Personal Injury Law

Is it illegal to text and drive in Louisiana? Distracted driving can lead to car accidents. So we ask is it legal to text while driving in Louisiana? Let’s take a look at the full text of La. R.S. 32:300.5 which deals with texting and driving in Louisiana: §300.5. Use of certain wireless telecommunications devices for text messaging and social networking prohibited A.(1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call. (2) No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site. (3)(a) “Wireless telecommunications device” means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. A “wireless telecommunications device” shall not include any device or component that is permanently affixed to a motor vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, two-way radio transmitters or receivers used by licensees of the Federal Communication Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function. (b) “Write, send, or read a text-based communication” means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail. (c) “Access, read, or post to a social networking site” means using a wireless telecommunications device to access, read, or post on such device to any web-based service that allows individuals to construct a profile within a bounded system, articulate a list of other users with whom they share a connection, and communicate with other members of the site. B. The provisions of Paragraph (A)(1) of this Section shall not apply to the following: (1) Any law enforcement officer, firefighter, or operator of an authorized emergency vehicle while engaged in the actual performance of his official duties. (2) An operator of a moving motor vehicle using a wireless telecommunications device to: (a) Report illegal activity. (b) Summon medical or other emergency help. (c) Prevent injury to a person or property. (d) Relay information between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle. (e) Navigate using a global positioning system. (3) A physician or other health care provider using a wireless telecommunications device to communicate with a hospital, health clinic or the office of the physician, or to otherwise provide for the health care of an individual or medical emergency through a text-based communication. C.(1) The first violation of the provisions of this Section shall be punishable by a fine of not more than five hundred dollars. (2) Each subsequent violation shall be punishable by a fine of not more than one thousand dollars. (3) If the person is involved in a crash at the time of violation, then the fine shall be equal to double the amount of the standard fine imposed in this Subsection and the law enforcement officer investigating the crash shall indicate on the written accident form that the person was using a wireless telecommunications device at the time of the crash. (4) Any violation of this Section shall constitute a moving violation. Acts 2008, No. 665, §1, eff. July 1, 2008; Acts 2010, No. 203, §1; Acts 2013, No. 62, §1; Acts 2016, No. 472, §2, eff. June 13, 2016. Here are ten good reasons not to text and drive: If you have been injured because someone was texting while driving, contact a car accident lawyer today. So, in summary, we should all be more careful to not text while driving.

What you need to know if you’ve been hurt in a car wreck. When people suffer serious personal injuries due to the negligence of another person, it can cause not only excruciating physical pain and trauma, but also severe mental pain and anguish too. We work hard to get to know your case inside and out.  Each accident and the resulting injuries are unique.  We realize that if you come to us, you are most likely in distress so we try to be a voice of reason and comfort in a trying time. Wrongful death cases are particularly troubling because the surviving family is going through extreme emotional distress as a result of the loss of their loved one. So we understand that it’s never a fun thing to have to search for a personal injury lawyer.  People look for lawyers usually when something bad has happened. Each and every client is a person who we treat with dignity and respect.  If you have any questions about your personal injury case, please call us for a free consultation. What do you do if you have been injured in a car accident in Covington? If you’re injured in a car accident, here are 10 things you should do: Seek medical attention: Your health and well-being should be your top priority. Get medical attention immediately after the accident, even if you feel fine. Some injuries may not be immediately apparent, and the adrenaline rush from the accident could mask pain or other symptoms. Seek medical attention immediately:  If you have been injured in a car or truck accident, seek medical attention immediately. Call the police: Report the accident to the police and request that an officer come to the scene. A police report can be valuable evidence when filing an insurance claim or lawsuit. Exchange information: Obtain the other driver’s contact and insurance information, as well as the names and contact information of any witnesses. Document the scene: Take photos and videos of the accident scene, including the damage to both vehicles and any injuries you sustained. If you’re unable to do so, ask someone else at the scene to take photos and videos for you. Notify your insurance company: Report the accident to your insurance company as soon as possible. Keep track of medical expenses: Keep a detailed record of all medical expenses related to your injuries, including doctor visits, hospital stays, medications, and rehabilitation. Contact a personal injury lawyer: If you sustained serious injuries or if the accident was caused by another driver’s negligence, contact a personal injury lawyer. They can help you navigate the legal process and ensure you receive the compensation you deserve. Don’t discuss fault: Avoid discussing fault or admitting fault at the accident scene or with the other driver’s insurance company. Stick to the facts of the accident. Follow your doctor’s orders: Follow all medical advice and treatment recommendations from your doctor to ensure you make a full recovery. Stay organized: Keep all accident-related documents, including medical bills, police reports, and insurance correspondence, organized in one place. This will make it easier to file an insurance claim or pursue legal action if necessary. If I am hurt in a car wreck, how will I be compensated? In a personal injury case, “pain and suffering” refers to the physical and emotional distress a victim experiences as