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Articles Posted in Accidents

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What is Decretal Language, and Why is it Important?

In the legal world, every word holds significance. Clarity and precision are of the utmost priority because even the slightest bit of ambiguity can have dire consequences. This is a truth that Terry Gotch would later find out after he filed suit against Scooby’s ASAP Towing LLC following a vehicular…

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Who Is Responsible For Damages In Accident Involving Borrowed Car And Inadequate Maintenance?

It is common to borrow a car from a family member or friend. If you are unfortunately involved in an accident while driving a borrowed car, who is liable for damages if the accident results from inadequate maintenance?  While Holly Fontenot was driving a car owned by Patricia Neil and…

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How Is Coverage Divided When Multiple Insurance Policies Are Involved?

If you are involved in an automobile accident, it can be difficult to navigate insurance claims and coverage. The situation becomes even more complicated when there are multiple insurance policies involved. How is coverage allocated between multiple relevant insurance policies? Sonya Theriot was unfortunately in an automobile accident in Lafayette,…

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Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?  Brandon Forvendel was injured in…

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Who Is Covered By A Settlement Agreement Release?

A settlement agreement can be an efficient way of resolving a claim and receiving compensation without a lengthy trial process. However, it is essential to understand what a settlement agreement does and does not cover to avoid surprises down the road if you later try to bring related lawsuits against…

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Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory

Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident. While Tammy Bloxham was…

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Can an Independent Contractor collect Workers’ Compensation Benefits?

The distinction between independent contractors and employees has always been something of a balancing test. This distinction becomes vital in workers’ compensation issues, where employees generally enjoy peace of mind with workers’ compensation in the event of an injury, whereas independent contractors usually do not. But are there some cases…

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Louisiana Jury Did Not Err In Apportioning Fault For Car Crash

In the heart of Lafayette Parish, Louisiana, tragedy struck on Interstate 10 as a routine drive turned fatal. Arthur Huguley, behind the wheel of a tractor-trailer for AAA Cooper Transportation, found himself in a situation that would forever alter the lives of those involved. A blown-out tire, a series of…

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Management Company Not Qualified As Additional Insured In Cleaning Company’s Insurance Policy

It can be challenging to interpret insurance policies, especially when they involve complex provisions such as coverage for an additional insured. Before signing an insurance policy, it is imperative to understand its language and what it does and does not cover. Here, the plain language of the insurance policy proved…

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