle crashes. This knowledge can help you avoid summer accidents on your motorcycle. The most common accidents occur when:

• Another vehicle turns left in front of you
• You hit an unsafe or slippery patch of road
• Another vehicle changes lanes into you
• Someone opens a car door into your oncoming bike
• You were traveling too fast
• Another driver stops suddenly, or rear-ends you
• Anyone is driving under the influence of drugs or alcohol

This summer be aware of these risks and ready to respond if they occur.

9. Never drive under the influence

When it comes to intoxication, driving a motorcycle is no different than driving a car. Make it a rule to avoid driving if you've had even one drink.

Likewise, avoid driving after any use of prescription sedatives, pain medications, or other drugs. For example, while marijuana may be legal in some states, it can still lead to a change in your driving skills.

10. Practice active awareness during every ride

Riding a motorcycle is fun, but it's also more dangerous. It’s simply more difficult for other drivers in large vehicles to see you. With this in mind, practice being as actively aware as possible. This means:

• Proceeding cautiously at intersections, where most accidents take place
• Keeping your headlights on at all times to increase your visibility
• Leaving plenty of braking distance between yourself and other vehicles
• Using extra caution in heavy traffic or inclement weather
• Watching ahead for any potholes, gravel, or puddles

Boating is a popular summer activity in Louisiana and other Gulf states. While it’s a great way to cool off and enjoy time on the water, boating can also be dangerous. In 2017, the U.S. Coast Guard reported 4,291 boating incidents that resulted in 658 deaths and 2,629 injuries.

Here are our tips for staying accident free while boating.

11. Always watch the weather

Keep an eye on the forecast before you head out for a day of boating. Summer is also hurricane season, which can be a serious concern when you’re on the water. Even a little rain can be incredibly dangerous. Reschedule if there's any change in the forecast.

Once you’re out on the water, be consistently aware of your surroundings. Storm clouds or a sudden temperature drop can result in high winds and risky conditions. If you find yourself in this situation, get off the water as soon as possible.

12. Take a boating safety course

Many people assume that operating a boat is similar to driving a car. How hard can it be? This couldn’t be further from the truth.

The U.S. Coast Guard recommends enrolling in a boating safety course before you get behind the throttle. These courses are offered for all types of recreational boaters. The most popular basic courses generally have six to 13 lessons that cover everything from boat handling to reading the weather.

Beyond these courses, boating laws can vary from state to state. Familiarize yourself with specific regulations based on where you’re traveling.

13. Wear a life jacket

While life jacket regulations vary from state to state, all boaters should opt to wear one, even good swimmers! It’s easy to become disoriented after falling off a boat, especially if you’ve been injured. A life jacket will help you avoid drowning in the case of a serious accident.

When it comes to children, life jackets should be mandatory at all times. Always use life jackets that are U.S. Coast Guard approved and fit correctly.

14. Avoid alcohol

Like driving a car, operating a boat while under the influence is illegal. You could face jail time, fines, and even have your driver’s license suspended.

In worst case scenarios, drinking while operating a boat can lead to accidents that result in serious or even fatal injuries. Alcohol use continues to be the leading known contributing factor in recreational boating deaths in the United States. Even one drink puts everyone at risk as the nature of boating magnifies the side effects of drinking.

If you’re in control of the boat, it’s best to simply stay hydrated with water. Be mindful of how much your passengers are drinking to ensure everyone stays safe while on board.

15. Be cautious while participating in water sports

Boating and water sports go hand in hand! From water skiing to tubing, summer sports are fun for the whole family. Take these necessary steps to ensure a safe day:

• Learn how to safely use a tow rope
• Always have a spotter using hand signals and a flag to indicate when someone is in the water
• Wait for the propeller to stop before getting in or out of the water

Even while closely following these tips, summer accidents can still happen. If another party was involved, and you’re searching for a motorcycle or car accident lawyer, our team at Huber Thomas & Marcelle can help. We are also skilled in boating and other maritime legal matters.

