-  Jeff Rabb

Every driver has certain responsibilities when they decide to get behind the wheel to drive. Drivers have the duty to obey traffic signals, keep a proper lookout for pedestrians, keep a lookout for other vehicles, and maintain their vehicle in good working order. Basically, they have the duty to exercise reasonable care. These duties seem very simple and obvious, but people break these rules every day. When people ignore these basic rules, car accidents happen that can change someone’s life forever.

The two most common types of car accidents are rear-end accidents and left turn accidents.  A rear end accident occurs when one vehicle runs into the rear of another vehicle.  The vehicle that rear-ends someone is presumed to be at fault.  A left turn accident occurs when a driver turns left in front of another vehicle. Under that scenario, the driver that turned left is presumed to be at fault.  When someone is presumed to be at fault, it means that they now have the burden of proving that they were not at fault.

With offices throughout the state, Dudley DeBosier Injury Lawyers represent individuals in Baton Rouge and throughout Louisiana who have been injured. If you or a loved one has been involved in an accident Baton Rouge or anywhere in Louisiana, contact the attorneys at Dudley DeBosier for a free consultation.

The AAA foundation predicts that on average there are 130 deaths each year on New Year’s Eve.  New Year’s Day is the most fatal day of the year as a result of drinking and driving.

Not only is the New Year celebration dangerous for drivers it is also the most dangerous day of the year for pedestrians according to an article in the Journal of Injury Prevention. New Year’s Day has more pedestrian deaths than any other day of the year. 58% of pedestrians that died had high levels of alcohol in their system.

Attorney Chad Dudley says, “New Year's is a great time to celebrate the upcoming year with friends and family, we just ask that people be aware of the dangers and celebrate responsibly. If you are going to be drinking, don't drive, and help make the roads safer for everyone."

Dudley DeBosier Injury Lawyers ask that you be responsible this holiday season. Taking a taxi or allowing a sober person to drive will ensure safety not only for you but others. If in the event you do partake in drinking alcohol, take extra precaution in your surroundings. These statistics show that you could be at harm even while being a pedestrian. Enjoy the holidays by drinking safely and not driving drunk.

Caryn Tucker is an eleven year old little girl from Destrehan, Louisiana, and she has a rare form of brain cancer called Gliomatosis Cerebri Anaplastic Astrocytoma.  Caryn and her family and friends have been doing everything they can to get her the care, love and support that she needs to get through this difficult time.  At this time, Caryn and her family have relocated to Memphis for four to six weeks in order for Caryn to receive treatment at St. Jude Children’s Hospital.

A Facebook page, “Prayers for Caryn,” has been created to share Caryn’s story with the world. Prayers for Caryn is a non-profit organization currently benefiting only Caryn, but once Caryn is healed, she hopes to one day support other children with cancer.

Dudley DeBosier Injury Lawyers wants to support Caryn and her family and will be donating $1 for every new “like” their Facebook page receives. Chad Dudley, the managing partner at Dudley DeBosier stated that, “We heard about Caryn’s story, about her courageous spirit, and we wanted to help out”. In order to support Caryn and her family, be sure to “like” Dudley DeBosier’s Facebook page. To find out how you can do more to help, visit the Prayers for Caryn page on Facebook.

December 6, 2012—Columbus, Ohio—A bill scheduled to be heard in the Ohio Senate would penalize asbestos victims for failing to report any asbestos trust claim payments if they file a new claim with perjury and other charges.  The bill stems from the practice of a few lawyers who the government believes are “double-dipping” by filing simultaneous claims with more than one trust alleging that different products caused their clients’ illnesses.

The law was conceived in an attempt to target a few lawyers and clients in highly-publicized incidents in which unscrupulous attorneys have manipulated the system to obtain higher settlements and, consequently, hire returns for themselves.  As in most highly-publicized cases, the average asbestos victim and his or her lawyer have nothing to do with this practice, but would still suffer the consequences.  Passage of the bill could feasibly allow defense attorneys to bar claims for very tentative reasons and allow the defendants in these lawsuits to escape payment of damages.

The bill, titled the “Asbestos Disclosure Bill,” would require victims to give a sworn statement and disclose their claims against other employers, manufacturers, or parties in these lawsuits.  If the victim has received payment from any other source, the claim could be denied.  However, proponents maintain that it would not bar asbestos victims from filing multiple claims if they were indeed injured by multiple businesses or employers.

Unfortunately, in practice, the bill may do just that.  Defendants and their attorneys are looking for any reason whatsoever to deny their negligence and liability in these lawsuits.  Many employers knowingly exposed their employees to needless dangers that resulted in serious illness or death from mesothelioma and other forms of cancer when they allowed employees to work with asbestos without proper protection.  Now, this bill promises to be a boon for the defense attorneys who are desperate to keep their clients from having to pay out large sums of money to settle these claims.