a result of the accident and their injuries. This can include: Physical pain and discomfort caused by the injuries, including any ongoing pain or chronic pain. Emotional distress, including depression, anxiety, fear, and anger caused by the accident and its aftermath. Loss of enjoyment of life, including an inability to participate in activities or hobbies that the victim previously enjoyed. Loss of consortium, which refers to the impact of the injuries on the victim’s relationships with their spouse or family members. In a personal injury case, the victim may be entitled to compensation for their pain and suffering. The amount of compensation will depend on a variety of factors, including the severity of the injuries, the impact on the victim’s life, and the jurisdiction in which the case is being heard. An experienced personal injury lawyer can help victims understand their legal rights and pursue fair compensation for their pain and suffering. What is emotional distress? Emotional distress, as defined above in the context of a personal injury case, refers to the psychological impact a victim experiences as a result of the accident and their injuries. This can include a range of negative emotions such as fear, anxiety, depression, anger, and humiliation, among others. For example, emotional distress may result from the trauma of a serious car accident, particularly if the victim suffered life-changing injuries or witnessed the death or serious injury of others involved in the accident. Emotional distress can also arise from the stress and anxiety of dealing with the aftermath of an accident, such as medical bills, lost wages, and the uncertainty of the future. In a personal injury case, a victim may be entitled to compensation for emotional distress as part of their overall damages. An experienced personal injury lawyer can help victims understand their legal rights and pursue fair compensation for all the losses and damages they have suffered as a result of the accident. What is physical pain and suffering? Physical pain and suffering, as defined above in the context of a personal injury case, refers to the physical discomfort and pain that a victim experiences as a result of the accident and their injuries. This can include a range of symptoms such as: Acute pain or chronic pain in any part of the body Headaches or migraines Numbness or tingling in the extremities Stiffness or limited range of motion in the joints Muscle spasms or cramps Difficulty sleeping due to pain Scarring or disfigurement Reduced physical functioning or mobility The severity of physical pain and suffering can vary greatly depending on the nature and extent of the injuries sustained in the accident. Victims of car

Call 985-888-0640 to speak to a Covington truck accident attorney for a free consultation. If you are looking for a Covington truck accident attorney because you have been injured by an 18 wheeler, call us today. Because 18 wheelers can weigh up to 100,000 pounds (50 tons!), they can cause very serious bodily injuries to vehicle occupants who collide with the tractor trailer. The rules and laws that govern interstate carriers are different than those which govern passenger cars.  You need to hire a lawyer who is well versed in these different laws. If you have been seriously hurt in a truck crash, you should to speak to a lawyer who can explain the applicable rules to you.  You need a personal injury lawyer who also understands the pain you are going through and who doesn’t just treat you “like a number.” If you have been injured in a collision with an 18 wheeler, you may have suffered serious personal injuries you don’t even know about.  You may have suffered injured spinal discs (cervical / neck, lumbar / back or sacrioliac discs) that will require an MRI to find. You may have suffered a traumatic brain injury to your head that you aren’t aware of. This is why it is important to hire an attorney with experience in both the law and medical areas of serious truck accident injuries. What causes big truck accidents? Truck accidents can be caused by a variety of factors, including: Speeding Failing to obey traffic laws Falling asleep at the wheel Fatigued driver Reckless or aggressive driving What do I do if I have been injured in an 18 wheeler accident? If you have been hurt in a car or truck accident anywhere in St. Tammany Parish Louisiana, call us today so we can advise you of your rights. Even if you were not at fault, you still have certain duties and obligations you must follow in order to pursue your insurance claim. Most cases settle before trial but sometimes a case must be brought to trial for a resolution. If you have been injured in a car crash, be sure and call the police so they can investigate the collision and prepare a crash report. Also get medical attention if you need it. If you have any questions, please call David so that he can try and answer any legal questions you might have. Are there any legal deadlines I need to be aware of before contacting a Covington truck accident attorney? Yes, you need to be aware that under Louisiana law, victims injured in a big rig crash only have one year from the date of the accident to file their lawsuit. Call Kervin Law at 985-888-0640 to discuss your rights and options with a Covington Truck Accident Attorney if you have been hurt in a truck accident. Experienced Trucking Accident Lawyers Ready to Help You. Have you been injured in a big truck accident and looking for  trucking accident lawyers?  If you have been injured in a collision with an 18 wheeler, you should consider speaking to an experienced truck wreck lawyer. If you are searching for a trucking accident attorney near you, call us for a free consultation. We help those injured in 18 wheeler trucking accidents whether they occur in town or on the interstate. 18 wheelers can cause very serious injuries. With a weight of up to 50 tons and at a highway speed of 70 miles per hour, a big tractor trailer can cause very serious injuries to a motorist who collides with a negligent truck driver. 18 Wheelers have different insurance and regulatory requirements. Trucking accident law and insurance regulations are different than automobile collision insurance.   Big trucks are required to maintain more liability insurance than typical passenger cars. The type and level of insurance can also depend on whether the carrier is an intrastate or interstate carrier. Call us to assist you if you have been injured by an 18 wheeler. 18 wheelers, Tractor Trailors and Big Rigs. 18 wheelers go by many names: big rigs, semi-trucks, tractor trailers.  But whatever you call them, when they collide with an automobile, bad things can happen. We have seen many 18 wheeler wrecks on the I-12 route from Goodbee to the Covington exit, and from Covington to Slidell.  If you have been hurt by a semi truck in St. Tammany Parish, call Kervin Law for a free consultation.   Kervin Law, LLC 1978 N. Hwy 190, Suite A Covington, LA 70433 Call 985-888-0640, Covington Truck Accident Attorney