Our team is dedicated to helping victims recover after an accident, no matter the circumstances. We represent clients in Louisiana, Texas, Mississippi, and nationwide. We can walk you through your legal options if you've recently been in an accident.

Contact us today for a free consultation to discuss your case.

If you or someone you love has been involved in a trucking accident, we know how drastically they can change your life. These massive vehicles, also known as big rigs, semi-trucks, or 18-wheelers, can cause devastating crashes. In the most serious cases, they are fatal. In others, they can lead to lifelong issues, such as spinal cord injuries and traumatic brain injuries. After any trucking accident, you need support. Fair compensation can help you cover your medical costs and ongoing care after a trucking accident. At Huber Thomas & Marcelle, we can help you navigate the complex trucking industry laws and regulations so you can find the support you need. Here’s what you need to know about spinal cord injuries and trucking accidents.

A semi-truck is the largest type of vehicle you’ll find on the road. Some are carrying mail packages, while others may be transporting produce to your local grocery store. Some trucks are even transporting hazardous materials.

With a full tank and cargo load, this type of truck can weigh up to 30 times more than a regular car. While that alone is a cause for concern for surrounding drivers, there are several other issues.

For example, these are some of the major risks that can lead to truck accidents:

• Driver fatigue due to long stretches of work, especially at night
• Large blind spots around the sides and rear of a large truck
• Lack of ability to brake at high speeds, especially while traveling on wet roads or steep hills
• Longer acceleration distances, which are especially risky while attempting to merge into traffic
• Hazardous material cargo, including corrosive agents, explosive materials, or nuclear waste

While the trucking industry is federally regulated, there are still many issues to sort through. Truck accidents occur much too often, and in the worst cases, they have fatal outcomes. More than 4,100 people died in large truck crashes in 2018. According to the Insurance Institute for Highway Safety, 67% of them were occupants of cars and other passenger vehicles.

Unfortunately, statistics show that the problem is only getting worse. In fact, trucking accidents are on the rise. The number of people who died in large truck crashes was 31% higher in 2018 than it was in 2009, the lowest it had been since the collection of fatal crash data began in 1975.

If a trucking accident isn’t fatal, it is still likely to be catastrophic in terms of injuries and property damage. There are several different types of injuries that may occur after truck accidents, including, but not limited to:

• Whiplash: If you are hit from behind, your head may be thrown violently back and forth causing whiplash and a range of other neck injuries
• Back injuries: When your back is struck or twisted around in a trucking accident, the results can lead to chronic pain and debilitation
• Broken bones: The impact of a big rig can break bones all over the body, including your ribs, arms, and legs
• Head injuries: When you hit your head against a dashboard or are struck by debris, serious head injuries can occur, including brain injuries
• Internal trauma: Blunt trauma from the powerful blow of a truck can cause internal bleeding and damage to organs
• Lacerations: Most trucking accidents involve flying debris that can pierce the skin and lead to deep cuts as well as scrapes

Beyond this list, the most serious and prevalent injuries after trucking accidents are spinal cord injuries. This type of injury can change the course of your entire life. The spinal cord is significant because it helps your body function by sending and receiving messages from the brain. Let's look at the impact of this type of injury more closely.

Any accident is frightening, but a run-in with a truck of this size can leave you feeling completely shaken and overwhelmed. Your first priority should always be to call for help, especially if you or any of your passengers are hurt. It doesn’t matter if it seems to be minor, it’s always best to have emergency officials evaluate the situation. As noted, it's best to remain still if there's any evidence of spinal cord injuries. Ask nearby witnesses to complete the following tasks in this case.

If there aren’t any evident injuries, you’ll still need to call police. An officer will come out to the scene to write up a formal crash report. This document can be very helpful when dealing with the truck driver, the company they work for, and insurance representatives.