Furthermore, the focus of the bill is not on the handful of attorneys who manipulated the system but on the victims themselves.  Most victims are not lawyers and do not have the working knowledge of the legal system necessary to avoid these types of problems.  It is an attorney’s responsibility, whether he or she represents the plaintiff or the defendant, to protect the client’s interests.  Ultimately, the victims who have already suffered health problems from asbestos would be the ones charged with perjury and made to pay court costs or fines or even to serve jail time.

Clearly, this bill has issues that should be addressed by plaintiff’s attorneys as a whole.  Although the bill originates in Ohio, it could have long-lasting repercussions for all asbestos victims.  By targeting the victims of these terrible illnesses, this law, while intending to do good, may actually victimize this class all over again, and that would indeed by a terrible miscarriage of justice.

Source:  Mesothelioma Cancer Alliance, “New Ohio Bill Will Require Asbestos Victims to Name All Trust Claims at Threat of Perjury,” Kristen Griffin, December 5, 2012.
B&C News Blog

The U.S. Public Interest Research group has issued their 27^th annual Trouble in Toyland report that emphasizes the most dangerous toys for children to play with. Parents should play close attention to the toys purchased for children in this holiday season.

The most dangerous components of toys found for 2012 are chemical presence of lead and phthalates, magnets, choking hazards and loud noises. NSW Fair Trading reports that this year’s 117 dangerous toys are down from last year’s 142.

If a child is exposed to lead, it can affect almost every organ in the body. Young children that are exposed to lead can develop permanent mental and developmental impairments. If children chew or suck on their toys with lead, it is possible they can swallow lead dust or chips of paint. As recent as 2007, millions of toys were recalled that had high levels of lead.

Phthalates are compounds added to plastics to increase flexibility and are used in many toys. Exposure to phthalates can cause negative health effects for children in the early development phase. Six different types of phthalates exist and three have been banned for use in children’s toys by the CPSIA.

If in the event a child swallows a magnet, it could cause severe health problems. Between 2009 and 2011, it is estimated that there were 1,700 emergency room visits for ingested batteries. Medical experts report that 89.9% of the time swallowing batteries will cause no problem but always seek medical attention in the event a child consumes a battery.

Children’s toys that have small parts that can fit into the mouth have been dangerous toys for decades.  The Trouble in Toyland 2012 report says between 1990 and 2011, over 200 children have died from choking incidents. Parents are advised to be cautions when purchasing toys for children that have small parts that detach.  Attorney Chad Dudley, the managing partner of Dudley DeBosier Injury Lawyers, states “It is important to be aware of the dangers of certain toys that are out there on the market. Things that can seem harmless can have hidden dangers.  This report is helpful in that it puts parents on notice of some of these dangers.”

The National Health and Nutrition Examination Survey showed that one in five U.S. children will have hearing loss by the time they reach the age of 12. Hearing loss has been linked to toys and electronics that emit loud sounds. Close to ear toys, such as toy cell phones are particularly dangerous.

If you are unsure if a toy is safe or not visit http://www.safekids.org/safety-basics/safety-resources-by-risk-area/toy/.

November 19, 2012—Long Beach, California—A Seal Beach resident and two others were killed in a car accident near the Long Beach Airport, according to a report in The Orange County Register.  The collision took place beneath the I-405 bridge on Redondo Avenue.

The driver, 36-year-old Mark Martineau, lost control on the rainy road and struck a portion of the bridge’s underpinning.  He was declared dead along with Richard McAleavey, 54, at the scene of the accident.  A third victim, Terrence Harris, 36, died a short time later at a local hospital.

Police believe the driver was speeding prior to the crash and are unsure if he was wearing a seat belt at the time of the accident.  The passengers were not using safety restraints either.  Police are asking for any witnesses to the accident to come forward.

My sincere condolences go out to the families of these three men.

Weather Conditions Play Small Part in Fatal Accidents

According to the Statewide Integrated Traffic Reporting System of the California Highway Patrol, rainy conditions prevailed in 122 of the 2,520 fatal accidents in California in 2010.  This means that only five percent of fatal accidents might have been caused by raining conditions.  421 fatalities, or 18 percent, of fatal accidents occurred during cloudy weather; three fatalities, or less than one percent, occurred during snow; 22, or about one percent, occurred during fog; and only one fatality occurred during windy conditions.  By far the majority of fatal accidents, 1,939 or 77 percent, occurred during perfectly clear conditions.

This is not to say that weather cannot contribute to car accidents.  However, it does not seem to be the prevailing factors in most collisions.

What Other Factors Contributed To This Accident?

If the driver was indeed speeding as the police suspect, the cause of the accident becomes more understandable.  At least 396 people died in 2010 in California accidents as a direct result of excessive speed.  Speed combined with rain-slicked roads could certainly contribute to an accident.

It is unclear at this point whether alcohol was involved.  While it is not out of the question, the police are usually quick to suspect alcohol involvement in an accident and have not, until now, made any mention of the possible use of alcohol by driver or passengers.

