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.

An open road with the wind streaming past you on a motorcycle can be one of life's great joys. However, as every motorcyclist knows, there are very real risks to this activity. Motorcycle Safety Awareness Month in May is a great time to spread awareness about ways motorcyclists can stay safe on roads across Louisiana and the U.S.

At Huber Thomas & Marcelle, we're dedicated to making sure your time on the open road is as safe and enjoyable as possible. That's why we compiled this list of tips on motorcycle safety, for both motorcyclists and others on the road. Please share it with others to help make our roads safer for all.

With relaxed schedules, long vacations, and beautiful days, summer is a great time to go out on a ride. Unfortunately, this means there's also an increase in motorcyclist deaths during this time of year.

Over 60% of all motorcyclist deaths in 2018 took place between May through September, with fatalities peaking in June. Due to a variety of factors, motorcyclists are 27 times more likely to die in a motor vehicle crash than car passengers.

There is some good news: public awareness efforts are working.

In 2018, there was an almost 5% decrease in motorcyclist fatalities. This followed a dip in 2017 as well. For each of those nearly 5,000 riders, though, every single death was one too many. This is what you can do to help protect yourself and others on the road.

If you've ridden across different states, you know that motorcycle laws vary widely across the U.S. For example, most states have helmet laws in place but only cover underage riders. Other states, like Illinois and Iowa, have no helmet requirements at all.

We're thankful that Louisiana is a state that requires helmets for all motorcyclists and passengers. Even if you live in a state without this law, you should absolutely wear a DOT-compliant helmet as they're the best way to protect yourself from a traumatic head injury or death. In 2017, helmets saved an estimated 1,872 lives.

Other Louisiana motorcycle laws stipulate that you must:

• Complete a road rules and skills test to receive a motorcycle endorsement
• Wear appropriate eye protection while driving, such as goggles or safety glasses, unless you have a proper windshield or full helmet
• Never overtake or pass other vehicles in the same lane (a practice known as lane-splitting)
• Keep both hands on your handlebars while driving

Further, you can only carry passengers if your motorcycle was made for multiple people. Children must be five years or older, in an appropriate seat.

Motorcycle crashes most commonly 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

RideApart offers an excellent resource, along with videos, that explains how to avoid and respond to the most common causes of motorcycle crashes. We recommend reading and watching these videos in full, whether you're a new or experienced driver.

We're noting this twice because it's that important.

At night, up to 46% of all motorcyclist fatalities occur when the motorcyclist had a BAC above the legal limit of 0.08%. Never drink and drive. 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.

Before you ever step up to your bike, be aware of and proactive about your specific risks.

If you're an inexperienced driver, plan to ride in slower, safer conditions until you build your skills. If you're on a newer bike, get used to it off the road and, again, practice in safer conditions until you build confidence.

Age also plays a role in motorcycle accidents. Those 50 years and older made up 36% of all motorcycle fatalities in 2017, up from 14% in 1997. The reasons for this are many. Often, older drivers are "re-entry riders." They rode when they were younger and assume that they still know how to handle a bike. With more traffic, more powerful bikes, and diminished physical skills, this simply isn't the case.

If you're an older adult who hasn't ridden in a while, it pays to take a safety class to refresh your skills. Follow the other safety tips too, like getting used to your bike and practicing in safer areas before hitting the open road.

Finally, know that riding with a passenger takes much more skill. You can learn how to ride safely with a passenger here.

We already discussed how DOT-compliant helmets can save lives. These helmets provide appropriate shock-absorption and peripheral vision capabilities. Look for a DOT sticker on the inside or outside of your helmet to ensure it meets safety standards. You can learn more about choosing a helmet here.

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

• Clothing that fully covers your arms and legs in a thick material, like leather
• 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

You've received your motorcycle endorsement, practiced in a secure area, and found the right safety gear. Even so, you should still do a quick safety check before each ride. At the very least check:

• The weather to ensure there won't be any slippery or unsafe conditions
• Your tire pressure
• Your bike's brakes, headlights, and signal indicators
• For any signs of oil or gas leaks
• That any cargo is properly secured and balanced
• That your protective gear is in good shape and worn correctly

Finally, if you drive a motorcycle, always ride responsibly and as actively aware as possible. This means:

• Watching ahead for any potholes, gravel, or puddles
• 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

Not sure if you're aware of the best ways to protect yourself out there? We highly recommend taking a safety class. The Louisiana State Police offer a variety of motorcycle training programs, ranging from basic rider courses to more advanced lessons. There are a variety of other high-quality safety programs as well.

Motorcycle Safety Awareness Month is about reducing accidents and raising awareness about motorcycles with all drivers. Even if you don't drive a motorcycle, you can do your part to help all people on the road arrive at their destination safely.