Once you’ve called the local police department in your area, follow these important next steps:

• Get contact information for the driver involved: Don’t leave without getting information from the truck driver involved in the crash. This should include their name, phone number, license plate, and insurance information. Jot down any details about the company they work for and their employee ID number as well. If they're subcontracting for a larger shipping company (such as Amazon), get the names of both companies too.
• Talk to witnesses: Did anyone see the crash happen? Perhaps someone was in a nearby parking lot or restaurant. Maybe another driver saw the crash happen and pulled over to help. Exchange information with these witnesses. You'll likely need firsthand accounts later on to support your case.
• Gather evidence: If you’re in a safe place, begin to gather evidence from the site of the accident. Take photos of the entire area, as well as any damage to your vehicle or skid marks on the road, sidewalks, and guardrails.

Whether you are returning home or being admitted to a hospital, you or someone you love should consider hiring a truck accident lawyer right away. This will help you determine the next steps. An experienced car accident lawyer will be open and honest about the best plan for your specific situation and can help protect your rights after a crash.

It can happen while you’re sitting at a stoplight or slowing down for traffic. Suddenly, a car from behind slams into you. Even with the best intentions and a great driving record, you can become the victim in a rear-end accident. In serious cases, injuries from rear-end accidents can change the course of your life, forcing you to receive costly medical care.

Unfortunately, many drivers don’t take the dangers of the road seriously, and in turn, don’t pay attention as much as they should. Fortunately, the team at Huber Thomas & Marcelle can provide guidance on the best ways to recover after an accident, including rear-end collisions. Whether you’ve recently been in an accident or simply want to be prepared if the worst happens, here’s what you should know.

While collisions can happen in a variety of ways, a rear-end accident is one of the most common. In 2019, there were more than 50,000 rear-end crashes in the state of Louisiana. Approximately 34% of them resulted in injuries, while another 35% caused property damage. Shockingly, 12% of these rear-end collisions were fatal, which speaks to the seriousness of this type of accident.

This type of crash involves a car hitting the one in front of it. This can be due to a variety of factors, including:

• Driver inattention or distraction
• Tailgating
• Speeding
• Weather conditions that lead to icy or slippery roads

In some cases, the initial force can lead to a domino effect. On highways, pile-ups are caused by the first accident that leads to several others cars colliding with the vehicle in front of them. This chain reaction can lead to high levels of injury and property damage.

When it comes to accidents on the road, the resulting injuries can be devastating. Victims often deal with long-lasting side effects and mounting medical bills. Some of the most common types of injuries after rear-end accidents include:

• Whiplash: This occurs when your head is violently jolted in one direction and then the other, often leading to neck pain and headaches
• Lower back injuries: Ruptures, tears, fractures, or dislocation of the ligaments and muscles in the lower back region can occur after a collision
• Spinal cord injuries: In severe cases, an accident can lead to damage to the bony vertebrae of your spinal column—the structure that transmits sensory information from your body to your brain
• Traumatic brain injury (TBI): Brain damage can result from a violent blow, blast, or jolt to the head, with often long-lasting effects
• Broken bones: Broken ribs to broken legs, arms, and even shoulders and pelvises are all possible during a collision

While these are some of the most common injuries after rear-end collisions, this list is just the beginning. Victims of car accidents can suffer from a range of different injuries and conditions after a crash. It’s important to seek emergency care immediately in order to improve your chances of making a full recovery.

It’s also worth noting that many injuries can appear over time. You may walk away feeling fine, but really be in shock. In the days or weeks to come, pain and soreness can crop up or you may finally feel the effects of whiplash or injuries. For this reason, we always recommend that you visit your doctor for a check-up after an accident, even if you feel okay. Seemingly invisible effects of a car accident can be dangerous if they're allowed to get worse over time.

In most rear-end collisions, the fault will come down on the trailing driver because he or she created the initial impact. Simply put, every driver is expected to maintain a safe distance from the car in front of them in order to avoid rear-end collisions.

Louisiana law (R.S. 32:81) clearly states:

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.”

While it is rare, there are instances when the driver who was hit may be partially to blame for a rear-end accident. Some examples that could lead to this scenario include:

• Failing to repair a broken tail light or forgetting to turn on hazard lights after a mechanical failure or accident
• Stopping for no reason in the middle of the road
• Reversing without reason or without adequate notice
• Driving erratically, such as going much faster than the speed limit, darting in and out of traffic, and cutting other drivers off

Every rear-end accident is different. A variety of factors can lead to the initial impact and any subsequent damage done to surrounding vehicles.