Liability Issues in This Accident

It is very likely that the families of the passengers who were killed have some claim to recover damages.  Although the passengers may not have been wearing seat belts that does not completely dismiss the family’s claim for payments due to wrongful death.  A Los Angeles personal injury attorney should examine the case and help the families collect these payments.

Frankie Jo Weaver, 62, of Cerritos, was killed in a San Bernardino car accident after her car's tire failed and the vehicle rolled over. According to a news report in The San Bernardino County Sun, the fatal rollover accident occurred as Weaver was driving west on the 40 Freeway near Newberry Road in Newberry Springs, the morning of November 12, 2012. Officials say the tread on one of the vehicle's back tires separated causing Weaver to lose control. The car overturned across the center divider. Weaver was pronounced dead at the scene.

My thoughts and prayers go out to the family members and friends of Frankie Jo Weaver for what they going through at this time. I offer them my heartfelt condolences.

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James Peltier, a partner at Dudley DeBosier Injury Lawyers, says his role model is a previous boss, Baton Rouge Lawyer Burton Guidry.

James Peltier said, “Burton was just a jolly good guy, a great people person and knew his way around the court house.”

James learned a lot of his communication skills from Burton. James recalls how Burton had such compassion for each of his clients. He did all that he could to help a client regardless of money. Burton took James under his wing and helped him get started as a successful lawyer in Baton Rouge.

Burton gave a James a plaque with a note on the back saying, “Welcome to the club. A piece of advice, never take a case unless you like the client.” Dudley DeBosier goes above and beyond to help each client our office represents.

James is very thankful for all that he learned from Burton. He learned how to be a better lawyer and enjoyed working for someone who cared so much about his clients. James has carried the values he learned from Burton to his practice, Dudley DeBosier Injury Lawyers.

Isaac Cory Buchanan, 20, suffered major head injuries in a Rancho Cucamonga car accident after he was struck by an SUV at a street intersection while riding his skateboard. According to a news report in The Press-Enterprise, the major injury collision occurred at Palm Drive and 19th Street in Rancho Cucamonga on October 30, 2012. Police say Buchanan was riding south on Palm Drive when a Toyota SUV driven by a woman that was westbound on 19th Street, hit him. He suffered severe head trauma and was airlifted to an area hospital. The driver was transported to a hospital as well for treatment of chest pain. The investigation is ongoing.

My thoughts and prayers are with Isaac Cory Buchanan who sustained severe injuries in this crash. I wish him the very best for a speedy and complete recovery.

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October 28, 2012—Seal Beach, California—A motorcycle accident on the 22 took the life of a  man Thursday afternoon, according to the Orange County Register.

The accident occurred around noon at the off-ramp for Seventh Street in Seal Beach, according to California Highway Patrol sources.  According to early reports, James Robinett, 57, drifted to the right of the freeway and struck an asphalt divider.  He was thrown off the bike and landed on a guardrail.  There is no indication of what led Robinett to drift off the road.

My sincere condolences go out to Mr. Robinett’s family and friends at this time.  Comments on the OC Register article show this man was a local and was friends with several people from a local pizza restaurant in La Palma called Paesano's New York Pizza.  Relatives of the man also left "rest in peace" comments for Mr. Robinett as well as a few friends who were shocked and saddened by the accident.

Motorcycle Collisions Are Often Driver’s Fault

Unlike the circumstances that appear to have occurred in this accident, the majority of motorcycle accidents involve more than one vehicle.  In about three-fourths of all motorcycle collisions, the rider is hit by the driver of a passenger car or strikes the other vehicle, according to the National Highway Traffic Safety Administration.  Motorcyclists are 35 times more likely to die in collisions than drivers or passengers in cars, primarily due to the unprotected nature of riding on a bike as opposed to riding in a car.

What Caused This Motorcycle Accident?

At this time, the authorities are continuing their investigation into the cause of this crash.  It is unlikely that the rider deliberately drifted into the right lane of the freeway, so either the driver made an error or something caused him to move to the right enough to strike the concrete divider.  It is possible that another vehicle cut him off, although from the early police reports it sounds as if witnesses seem certain this was not the case.  It is also possible that the man suffered some type of health issue that caused him to pass out or become unable to steer the bike properly.  An autopsy may be performed to confirm his health status at the time of the accident and attempt to determine if he suffered a stroke, heart attack, or diabetic condition that led to the accident.

What Are the Liability Issues in this Accident?

If the rider did suffer from some health issue, there may be no liability in this accident.  On the other hand, if he was given medication or some other form of treatment that led to his inability to ride the bike safely and if he was not warned of this possibility, there could be a liability issue with the healthcare provider for a wrongful death lawsuit.  Similarly, if the rider simply made an error in judgment, there is not a liability issue in this case; however, if another car cut him off or if there was a mechanical malfunction with his bike, there may be grounds for a lawsuit.  A motorcycle accident attorney should examine the facts of the case to determine the issues that may govern the handling of this matter.