Call 985-888-0640 to speak to a personal injury lawyer. What types of cases does a personal injury attorney handle? Personal injury law covers a wide range of legal claims that arise when one person’s negligence, recklessness, or intentional conduct causes harm to another person. Some of the different types of personal injury law include: Car accidents: This is one of the most common types of personal injury cases, which involve injuries or damages resulting from car accidents. Medical malpractice: This involves injuries or damages that result from medical errors or negligence by healthcare professionals. Slip and fall accidents: This involves injuries or damages that occur due to slip, trip, or fall on someone’s property, due to unsafe conditions or negligence. Product liability: This involves injuries or damages resulting from the use of defective products or products that are unreasonably dangerous. Workplace accidents: This involves injuries or damages that occur while at work, such as construction site accidents or injuries caused by unsafe working conditions. Defamation: This involves harm caused by false statements or information that harm a person’s reputation, such as slander or libel. Assault and battery: This involves injuries or damages caused by physical attacks or threats of violence. These are just a few examples of the different types of personal injury law. Personal injury cases can be complex, and it’s important to seek the advice of an experienced personal injury attorney if you believe you have a case. How is an injured person compensated if they have been hurt in an accident and hire an effective personal injury attorney? In a car accident case, there are several types of damages that may be available, including: Medical expenses: This includes the cost of medical treatment for any injuries sustained in the accident, including hospital bills, doctor visits, prescription medications, physical therapy, and any other related expenses. Property damage: This includes the cost of repairing or replacing any property that was damaged in the accident, such as the vehicle or other personal belongings. Lost income: If the accident results in the victim being unable to work, they may be entitled to compensation for lost wages, including both past and future income. Pain and suffering: This includes compensation for physical pain, emotional distress, and any other non-economic damages that were caused by the accident. Punitive damages: Sometimes, punitive damages may be awarded to punish the at-fault party if they were injured by a drunk driver. What is Pain and Suffering damages? Pain and suffering is a category of damages that compensates a car accident victim for the physical and emotional distress they have suffered as a result of the accident. It can include a range of different types of harm, such as: Physical pain: This includes compensation for the actual physical pain and discomfort the victim has experienced due to their injuries. This may include ongoing pain, discomfort, or disability. Emotional distress: This includes compensation for the emotional trauma caused by the accident, such as anxiety, depression, fear, loss of enjoyment of life, and other emotional damages. Loss of consortium: This includes compensation for the impact the accident has had on the victim’s relationships with their spouse or family members, such as loss of companionship, intimacy, or other forms of emotional support. Calculating pain and suffering damages is often a complex process, as it is more difficult to quantify than economic damages such as medical expenses or lost income. Typically, the amount of compensation for pain and suffering will depend on the severity of the injuries, the impact of the injuries on the victim’s life, and other factors specific to the individual case. What are property damage claims? Property damage is a type of damage that is commonly claimed in car accident cases. It includes any damage to personal property that was caused by the accident. This can include damage to the vehicle(s) involved in the accident, as well as any other property that was damaged in the accident, such as bicycles, fences, buildings, or other personal belongings. To recover compensation for property damage, the victim will typically need to show that the at-fault party was responsible for the damage. This may involve providing evidence such as photographs, repair estimates, and other documentation to prove the extent of the damage and the cost of repairs or replacement. In most cases, property damage claims are resolved by the at-fault party’s insurance company, which will typically pay for the cost of repairs or replacement up to the policy limits. If the at-fault party is uninsured or underinsured, the victim may need to pursue compensation through their own insurance policy or through a lawsuit against the at-fault party. In addition to the cost of repairs or replacement, property damage claims may also include other damages, such as the cost of a rental car while the vehicle is being repaired, or the loss of use of the vehicle while it is being repaired. A Covington personal injury attorney can help ensure that the victim receives fair compensation for all property damage and related expenses incurred as a result of the accident. What is a loss of consortium claim? Loss of consortium is a type of damage that may be claimed by the spouse or family members of a car accident victim. It is a legal term used to describe the loss of companionship, affection, and support that occurs when a loved one is injured in an accident. In a car accident case, loss of consortium damages can be claimed by the victim’s spouse or family members to compensate them for the impact that the accident has had on their relationship. This may include compensation for the loss of the victim’s companionship, love, and emotional support, as well as the loss of any household services that the victim provided. To claim loss of consortium damages, the spouse or family member will typically need to demonstrate the impact of the victim’s injuries on their relationship. This may involve providing testimony from the spouse or family member