At Huber Thomas & Marcelle, our skilled car accident lawyers can review the specifics of your crash and discuss your options. If you're injured or have extensive property damage, they can discuss potential remedies and legal solutions for getting the compensation you need to recover fully.

Any type of car accident can feel overwhelming in the moment, but it’s important to keep a clear head and complete a few tasks. Your first priority should always be to call for help, especially if you notice any injuries right away. It doesn’t matter if it seems to be minor, it’s best to have a doctor take a closer look.

If there aren’t any evident injuries, you’ll still need to call police. An officer will come out to the scene to write up a formal crash report. This document can be very helpful when dealing with the other party and insurance companies.

Once you’ve called your local police department, follow these three important next steps:

1. Get contact information for the drivers involved: Don’t leave without getting information from the other drivers involved in the crash. This should include their name, phone number, license plate, and insurance information.
2. Talk to witnesses: Did anyone see the crash happen? Perhaps someone was in a nearby parking lot or restaurant. Maybe another driver saw the crash happen and pulled over to help. Exchange information with these witnesses. You may need firsthand accounts later on to support your case.
3. Gather evidence: If you’re in a safe place, begin to gather evidence from the site of the rear-end accident. Take photos of the entire area, as well as any property damage to cars or skid marks on the road.

We cover the other important steps you should take after a car accident in our earlier post.

Once you’ve returned home, you should contact an experienced car accident lawyer. This isn’t the time to go it alone. Too often people believe they can go through this experience without representation, only to miss out on the compensation they need to recover fully.

It’s also important to note that even if you were partially at fault during a crash, you may still be eligible for compensation, whether it’s for medical bills or vehicle damage. Don’t let insurance companies shift all of the blame onto you.

At Huber Thomas & Marcelle, you’ll have a skilled car accident attorney by your side to guide you through the complex legal process. Plus, you'll always benefit from multiple viewpoints and areas of expertise through our team's collaborative approach. Beyond car accidents, we also have experience helping our clients with accidents that involve pedestrians, motorcycles, semi-trucks, and more.

To learn about how we can help after an accident, we encourage you to browse our previous case victories. If you've been in a rear-end accident and want to ensure that you receive a fair settlement, contact us today for a free consultation.

Car accidents happen across the U.S. every day. While most of them are minor collisions, some have devastating results that can change your life forever.

In fact, in Louisiana alone, there are more than 1,300 car accidents that result in serious injuries every year. Severe injuries can lead to long hospital stays, costly medical bills, and permanent damage to your body. A car accident brain injury falls into this category as it can result in long-term issues.

If you’ve suffered a traumatic brain injury (TBI) after a car accident, the attorneys at Huber Thomas can help.

Perhaps you're facing months of rehabilitation or your injuries are so severe that you’re unable to return to work. You may be entitled to compensation that will help you overcome these challenges. A brain injury accident lawyer on our team can discuss your options and answer any questions you may have. If you live in Louisiana or Texas, contact us to arrange a free consultation. Alternatively, keep reading this post to find out more.

A Traumatic Brain Injury (TBI) occurs when the head experiences a bump, blow, or jolt. This disrupts the normal function of the brain. Some are mild, meaning there is only a brief change in mental status or consciousness. Alternatively, a severe TBI can result in a permanent or extended period of memory loss or unconsciousness.

According to a 2013 report by the Centers for Disease Control and Prevention (CDC), car accidents are among the most common causes of emergency room visits, hospitalizations, and deaths related to traumatic brain injury among people aged 15 to 34.

Whether you experience a TBI in a car accident often depends on several factors, as a recent study from the University of Arizona discovered. This includes the direction in which you were hit, speed of the vehicles involved, and whether you were wearing a seatbelt.

