Baton Rouge has a bicycle problem. This past November alone, two bicyclists lost their lives after they were struck by vehicles. On November 1, a person crossing Sherwood Forest Boulevard was hit by a passing car at 6:30 p.m.[1] On November 15, a man was hit trying to cross Florida Boulevard at 10 p.m.[2] Louisiana is the second worst state nationally for bicyclists’ deaths; 93 people have died statewide since 2015, with 11 of those occurring in East Baton Rouge Parish.[3] Statistics show that the victims are usually men, with the accidents typically taking place between 6 and 9 p.m.  

The issue of bike safety gained added awareness in June of 2018 when Baton Rouge Metro Councilman Buddy Amoroso was killed while riding in West Feliciana Parish. Many bike riders frequent the roads in West Feliciana due to the rolling hills and scenery. However, the popularity and the nature of the roads has made it a relatively dangerous area to bike. After Buddy Amoroso’s death, many of the cycling enthusiasts envisioned changes that would more heavily penalize drivers or admonish them to be aware of the bikers, but the opposite occurred.[4] 

The West Feliciana council passed an ordinance that drew heavy criticism from the cyclists, as the regulations were aimed at them as opposed to drivers. The ordinance requires cyclists to wear high-visibility vests, mandates that they ride in single file lines within two feet of the shoulder and that they ride in groups of 10 or fewer. The fine for a violation is $100. To protest the new ordinance, organizers of a race in St. Francisville canceled their event two days after it was passed.[5]

While the West Feliciana ordinance may not sit well with cyclists, city planners are trying to make Baton Rouge a more bike-friendly city. BREC is in the process of enhancing Baton Rouge’s biking infrastructure, connecting different parts of the city with bike lanes or creating separate bike paths.[6] The Department of Transportation is allocating $250,000 toward a bike master plan in Baton Rouge, with BREC receiving $50,000.[7] Part of the plan is to make a bike loop around the entire parish.

One reason Baton Rouge tends to be more dangerous for riders is that it is a very auto-centric city.[8] Planners hope to reduce the amount of car traffic and boost the number of cyclists downtown by bringing a new BikeShare program to the city. The service will strategically place bikes available for rent via smartphone in the downtown area and near the LSU campus, hoping to encourage biking and reduce the amount of vehicle traffic.

While Baton Rouge aims to become more bike-friendly, unfortunately, accidents are likely to occur until lasting changes are in place. Contact us if you are involved in a bicycle accident and would like helpful legal advice.

[1] https://www.theadvocate.com/baton_rouge/news/crime_police/article_826cb4c8-de3e-11e8-bddc-9ff3c0e8ca87.html

[2] http://www.wafb.com/2018/11/15/bicyclist-dies-after-getting-hit-by-vehicles/

[3] https://www.theadvocate.com/baton_rouge/news/politics/article_96cce980-c334-11e8-bb33-0b2accfc7d93.html

[4] https://www.theadvocate.com/baton_rouge/news/article_15f7ab6e-c74a-11e8-9bef-fb069954fa61.html

[5] https://www.knoe.com/content/news/Bike-races-canceled-after-Louisiana-city-imposes-new-rules-497582271.html

[6] https://www.225batonrouge.com/things-to-do/citys-bad-rap-bike-safety-encouraging-enthusiasts-put-riders-streets

[7] https://www.theadvocate.com/baton_rouge/news/politics/article_96cce980-c334-11e8-bb33-0b2accfc7d93.html

[8] https://www.225batonrouge.com/things-to-do/citys-bad-rap-bike-safety-encouraging-enthusiasts-put-riders-streets

On September 13, 2017, Max Gruver and his pledge brothers were called to the Phi Delta Theta fraternity house at LSU to participate in a hazing ritual. The pledges were quizzed on the fraternity and the Greek alphabet, pelted with hot sauce and mustard and forced to do “planks” and “wall sits.”[1] Wrong answers to the older fraternity brothers’ questions were met with the penalty of being forced to chug hard liquor. Max’s pledge brother could hear him messing up the Greek alphabet and a member of Phi Delta Theta making him drink repeatedly.

Sadly, Max would not survive the hazing by his fraternity. He passed away at Our Lady of the Lake Hospital with an astounding blood alcohol content of .495, more than six times the legal intoxication level for driving. An autopsy showed Max died of “acute alcohol intoxication with aspiration.” It became clear that the actions of Phi Delta Theta fraternity brothers contributed to Max’s passing. Ten of the fraternity members would later be arrested and charged criminally. One would be indicted by a grand jury for negligent homicide and three would be indicted for hazing.[2]

Max’s family has suffered an unexpected tragedy. However, they are seeking to produce positive changes from their loss, so that no other family must endure a similar experience. They created the Max Gruver Foundation to combat excessive alcohol consumption, bullying, and hazing in college.[3]  The Max Gruver Foundation hopes to strengthen the laws across the country pertaining to hazing, as well as implement regulations colleges should be enforcing.  

A primary goal of the foundation is to increase transparency, making fraternities and sororities disclose hazing incidents, excessive drinking, or penalties they’ve received. The hope is that these disclosures would permit parents and prospective members to make informed decisions while choosing a fraternity or sorority. If they see a long history of violations, they can choose to steer clear of that organization. The Max Gruver Foundation believes transparency and negative attention would cause Greek organizations to avoid engaging in bad behavior.

The Max Gruver Foundation also seeks to solve a critical dilemma often facing fraternity members. When illicit behavior results in a medical emergency, fear of getting in trouble produces a hesitance to get help. A delay in seeking medical attention could be the difference between life and death. Thus, the Foundation hopes to bridge the gap between serious legal consequences for wrongdoing and amnesty for doing the right thing by seeking help.

