Auto Accidents

Your Car Accident Coverage May Not Be As Good As You Think

Do you trust your insurance company to cover you fully in the case of a car accident? After a crash, with medical bills and other losses piling up, some drivers have discovered that their trust in the insurance company was misplaced. Remember that insurance companies are running a business. They have every incentive to minimize their payouts to you, because it means more profits for them and their shareholders.

An Experienced Lawyer Can Help with Insurance Company Negotiations After a Crash

When negotiating with an insurance company after an accident, having an experienced attorney on your side can prove to be a valuable asset. A good lawyer will know the kinds of strategies insurance companies use to minimize payments to you — in other words, what they do to get you to accept less than you deserve.

Insurance companies might try the following strategies.

1. Shifting blame – If a party other than their insured is to blame for an accident, the insurance party may not have to pay. They are skilled in attempting to shift blame, either to you or to another party. They may also try to prove that you bear a greater responsibility of an accident than you do.
2. Getting you to admit fault – In the aftermath of an accident, people may be shaken or uncertain of just what happened. Insurance companies may ask questions that make you admit to more fault than you are responsible for — and you may not realize the import of these questions until it’s too late. They may demand statements that will later be used in court to argue that you were responsible.
3. Minimizing or lowballing medical conditions – Insurance companies may try to minimize the significance of injuries or conditions caused by the accident, or underestimate the amount of treatment needed. They may also lowball the dollar amounts needed for treatment.
4. Delay the claims and payments – Insurance companies sometimes gamble that if they take a very long time to process and pay out claims, people will forget, or become willing to settle for less.

Why You Should Have an Attorney Represent You

If you have been injured in a car accident, call Bart Bernard Injury Lawyers. Bart Bernard is a LA car accident lawyer who knows how to play tough with deep-pocketed insurance companies and their low-ball settlement offers.

We have offices in both Baton Rouge and Lafayette, Louisiana. Our initial consultation is free of charge and confidential. Call today or contact us online today. Hit Hard with Bart Bernard™!

Additional Resources:

1. How to Negotiate Your Car’s Value with an Auto Insurer after an Accident. ValuePenguin. https://www.valuepenguin.com/how-negotiate-auto-insurance-company-after-accident.
2. Tips for Settling a Car Insurance Claim. https://www.dmv.org/insurance/tips-for-settling-a-car-insurance-claim.php.

Halloween Safety Tips for Parents

As fall weather finally begins to settle into Louisiana, children and adults alike are preparing their costumes and decorations for Halloween. As you gear up for Halloween, keep in mind some often-overlooked risks and consider taking a few important safety precautions.

Halloween risks

Halloween is the only time of the year when parents are likely to dress their children in dark clothing and send them out in the neighborhood after dark, often unaccompanied. Accident statistics show that this puts children at risk for accidents, especially accidents involving cars.

Some of the factors that can lead to danger include:

• Ill-fitting costumes and masks that obstruct a child’s vision
• Dark-colored clothing
• Trick-or-treating during evening hours, with low visibility
• More than 10% of parents allow children age 5 or younger to trick-or-treat alone

Halloween pedestrian accident statistics

An often-cited statistic is that children are twice as likely to die in a pedestrian crash on Halloween than at other times of the year. However, a historic study released by the CDC puts the risk much higher – children are four times as likely to die in a pedestrian crash on Halloween – while its editorial notes explain that the results likely underestimate the true risk.

The CDC study analyzed FARS data from 1975-1996 and found that during that time period, from 4 p.m to 10 p.m. on October 31^st, there were a total of 89 deaths of pedestrians ages 5-14, for an average of four deaths per Halloween evening. There were a total of 8846 deaths for all other evenings, averaging one death per evening. However, the risk could actually be higher because:

• FARS data only counts on-road accidents, and does not include likely Halloween accident sites like driveways
• Many communities hold trick or treat festivities on days other than October 31
• Some Halloween festivities occur after 10 p.m.