Types of car accident brain injuries

There are several different types of car accident brain injuries. Some of the more common include:

• Concussion: Often referred to as the most common type of TBI, a concussion can take months to completely heal. This type of injury can be caused by a strong hit or sudden shaking. This stretches the brain's blood vessels, resulting in a traumatic brain injury.
• Contusion: A contusion is generally the result of direct impact to the head that causes bleeding on the brain. Large contusions may require surgical removal.
• Coup-Contrecoup: This injury leads to bleeding at the site of the blow, as well as the opposite side of the brain. This happens when the impact causes the brain to move and slam into the opposite side of the skull.
• Diffuse Axonal: When the unmoving brain lags behind the movement of the skull, nerve tissues throughout the brain can tear. A diffuse axonal injury can disrupt brain activity, leading to permanent brain damage, coma, or even death.
• Penetration Injury: Objects such as pieces of metal or debris can pass through the skull and enter the brain. This can lead to parts of the skull being forced into the brain. This ruptures and stretches brain tissue.

Symptoms of car accident brain injuries

Beyond type, car accident brain injuries also range in severity. It’s important to know symptoms for each to know if you're dealing with a mild or more severe injury.

A mild traumatic brain injury may result in loss of consciousness for a few seconds to a few

minutes. However, it’s possible to remain conscious while feeling confused or disoriented. In the hours or days following the accident, other symptoms of a mild traumatic brain injury may include:

• Headache
• Nausea or vomiting
• Fatigue or drowsiness
• Difficulty sleeping or sleeping more than usual
• Dizziness or loss of balance
• Speech problems
• Blurred vision
• Sensitivity to light or sound
• Mood swings
• Concentration problems
• Depression or anxiety

Moderate to severe traumatic brain injuries can include the signs and symptoms noted above, along with other issues. Loss of consciousness may take place for several minutes to hours. The following symptoms will usually be present within the first few hours or days:

• Convulsions or seizures
• Persistent or worsening headaches
• Repeated vomiting or nausea
• Dilation of one or both pupils
• Loss of coordination
• Numbness in fingers and toes
• Inability to wake up from sleep
• Combativeness or confusion
• Unusual behavior
• Slurred speech
• Coma

If you were recently in a car accident and believe you may have a brain injury, it’s important to seek medical care immediately.

While each situation is different, the following is the typical flow of events after a car accident brain injury. However, it’s important to note, you may not feel the effects of a brain injury from a motorcycle accident or car accident right away. Every case is unique. Even if you don't think you need it, get medical attention right away just to make sure.

Emergency care

Emergency care after any type of car or motorcycle accident is critical.

In some cases, an injury may be fatal if left untreated. This is why it’s essential to see a doctor for a thorough check-up. Even if you feel normal, the impact of a serious car crash can be dangerous. Visit your doctor for a professional opinion.

Diagnosis

When you seek emergency care after a car accident, you may undergo various medical tests. This could include a check-up. This may include a computerized tomography (CT) scan, magnetic resonance imaging (MRI), and X-rays.

Intracranial pressure monitors are also used in some cases. Tissue swelling from a TBI can increase pressure inside the skull, which causes even more damage to the brain. By inserting a probe into the skull, doctors can monitor the level of pressure a patient is experiencing.

These tests help diagnose if a person has sustained a traumatic brain injury or brain swelling after a car accident. They provide crucial information to the medical team. A solid diagnosis is the first step toward treatment.

Treatment

Once your medical team determines whether you’ve sustained a traumatic brain injury, you will move forward with a treatment plan.

In mild cases, rest and over-the-counter pain medication should be enough. Your doctor may recommend continuous monitoring for worsening symptoms, both physical and cognitive.

In cases of moderate to severe brain swelling, medical teams may use diuretics to reduce fluid in the brain. This is an emergency medical intervention. Anti-seizure or coma-inducing drugs may be necessary in very serious situations.

Emergency surgery is also a possibility, depending on the injury. Doctors must operate in cases involving skull fractures, bleeding on the brain, and extremely swollen brain tissue.

Rehabilitation

Most significant brain injuries require extensive rehabilitation. While this typically begins in the hospital, you will most likely need further care through an inpatient facility. After more serious injuries, you may even need to relearn how to walk, talk, and perform simple daily activities.