The advocacy of Max’s family has spurred the Louisiana legislature to take action. In May of 2018, Governor John Bel Edwards signed the Max Gruver Act and a set of anti-hazing bills into law.[4] This legislation has increased penalties and fines for individuals engaged in hazing, as well as created fines for the organizations themselves.

The criminal justice system is currently prosecuting the individuals responsible for Max’s death. Max’s family has also filed a suit against the university and Phi Delta Theta for turning a blind eye to violations and hazing incidents for years.[5]  Max’s family is hopeful these actions will result in significant changes to this culture and protect future college students. The Cazayoux Ewing Law Firm is proud to represent the Gruver family and seek justice for Max.

To carry forward Max Gruver’s legacy and promote positive changes to our laws, schools, and Greek organizations, please donate to the Max Gruver Foundation here.

[1] https://www.nbcnews.com/storyline/hazing-in-america/ten-arrested-lsu-phi-delta-theta-fraternity-hazing-death-n809806

[2] https://www.nola.com/crime/index.ssf/2018/03/4_indicted_in_lsu_hazing_death.html

[3] https://www.theadvocate.com/baton_rouge/news/education/article_0d3063f6-e74c-11e7-bf2e-8bb41204414b.html

[4] https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_7648a0c0-64e1-11e8-8074-dff7f1422134.html

[5] https://www.theadvocate.com/baton_rouge/news/courts/article_d93cd6e4-a189-11e8-9e61-438d3a74eb1f.html

Distracted driving is something that many of us have found ourselves guilty of at one point in time. There are numerous sources of distraction that can take our attention away from the road, such as talking on the phone, texting, adjusting the radio, using a GPS, applying makeup, eating, dealing with unruly kids in the backseat, etc. Regardless of the type of distraction, anything that takes our focus away from driving increases our chances of being involved in an accident. This article will take a look at the effects of distracted driving and analyze Louisiana’s laws regarding cell phone use.

The latest data from the National Highway Traffic Safety Administration shows there were 3,477 people killed and an estimated additional 391,000 injured in motor vehicle crashes involving distracted drivers in 2015.[1] This means that 10% of all fatal crashes in 2015 were related to distracted driving. Additionally, 15% of crashes resulted in injuries and 14% of all crashes reported to police involved distracted drivers. And 9% of drivers, ages 15 to 19 years old involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted at the time of a fatal crash.

The subset of distracted driving that has received the most attention in recent years is cell phone usage; as a result, you’ll find many ad campaigns trying to bring awareness to fatal accidents caused by someone in the middle of sending a text message. The National Highway Traffic Safety Administration considers texting the most dangerous distraction. Sending or reading a text takes your eyes off the road for 5 seconds; at 55 mph, that’s like driving the length of an entire football field with your eyes closed.[2]  More than one-third of people surveyed admit to reading a text or email while driving in the past 30 days, and more than one-quarter admit to sending a text or email.[3]

Although texting while driving has been getting the most attention recently, studies show that people talking on a cell phone are involved in more crashes than those texting. In 2010, an estimated minimum of 160,000 crashes involved texting or emailing, compared to 1.1 million crashes involving talking on cell phones.[4]  

One study indicated crash risk was two to six times greater when drivers were using a cell phone compared to when they were not distracted.[5] The NHTSA estimates that at any point during the day, 9% of drivers are using cell phones.[6] In 2016, the National Occupant Protection Use Survey found that handheld cell phone use continued to be higher among female drivers than male drivers; it also found that handheld cell phone use continued to be highest among 16- to 24-year-old drivers, and lowest among drivers 70 and older.[7] However, one study showed a bit of good news, a sign that awareness campaigns about cell phone use may be working: the percentage of passenger vehicle driver handheld cell phone use decreased from 3.8 percent in 2015 to 3.3 percent in 2016.[8]

Now that you know the extent of the danger involving cell phone usage while driving, here are the laws the state of Louisiana has enacted to combat this distraction:

1. Anyone with a learner’s permit may not talk on the phone at any time unless its use is for emergency purposes.[9]  
2. For all other drivers, you may legally talk on your cell phone even if you are not using a hands-free device unless you are in a school zone.[10]  If you are driving in a school zone, you may not engage in a call.
3. It is illegal for any driver in Louisiana to write, read, or send a text message while driving; it is also illegal to access, read, or post to a social networking site.[11]  Under this statute, you will not be found in violation if you are reading, selecting, or entering a phone number or name in your phone; it is also not a violation if you are navigating using a GPS.
4. In addition to being considered a moving violation, the penalties for texting/using social media or using a phone while in a school zone are the following:
   1. Up to $500 for a first offense
   2. Up to $1,000 for each subsequent offense
   3. If involved in a crash at the time, double the standard offense

In today’s world, distractions are all too common while driving. However, no matter how good of a driver or multitasker you think you are, it’s smart to minimize distractions as much as possible and devote your attention to the road so that you (or someone else) don’t become one of these statistics.

[1] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812381

[2] https://www.nhtsa.gov/risky-driving/distracted-driving

[3] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[4] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[5] https://www.iihs.org/iihs/topics/t/distracted-driving/qanda

[6] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[7] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812426

[8] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812426

[9] http://www.legis.la.gov/legis/Law.aspx?d=630882

[10] http://www.legis.la.gov/legis/Law.aspx?d=918939

[11] http://www.legis.la.gov/legis/Law.aspx?d=630881