Here's how:

• Practice caution when approaching a left turn, ensuring you use your turn signal and the road is clear of motorcyclists or allowing them to pass before turning
• Become aware of motorcycle turning and braking patterns
• Give motorcyclists the same (or more) space as you do other vehicles, allowing them a full lane width
• Yield to motorcyclists and give them plenty of space—even the smallest nudge can lead to a crash
• Check your mirrors and blind spots for motorcyclists before changing lanes or making turns
• Avoiding any and all distractions while driving, such as texting, eating, or playing with your car radio

The Washington Motorcycle Safety Program released a video that shows how to be more aware of motorcyclists on the road. It gives good examples of what to look for and motorcycle movement patterns.

Even if you practice all of these safety guidelines, you could still be in an accident. Unfortunately, an earlier report notes that in two-thirds of passenger car and motorcycle collisions, the car violated the motorcyclist's right-of-way.

If the worst happens, there is help.

At Huber Thomas & Marcelle, we're dedicated to helping victims recover after an accident. We’re tireless advocates for our clients, helping you secure the compensation you need to cover any long-term costs after an accident. We also help you make sense of the insurance claims process. You can learn more about our approach to motorcycle accidents here.

If you've recently been in a motorcycle accident, contact us today for a free consultation. We can walk you through your legal options.

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.

Rideshare companies are becoming a way of life, especially for those who live in big cities. According to a Pew Research Center survey, 36% of adults say they have used a ride-hailing service such as Uber or Lyft. For people who travel often, it’s an easy and convenient option. Gone are the days of renting a car or hailing a taxi. Unfortunately, with every advancement in technology, there are always issues that arise. While any car accident can be traumatic, those involving rideshare companies are particularly complicated. Uber lawsuits and Lyft lawsuits are difficult to navigate because you’re dealing with the driver, as well as the ride-share company and multiple insurance companies with individual interests.

At Huber Thomas & Marcelle, we have the necessary experience to help you navigate the complexities of rideshare accidents and issues. We can walk with you through the process, fighting for you every step of the way. The following profiles of Uber lawsuits show just how complex and varied these cases can be.

In August of 2015, a woman named Maria Vergara filed a proposed class action lawsuit against Uber. The suit claimed that Uber sent her continuous, unwanted texts over the course of several weeks. According to Vergara, they were urging her to complete the app’s sign-up process. Other named parties included Jonathan Grindell, Jennifer Reilly, James Lathrop, Sandeep Pal, and Justin Bartolet.

So why was this an issue? The Telephone Consumer Protection Act, also known as “TCPA,” forbids companies from sending automated text messages to individuals without consent. In 2018, Uber settled the lawsuit for $20 million. If an individual received one or more text messages from Uber between December 31, 2010 and August 17, 2017, they were potentially eligible for a payment from this class-action Uber lawsuit.

The $20 million settlement had three separate settlement classes:

• Class A: Everyone Uber texted about its Refer-a-Friend program
• Class B: Potential drivers who partially completed the company’s application and continued to receive unwanted texts from Uber, even after they asked the company to stop
• Class C: Everyone who did not provide their information to Uber, but received unwanted texts

As of August 2018, all checks were sent to eligible Settlement Class Members who filed a valid claim. However, in addition to paying $20 million in settlement money, Uber also agreed to make several changes.

First, the company discontinued its Refer-a-Friend automated text messages. They also made changes to the opt-out system to automatically unsubscribe recipients who reply with certain opt-out words. Furthermore, Uber improved their sign-up technology to reduce the likelihood of texting or calling wrong phone numbers in the future.

Updates to the case

Even with changes put into place, Uber continues to face ongoing allegations of TCPA violations. One of these suits came up just months after the $20 million settlement. In April 2018, a lawsuit filed in Florida challenged Uber’s alleged practice of sending template text messages to former drivers. According to the plaintiff, these text messages urge former drivers to come back to Uber and continue working.

Further, in late 2019, the District Court for the Southern District of California ordered another Uber TCPA case to arbitration. The plaintiff was a user of Uber’s ride-sharing service. However, the plaintiff began receiving unwanted calls regarding Uber’s other application, “Uber Eats.” This particular app enables users to order food from local restaurants and have it delivered to them. The problem was that the plaintiff did not own or operate a restaurant and had no interest in the calls. Furthermore, the plaintiff contacted Uber at least three times in an effort to stop the calls but was unsuccessful.

Were you affected?

The original TCPA Uber lawsuit is now closed and all Settlement Class Members who filed a claim have been paid. However, Huber Thomas & Marcelle can assist if you’ve been affected by similar matters.

No one wants to be on the receiving end of endless solicitation. Due to the costly nature of TCPA violations, most businesses use verification codes and advanced systems to ensure the accuracy of information on file. Unfortunately, others continue to ignore their responsibility to uphold the guidelines set forth in the Telephone Consumer Protection Act.

If you’re receiving continuous calls and/or text messages you didn’t sign up for, our team of lawyers can help. We work hard to obtain fair settlements for our clients.

Beyond issues of unwanted communication, there are additional lawsuits playing out against Uber and other rideshare companies. As the popularity of this mode of transportation grows, both passengers and drivers encounter issues that lead to litigation.

Here is a look at some of the other Uber lawsuits and rideshare lawsuits making their way through the court system.