In other cases, you will have the option of pursuing ongoing outpatient care. Your doctor may refer you to a physical therapist, speech pathologist, or even a neuropsychologist.

The type of rehabilitation you undergo, as well as the duration will depend on your specific injury and overall condition.

This post provides a high-level overview of the possible effects of a brain injury resulting from a car accident. These effects can range from physical to cognitive, and can vary in severity. It is important to remember that each individual's recovery will be unique. Such an injury is often life altering and they're among the most costly injuries to heal.

As you navigate through life after this type of accident, costs may add up quickly. You may not be able to work as much as you used to, if at all. Continued care through therapy and rehabilitation may be necessary for an indefinite amount of time.

At Huber Thomas & Marcelle, we understand the serious nature of this type of injury. We’re dedicated to getting you the compensation you deserve so you can heal. Our team is here to support you each step of the way. Our goal is for you to focus on your recovery, not how you’ll pay the ongoing bills.

Are you suffering from a car accident brain injury? Do you want to find out if legal representation is right for you? Contact us today for a free consultation. We can help you learn more about your options moving forward.

A car accident can instantly and drastically change your best-laid plans. At that moment, your life and priorities change. From the moment the accident occurs, though, it can feel overwhelming to deal with the fall-out when talking to the police, insurance companies, your healthcare team, and more. A car accident lawyer can bring order to the chaos. Choosing when or if to contact an attorney isn't always clear-cut, but this post gives some general guidance.

Overall, though, if you were recently involved in an accident, our team of New Orleans car accident lawyers at Huber Thomas & Marcelle are always here to help. We offer free consultations so you can protect yourself from the day of the accident and beyond. We'll realistically explain your next best steps, whether that's representation or taking on the case yourself. Contact us for more information or keep reading to learn more.

The minutes, hours, and days after an accident can be a whirlwind. Your first priority is you and your loved one's safety. Get immediate medical attention if any one has been injured in any way—even if that injury seems small. After the stress and adrenaline of an accident wears away, what appears to be small injuries can become much more serious. Because of this, it's best to have a doctor check it out.

If you feel safe to do so, gather some basic evidence from the site of the accident. Take photos of the accident site, any property damage to cars, and any skid marks on the road or roadside. Ask for information from the other drivers involved, including name, phone number, license plate, and insurance information.

We cover more information about this in a recent post on the personal injury claims process. However, there are two additional things you should know after an accident.

Postpone talking to the other party's insurance company

An insurance company begins work right after an accident. They know it's in their best interest to talk to you as soon as possible. This is when you're at your most vulnerable. You likely don't understand the full scope of your injuries or property damage. You're exhausted from the accident.

When the other insurance company calls, you are not required to talk to them.

If they contact you, they will likely ask for a recounting of the accident. In your post-accident state, you may neglect to provide details that could be important to your case later on or answer a question in a way that frames you negatively if the matter does go to litigation. They may also ask leading questions that you're not equipped to answer.

The other insurance company will probably offer a small amount of money to settle your claim, too. Unfortunately, after an accident, you simply won't know the full extent of your injuries or property damage. This settlement will generally only cover the most basic repairs or medical costs. This settlement offer also includes a release that will make it impossible to bring a later claim against them.

For these reasons, it's best only to talk to an attorney, your own insurance company, your medical team, and the police after an accident.

Be aware of Louisiana car accident laws

Louisiana has multiple laws governing car accident matters. According to Louisiana Revised Statutes §32-398, you should immediately report any accident that results in injury or death to a person and results in more than $500 in property damage. When you call the police after an accident, they'll write up this report and guide you through any other steps.

If you can, you should also clearly document any evidence and gather witness testimony to better and more clearly define who was at fault during an accident. Louisiana is a "comparative fault" state according to Civil Code Article 2323. If you are awarded damages after litigation for a car accident, they'll be reduced by your level of fault in the crash.

