How Common Are Accidents with Drunk Drivers?
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.
Huber Thomas & Marcelle: Your Drunk Driving Accident Attorneys
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.
Avoid summertime accidents in the car
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.
Stay accident free while boating
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
What causes a car accident brain injury?
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
Car insurance rates charged by Louisiana's largest auto insurers have been on a double-digit run, mirroring a national trend the industry says is fueled by more accidents and a spike in claims costs.
"We're seeing it play out all across the nation. It is universally attributed to a combination of distracted driving, cellphone use while driving, and more miles, cheap gas," Insurance Commissioner Jim Donelon said.
Car insurance rates were virtually flat over a five-year period, increasing about 1 percent annually, Donelon said — until about five years ago. Louisiana's auto insurance rates since then have been rising at a faster clip, with the largest jump, an 8 percent average, taking place in 2016.
It's too early to say how much rates will rise in 2017, Donelon said, but the trend could level off soon.
More recently, State Farm, Louisiana's largest insurer with more than 1.1 million policyholders, raised car insurance rates an average of 13.5 percent on Jan. 30. A year earlier, the company raised rates an average of 8 percent.
Progressive Security increased rates 4.1 percent in early 2016 and 9.4 percent late in the year. Allstate increased rates an average of 9.5 percent in 2016. Geico Casualty plans to increase car insurance rates by 16 percent this year. Louisiana Farm Bureau is raising rates by 14.2 percent, but the company's filing with the state Insurance Department says a 19.4 percent increase is justified.
Those companies write the bulk of the state's auto insurance, and their recent filings did not include the impact of the August flood that destroyed tens of thousands of cars. Future rate filings may.
"Auto insurers look at past catastrophic events to determine what their expected future comprehensive losses may be," Deputy Insurance Commissioner Ileana Ledet said. "So down the road we may see insurers raising the comprehensive portion of their rates a bit to anticipate a future catastrophic flood of the extreme magnitude we saw in August."
Insurance industry members and consumer advocates say a number of factors lie behind the recent rate increases.
The Great Recession that wiped out tens of thousands of jobs nationwide meant fewer people driving. As the economy recovered and gasoline prices fell, more drivers hit the road, mainly for work. They got into more wrecks — crashes that cost more to repair in part because of the expensive technology built into vehicles.
In 2015, the number of miles driven in the United States rose 3.5 percent, the biggest increase in more than 20 years. The number of accidents rose nearly 4 percent, according to the National Highway Traffic Safety Administration. From 2011 to 2015, the latest year available, the number of accidents jumped nearly 18 percent.
In Louisiana, while the number of miles driven dipped slightly from 2014 to 2015, the number of accidents jumped more than 7 percent, according to a report from LSU's Highway Safety Research Group. From 2011 to 2015, the number of crashes rose by 12.4 percent.
Over that same period, Louisiana's auto insurers have seen claims costs increase from 67.4 percent of the $2.0 billion in premiums collected in 2011 to 76.7 percent of $2.3 billion collected in 2015, according to Insurance Department records. State Farm lost $84 million on its auto business in 2015.
Robert Hunter, director of insurance for the Consumer Federation of America, said lower gasoline prices, coupled with more optimism about the economy, led to more driving. The increase in driving explains most of the increase in losses.
Meanwhile, claims costs, which include medical care and auto repair costs, jumped 13 percent over the two years ending in March 2016, according to the Insurance Information Institute, an industry-funded group. That's 10 times the rate of inflation.
Increases in income have given consumers the means to buy newer cars, said Loretta Worters, a spokeswoman for the institute. While many of these cars have all types of safety features that might help prevent accidents, those cameras and sensors are also much more expensive to fix or replace when damaged.
"The problem is all these cars nowadays, they have so many bells and whistles on them. I've seen side view mirrors get knocked off and cost a thousand dollars," said Jerome Wiley, general manager of Gordon & Sandifer Auto Service Inc. in Baton Rouge.
Take into account: Cameras in each mirror to eliminate blind spots. Touchscreen displays with warning indicators for each angle. Front collision warning systems, basically a radar mounted at the front of the vehicle. Multi-airbag systems. Seatbelts that automatically tighten and lock in accidents. All of it costs money, Wiley said.
Even simpler repair components, like paint, cost more as manufacturers comply with federal regulations designed to limit potentially harmful emissions, he said.
Add in the impact of distracted driving, and it's not hard to see why car insurance rates are rising. The National Highway Traffic Safety Administration said distractions account each year for 18 percent of crashes with injuries, 15 percent of property damage-only accidents and about 10 percent of traffic fatalities.
Distracted driving accounts for about 20 percent of Louisiana's fatal crashes, although the NHTSA says state numbers "are not necessarily representative of actual occurrences, but maybe more indicative of reporting issues." Fatal crashes account for less than 0.5 percent of Louisiana's traffic accidents.
Distracted driving includes smartphone activities such as texting and talking, watching videos, reading, eating, drinking and adjusting the sound system.
Wiley said smartphone usage has overwhelmed the accident-prevention technology on new cars and trucks.
"I'd say over half of the wrecks we see people bringing in — they won't admit to it — is from distracted driving. And distracted is usually their phone," Wiley said.
State Farm spokesman Kip Diggs said distracted driving, whatever the cause, has always been worrisome.
"However, our concern has grown, as it has likely become a greater loss exposure. Increased phone usage, enhanced technology and various other distractions now accessible or available in vehicles are all contributing factors," Diggs said.
Like a lot of other motorists, Donelon said he has been forced to sit through red lights twice because the driver in front of him is too busy with a smartphone to notice the signal changed.
As if all that weren't enough, insurers also have seen the return on their investments — companies invest premiums while waiting to pay claims and expenses — drop along with interest rates. The return on insurers' portfolios was 4.5 percent in 2007, according to an October 2016 report from the Insurance Information Institute. It was 3.2 percent in 2015.
However, Donelon said there's reason to think the big increases may be over.
During a Jan. 29 conference call, Allstate President Matthew Winter told stock analysts and investors that "the spike is over" and rates have stabilized at a new norm. However, the new norm includes more accidents due to an improving economy and more cars on the road, and the greater use of smartphones and distracted driving.
Original story by Ted Griggs of the Advocate, posted on March 12, 2017.