Wage issues

Perhaps the Uber issue most frequently reported in the media deals with wages.

For example, in November 2019, drivers in New York City filed a lawsuit against Uber for millions in lost wages. The suit claims Uber deducted money from the paychecks of 96,000 drivers for both the state’s sales taxes and a surcharge meant to apply to rides between states. According to the drivers, their contract requires them to be paid the full fare minus Uber’s service fee. In addition, the lawsuit alleges that Uber required passengers to pay a higher fare than what was being reported to drivers. In turn, the company would pocket the difference.

Prior to this, New York City approved minimum wage protections for rideshare drivers. The new law requires Uber to pay them $17 an hour for their work. Other cities, including Seattle and Los Angeles, are also considering the implementation of minimum wage requirements for rideshare drivers.

Employment classification

Beyond the issue of fair wages is the challenges over employment classification. Uber, Lyft, and other similar rideshare apps classify their workers as independent contractors. If true, this means that they do not have to provide health insurance, overtime pay, and other benefits that are required for employees.

O’Connor v. Uber has made waves in the court system since 2013 about this issue. This initial case was nearly over in 2016 when Uber agreed to pay $100 million in a class action lawsuit. The catch? Uber would be able to continue classifying drivers as independent contractors. A federal judge argued the amount was insufficient, and since then, things have shifted. The Supreme Court issued a ruling that supports employers forcing workers to use arbitration, as opposed to class action lawsuits. From there, the Ninth U.S. Circuit Court of Appeals reduced the size of the class that will participate in the settlement.

In California, Uber recently joined forces with Lyft and other food delivery apps to fight legislation that forces them to classify drivers as employees. Assembly Bill 5 states that a worker is considered an employee unless they are free from the employer’s control, their work is outside the usual course of the company’s business, and they work as part of an independent job or business. As a result, Uber is rolling out changes to the app to prove that drivers truly are in control. They can view all of the details about a ride in order to decide if it is worth the time and rate. However, discussions will still continue about this contentious issue.

Sexual assault allegations

Both Lyft and Uber have also been at the center of lawsuits involving sexual assault. In Washington, DC, a woman is suing Uber for $10 million after being sexually assaulted by her driver. According to court documents, she confided in a social worker who contacted the police. After collecting DNA evidence that linked the driver to the assault, he pleaded guilty to one count of sexual abuse and is currently in jail.

Last year, 20 people filed a similar lawsuit against Lyft. They each claim they were raped or sexually assaulted by their drivers. The plaintiffs and their lawyers sued not only to seek damages, but also to demand that Lyft install cameras in all of their cars. In a statement, Lyft said they've launched more than 15 new safety features to combat these types of situations. However, lawyers say eight of the cases took place after these changes were put into place.

Uber accidents

Finally, with easier access to a ride, you would think the prevalence of car accidents would go down. After all, rideshare services present an affordable and convenient way to avoid distracted and impaired driving. However, some statistics show that rideshare programs lead to more miles on the road, which could mean more Uber accidents.

University of Chicago researchers found that new rideshare services in a city were associated with an increase of approximately 3% in the number of motor vehicle fatalities and fatal accidents (involving both passengers and pedestrians). As it turns out, the convenience may actually result in higher risk.

While any car accident is frightening, and potentially life-changing, rideshare accidents can be tough to navigate. Uber does carry insurance, but it still generally places the blame on drivers. That means your driver is typically responsible for any accident that occurs, not the rideshare company.

In March of 2018, a Philadelphia woman was injured after her Uber driver ran a red light. She suffered a fracture to her spine, along with a concussion and traumatic brain injury. Uber argues that by approving their “terms and conditions” when you sign up, you agree to resolve legal disputes only through binding arbitration. In short, this forces you to waive your rights to sue. However, a Philadelphia judge ruled that Uber can’t prove someone has actually read through the terms and conditions. Today, the woman continues to fight for a jury trial.

Unfortunately, data surrounding the prevalence of rideshare accidents is difficult to come by. While Uber does release safety reports, they typically leave out accidents that are non-fatal. According to representatives from the company, these numbers are simply too difficult to track.

Put simply, issues with these rideshare companies are complicated, contentious, and difficult to manage. If you’re dealing with the aftermath of a Lyft or Uber accident, we can help. At Huber Thomas & Marcelle, we work to obtain the fairest settlement for our clients and have dedicated experience with rideshare issues.

Whether you have mounting medical bills or have lost the ability to work, we understand the effect a car accident can have on your life. This is the case if you're a passenger, rideshare driver, or someone else on the road when the accident occurred.

Regardless of your involvement in this type of crash, you need an attorney with experience in these types of cases. Rideshare companies are giants in the transportation industry. You should never face them alone. Our experienced team at Huber Thomas & Marcelle can walk you through the process of getting the compensation you deserve. We have helped bring numerous cases to trial, with millions awarded to our clients.

For any potential rideshare or Uber lawsuit, you need the best legal team on your side. Call Huber Thomas & Marcelle for a free and confidential consultation about your case.

Originally posted August 17, 2017.

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.