What does this mean? Let's say you have damages equaling $200,000. If it's determined that you were 25% at fault for the accident, the total of your damages ($200,000) is reduced by your amount of fault in the accident (25%). This leaves you instead with $150,000 in awarded damages. That being said, even if you were partly at fault, you can still be entitled to compensation after an accident.

After you've received medical attention and documented the accident as much as possible, it's time to think about asking a car accident lawyer for help.

To start, most attorneys offer free consultations. Highly-respected attorneys with good online reviews will be honest about your case. They'll explain if a case is worth representing or if you're better handling a small accident claim through the insurance process.

However, always contact a lawyer as soon as possible if any of the following occurs:

• You or a passenger were injured in the accident
• Anyone in the accident was severely injured or killed
• There's significant and costly property damage

When an accident leads to significant damages, it means there will be higher claims for medical costs and repairs. Ensuring you receive compensation to cover these from the insurance company will be difficult. It's best undertaken with the help of an attorney who knows the process. They'll start work immediately, gathering evidence and guiding you on the best way forward.

There are other times when you should contact a lawyer after a car accident. If you ever feel overwhelmed or in over your head, ask for help. If any professionals in the matter—your insurance company, the other insurance company, healthcare providers, or the police—aren't dealing fairly, it's time to get support.

An attorney's job is to guide you through the complex legal process. They're experts in what they do, and having a great lawyer by your side can mean the difference between a settlement that barely covers your medical costs and one that helps you recover financially and personally from an accident. An attorney also deals directly with insurance companies on your behalf and takes over your case so you can return back to your life after an accident.

If you've been in an accident, it is important to talk to an attorney as quickly as possible.

Look for legal teams that have good reviews online, either through a site like Avvo or Google. Previous clients should note that the attorneys were transparent and helpful throughout the whole process. Especially look for lawyers who are known for being present and ready to answer their client's questions with minimal follow-up time.

Most attorneys will provide free consultations and will take your case on contingency. You won't pay anything upfront unless the attorney helps you win your case or reaches a fair settlement.

After a car accident, you need the best New Orleans car accident lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person. Our team will walk you through every step of the process, empowering you to recover after a traumatic event.

Our team is proud to say that we've recovered millions of dollars for our clients in settlements and in trial verdicts. We know how to bring a case against large insurance companies or make sure they offer a settlement that's fair and equitable for you.

If you've been in a car accident and want to learn if legal representation is right for you, contact us today for a free consultation. We're here to help.

If you've recently been in an accident, here's what you should know about the personal injury claims process, from immediately after the accident to hours, days, and weeks after. If you have more questions, our New Orleans personal injury attorneys at Huber Thomas & Marcelle are here to help you make sense of the process. Contact us today for more information.

What you do in the minutes or hours after a car accident can make a big difference when it comes to a personal injury claim.

To start, make sure you're safe. Check yourself and any passengers for any injuries. If necessary, call for immediate emergency care. However, even if you have no visible injuries, plan to visit your primary care doctor or an urgent care promptly within the day.

If you feel safe to do so, take pictures of:

• The overall scene of the accident
• The surrounding roadside or barriers
• Any dangerous road conditions or inadequate signage
• Both your car and any other involved cars, including close-up views of damage
• The license plates of involved vehicles

Also write down the name, phone number, license plate number, and insurance information of other drivers involved. If there are witnesses nearby, ask for their name and phone number as well.

Once police arrive, thoroughly explain what happened and ask them to take photos before they move vehicles out of the way of traffic. If you have a dash cam, ensure that you're able to access video of the accident. Are there businesses close by? Ask if they have surveillance cameras pointed to the area that you can use, if needed.

While a lot will be going on at once, gathering this clear evidence at the scene of the accident can help your personal injury claims process if your case does eventually go to court.

A car accident is a major event, one that you should always get professional help for. Reach out to a few important resources within hours after the accident.

Medical care

This is your first priority. As noted, even if you feel fine after the crash, get checked by a doctor. Don't shrug off symptoms like pain, tingling or numbness, or dizziness. Be honest with your doctor about all of your symptoms and the forces you experienced during the accident. They can test for signs of concussion or other injury.