Prevent pedestrian accidents on Halloween

If you are a parent, take the precautions to help kids stay safe:

• Choose face paint instead of a mask, which can limit vision
• Put reflective tape on costumes and treat bags
• Equip kids with flashlights loaded with fresh batteries
• Accompany kids under the age of 12
• Teach kids to make eye contact with drivers before crossing the street
• Remain on sidewalks and if there is none, then walk facing traffic on the farthest edge of the road

If you will be driving on Halloween or another night when there may be trick or treating:

• Keep watch for children crossing the street and even in driveways
• Do not assume that once a child has crossed the street it is safe to go; there may be another child or group following
• Drive slowly and anticipate kids acting unexpectedly
• Eliminate distractions

Get help from a Baton Rouge pedestrian accident lawyer

Halloween can and should be safe fun for the whole family. In the tragic case of an accident, you need a skillful and compassionate advocate. Baton Rouge and Lafayette car accident attorney Bart Bernard understands the emotional and financial impact that a pedestrian accident can have on victims and their families. If you or a loved one has been injured in a pedestrian accident, call today for a free consultation. Hit Hard with Bart Bernard™!

Additional Halloween safety resources:

1. National Safety Council, Halloween Safety On and Off the Road, https://www.nsc.org/home-safety/tools-resources/seasonal-safety/autumn/halloween
2. American Academy of Pediatrics, Halloween SafetyTips from the American Academy of Pediatrics, https://www.aap.org/en-us/about-the-aap/aap-press-room/news-features-and-safety-tips/Pages/Halloween-Safety-Tips.aspx
3. Centers for Disease Control, Childhood Pedestrian Deaths During Halloween — United States, 1975-1996, https://www.cdc.gov/mmwr/preview/mmwrhtml/00049687.htm

Teens Texting and Driving: A Growing Epidemic

A recent study shows a disturbing trend about teenagers and their driving habits. Nearly 38% text while driving. Not only that, but they do it frequently enough that 64% of those who do have done it at least once a month.

Teens Text More Where the Driving Age Is Lower

Thirty-five of the 50 U.S. states were covered in the study, which shows that in some states, many more teens text or e-mail while driving much more than the national average. In South Dakota, for example, 64% are engaged in texting and driving; in North Dakota, 58%; and in Montana, 55% are doing it. (Louisiana was not covered in the survey.)

According to the study, teenagers were more likely to text in states where the driving age was lower. White teenagers were 19% likely to text and drive, compared with 12% of African-American teenagers and 11% of Hispanic teenagers. Driving in a car with an adult decreased the chances of texting and driving.

Perhaps most sobering of all, in nearly all the states where teen driving and texting was surveyed —34 out of the 35 — texting and driving is against the law. Texting while driving has been proven to increase the chances of an accident up to 9 times.

What Can Parents Do?

Teens texting or e-mailing while driving presents a hazard not only to themselves, but also to other passengers in the car, and other motorists on the road.

It’s not enough to simply be concerned. Parents should consider the following steps to deter their children from texting and driving.

1. Don’t Text While Driving

The biggest thing parents can do is to set an example. If your children see you texting and driving, they will be more inclined to do it themselves. Put your phone away while driving. Make it clear that phones on and driving are two activities that don’t mix — any more than drinking and driving do.

2. Discuss the Dangers of Texting and Driving

Have a discussion with your teenagers about the specific perils of texting and driving. It may seem to them that their eyes are off the road for just 2 seconds. But remind them that it only takes 2 seconds for a car to pull out in front of them, or a child to walk in front of them. It’s enough time to cause a serious car accident that could even kill them or their passenger friends.

3. Use an App to Make Texting and Driving Impossible

Several apps are available that interface with the car’s GPS to make texting and driving impossible. You can monitor your kids’ phones to see if they’ve been disabled as well. An app like this may be a wise choice for your family.

Accident Caused by a Driver Who Was Texting? Call Bart Bernard to Discuss Your Legal Options

If you or a loved one needs a lawyer after a crash caused by a texting driver, call the Bart Bernard Injury Lawyers, with offices in both Baton Rouge and Lafayette. Call today to speak with Bart Bernard, an experienced Louisiana texting and driving accident lawyer who will fight for maximum compensation under the law. Consultations are free and we do not charge legal fees unless we win compensation on your behalf. We look forward to hearing from you!

Additional Resources:

1. Li, M.S., et al. Texting/Emailing While Driving Among High School Students in 35 States, United States, 2015. Journal of Adolescent Health, August 20, 2018. https://www.jahonline.org/article/S1054-139X(18)30250-7/fulltext
2. Young, Sarah D. “Nearly 40 percent of teens text while driving, study finds. Consumer Affairs. August 20, 2018. https://www.consumeraffairs.com/news/nearly-40-percent-of-teens-text-while-driving-study-finds-082018.html

How Much Is My Car Accident Worth?

A successful car accident lawsuit will establish the other driver’s fault and prove the extent of the plaintiff’s injury and loss. The Law Office of Bart Bernard can determine liability through police reports, traffic cams, witness statements, depositions, and other investigations. Most people sue once their treatment is completed, medical bills are available, and property damage estimate is complete. The State of Louisiana gives personal injury claimants up to ONE year after the date of the injury to file. A free case evaluation with a Louisiana car accident attorney can get the ball rolling.

What Compensation Is Available For Car Accident Lawsuits?

If you or a loved one were injured in a Louisiana car accident, you can collect compensation for:

• Past, present, and future medical bills
• Lost wages from time off work and loss of future earning capacity
• Disability-related home modifications or assistive devices (if necessary)
• Pain and suffering (calculated by the addition of medical bills + lost wages x a factor of 1-10 for injury severity)
• Emotional distress (if you can prove anxiety, fear, PTSD, insomnia, or other effects)
• Loss of consortium (if your disability hindered spousal relations)
• Loss of enjoyment in life (if you can no longer participate in a passion or hobby)
• Loss of companionship and burial/funeral expenses (in wrongful death cases)

Factors That Increase Car Accident Settlements

Typically, we see higher settlement or award offers when:

• The injuries are considered “severe” like broken bones, traumatic brain injury, or spine damage.
• The plaintiff required surgery or a hospital stay for acute treatment.
• The vehicle was seriously damaged in the accident, indicating more severe injury.
• A disability will reduce the amount of future income earned.
• The plaintiff can prove anxiety, fear, loss of sleep, or PTSD with the help of a therapist.
• The injuries affect physical consortium with a spouse, inability to enjoy hobbies, or day-to-day enjoyment of life.

Factors That Decrease Car Accident Settlements

The State of Louisiana operates by the law of “pure comparative negligence.” Generously, the state lets you collect damages even if you are deemed more than 50% responsible for the injury. However, if you are deemed at fault, you can expect the total amount of your settlement offer or jury award reduced. For instance, a $100,000 award may be reduced to $25,000 if you are 75% at fault for the accident.

Car Accident Case Results

The past is no guarantee, but Bart Bernard has had some impressive victories recently:

• $4.2 million jury award
• $1.75 million jury award
• $1.5 million jury award
• $1.5 million jury award
• $1.3 million jury award

For more than 20 years, Bart Bernard has served Lafayette, Baton Rouge, New Orleans, and Arcadiana as an award-winning car accident attorney who won’t back down from a challenge. As a member of Elite Lawyers of America and the Multi-Million Dollar Advocates Forum, Bart Bernard is no stranger to large settlements and wins in court. He also has a big heart and gives back to local charities like Miles Perret Cancer Services, the Opelousas Lighthouse Mission, and the Lafayette Catholic Services Center’s New Life Center. Contact a Louisiana office to set up a free consultation today.

Additional resources:

1. DMV.org, Accident Guide in Louisiana, https://www.dmv.org/la-louisiana/accident-guide/
2. Louisiana State Police, Crash Reports, https://crashreports.dps.louisiana.gov/ladpsecom/SearchCrashes.ts?m=search