Your doctor will also record any changes over time. Some injuries, like whiplash, can take up to 48 hours to appear. Talk to your doctor about all changes, and schedule follow-up appointments if your symptoms persist.

Your insurance company

File a claim with your auto insurance company as soon as you can. You pay for their help all year. Make the best use of any resources they offer, such as collision coverage or rental cars. Depending on the coverage you chose, they may cover all or a portion of any accident costs.

You'll likely also receive calls from the insurance company of the other driver. If their driver was at fault, the insurance company's goal is to have you settle for a small cash payment quickly. This isn't a good idea. In the hours and even days after an accident, you won't have a clear understanding of the amount of damage done, both bodily and to your property.

At this point of the personal injury claims process, it's time to talk to someone who does understand the common costs of an accident.

A personal injury attorney

While your insurance company is a valuable resource, sometimes you'll need additional legal help after an accident. Attorneys, like the team of New Orleans personal injury attorneys at Huber Thomas & Marcelle, understand the true costs of an accident.

The injuries that result after a car accident cost money. Beyond medical care, there may be rehabilitation costs, additional childcare, or lost income. A personal injury attorney reviews the facts of your case and projected costs, along with insurance coverage.

At Huber Thomas & Marcelle, we provide support after a life-changing event. We can manage contact with the other driver's insurance company, help coordinate your medical care, calculate a fair settlement, and more. Your initial consultation is completely free and, in many cases, you don't pay anything unless we win your case.

We make sure to get the full story for an automobile accident case. With police and medical reports, your photos, video footage, and witness observations, we reconstruct what happened before and during the accident. We also examine other contributing factors, like dangerous road conditions or manufacturer defects.

Once you have a better idea about any ongoing symptoms or pain, our team works with economic experts to calculate a fair settlement to compensate you for any damages. Then, we typically submit a demand letter on your behalf to the other insurance company.

This demand letter is a document that lays out our arguments about:

• Who is at-fault for the accident based on our evidence
• The extent of financial damage the accident caused: medically, to property, and in lost wages
• Any additional damages you experienced, such as pain and suffering

At this point, the insurance company can agree to our demands and settle the case, negotiate for a lower settlement, or outright deny your claims.

Most insurance companies will negotiate. Our attorneys negotiate on your behalf to ensure you get a full and fair settlement. If the insurance company won't agree to a fair settlement, and you choose to pursue litigation, our team will file an official case against the insurance company or drivers at fault.

We prepare every case as if it could go to court, even though most don't. Because of this, we're ready if you do decide to pursue litigation. At Huber Thomas & Marcelle, we know that when a car crash happens, your world changes. There are unforeseen costs and damages you never expected. We're ready to be your legal advocates so you can get the fair settlement you deserve.

Our legal team will enter the discovery phase once we file your case. Discovery typically includes:

• Sending written questions to the other party for clarification or more information
• Requesting documentation to support your case
• Using state of the art technology to reconstruct the timeline of your accident
• Scheduling formal interviews (called depositions) with other parties in the accident, like witnesses, your doctor, or police officers

During the discovery phase, we may also be actively working with the other party's insurance company to reach a settlement. This is often done with mediation. With mediation, an impartial third party (the mediator) guides the conversation between the two parties. The mediator doesn't make a final decision like a judge does in a court case. Instead, they help both parties reach a fair settlement together.

The end of the personal injury claims process is with a trial in front of a judge. The vast majority of cases never make it to this point, though. Sometimes insurance companies will even settle the night before or immediately prior to a court case to avoid presenting the case before a judge.

If your case does go to trial, we'll present the evidence and make our arguments for the judge. This can be a complicated and long process, with multiple testimonies and hours in court. Nobody wants to go to trial after a car accident, but if you don't receive the fair compensation you deserve to cover medical and other costs, doing so can save your family's financial health.

At Huber Thomas & Marcelle, we're proud to say that we've recovered millions of dollars for our clients, in hundreds of cases. After a car accident, you need the best New Orleans personal injury lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person and every matter.

If you've been in a car accident and want to discuss the details of your case, we're here to help. Contact us today for more information.