Original post: Louisiana Record on March 10, 2017 by Michael Abella
LAFAYETTE – A Lafayette Parish resident alleges she was injured in a motor vehicle accident with a federal employee.
Crystal Gerard filed a complaint on March 3 in the U.S. District Court for the Western District of Louisiana, Lafayette Division against the United States of America alleging that the government entity failed to perform its obligations.
According to the complaint, the plaintiff alleges that on Jan. 29, 2015, she filed a Federal Tort Claim Act claim against defendant due to an injury she allegedly sustained in a vehicular accident caused by Robert Bannon, an employee of defendant’s Department of Agriculture, Forest Service. As a result of the accident, she alleges she has suffered physical and mental pain, lost wages and medical expenses.
The plaintiff holds United States of America responsible because on Sept. 26, 2016, the Office of the General Counsel for the Department of Agriculture allegedly denied to pay her claim.
The plaintiff requests a trial by jury and seeks judgment against defendant in an amount which is just and reasonable in the premises, plus interest, all costs of these proceedings and all other relief that may be just and equitable. She is represented by Donald J. Cazayoux Jr. and J. Lane Ewing Jr. of Cazayoux Ewing LLC in Baton Rouge and Yul D. Lorio and Kevin P. Tauzin of Tauzin & Lorio, Attorney at Law in Lafayette.
U.S. District Court for the Western District of Louisiana, Lafayette Division Case number 6:17-cv-00348
A fatal car accident killed one person and injured at least three people on Interstate 10, Sunday afternoon.
The Louisiana State Patrol responded to the scene after receiving a report of a multi-vehicle crash at approximately 5:30 p.m. According to a report, a Pontiac Grand was heading west of the highway when its driver suddenly lost control and crashed into the center median. It continued on and crossed through the eastbound lanes where it was struck by a passing Chevrolet Equinox.
Two passengers in the Pontiac, identified as a 25-year-old woman and a 5-year-old child, and three occupants of the Chevrolet sustained moderate to serious injuries. They were transferred to a local hospital for treatment.
Authorities later identified the 25-year-old female passenger as Ciara Lemon. She succumbed to her injuries in the hospital.
The driver of the Pontiac was identified as 24-year-old Kilian Webster. He was taken into custody and charged for reckless driving, having a child unrestrained in the vehicle, and operating with a suspended driver’s license. It was not clear if he was injured.
A three-vehicle collision on Wednesday, October 26th in Tickfaw injured one and killed another.
Hammond Police officers were trying to stop a vehicle driven by Darious Rashaad Ashton, 21. Ashton didn’t stop and resumed driving northward on Highway 1065. Upon reaching Sims Lane, he turned around going back to Hwy 1065. Ashton ignored a stop sign and struck a car driven by 20-year-old Trey Thomas. Shortly afterwards, a dump truck driven by 36-year-old Daniel Funderburk hit Ashton’s vehicle.
Police say that Ashton didn’t have his seat-belt fastened at the time of the accident. He was taken to North Oaks Medical Center in critical condition, but was pronounced dead shortly after arriving at the hospital. Thomas was wearing his seat belt and was brought to the hospital with minor injury. Funderburk was not harmed in the crash.
The Louisiana State Police Crime Laboratory collected blood samples for analysis.
A hit and run in Bayou St. John resulted in a cyclist sustaining multiple injuries after a driver in a white sedan struck her and then sped off.
Video taken by a neighbor shows the cyclist, identified as Michelle Phillips, riding away from the Mississippi River on Esplanade Avenue. As she traverses Crete Street, a white sedan reaches the intersection and collides with her. A stop sign is present on the Crete intersection.
New Orleans police responded to a call about the accident at 6:09 p.m. Philips was rushed to a hospital in an ambulance and treated for cracked vertebra and ribs. She was released Thursday.
In a separate incident that occurred two weeks prior, Rebekah Abernathy was struck by a driver while also riding a bicycle as she passed Magazine Street in front of the World War II Museum.
If have been involved in an accident that left you with significant injuries, the Cazayoux Ewing Law Firm can help you find a legal remedy. To discuss the details of your claim, please call our offices in Baton Rouge at (225) 650-7400 today.
The kind of prolonged medical and rehabilitative care that accident victims often need to recover from catastrophic injuries can become prohibitively expensive early on in the process of recovery. That being said, accident victims should retain legal representation as early on after the incident as they are able. At the Cazayoux Ewing Law Firm, our Baton Rouge personal injury lawyers understand just how much may depend on the outcome of this claim for you, and we can help you take any legal action necessary to hold the responsible party accountable for your pain and suffering.
Personal Injury Claims Our Firm Handles
Our legal team has the experience and the resources that you will need to aggressively pursue compensation with personal injury claim associated with the following:
If you’ve been hurt in an accident as a result of someone else’s mistake, there is no reason that you should be in the situation you are in right now, and we can help you do what is necessary to put this legal matter behind you once and for all. These kinds of injuries are catastrophic and can have lifelong consequences. If you’ve been hurt in such a way, you may be able to fight for compensation that will help with your current and future medical expenses. Get in touch with a catastrophic injury lawyer to learn more.
Consult with a Personal Injury Attorney in Baton Rouge
If you or someone you love was injured in an accident that was caused by the negligence or recklessness of another person, you should reach out to an attorney to discuss what legal action you may be able to pursue against the responsible party. To speak with a Baton Rouge personal injury attorney from the Cazayoux Ewing Law Firm about the particulars of your claim, please call our offices at (225) 650-7400 today.
You may still be able to recover partial compensation for your pain and suffering if you were found to be partially at fault for the accident. Since Louisiana determines liability under a pure comparative system, you may recover compensation from any other party that was found to be responsible for the accident; however, the amount of compensation you will be able to recover will be reduced by the amount of responsibility a judge determines you to share for the accident. In more practical terms, you would only be able to recover 60% of the total damages awarded for your claim if you were found to be 40% responsible for the accident.
If you or a loved one was injured in a catastrophic accident, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about the amount of compensation you may be able to recover for your pain and suffering, even if you were found to be partially at fault for the accident. To speak with a personal injury attorney in Baton Rouge about the particulars of your accident, please call our offices at (225) 650-7400 today.
The financial burdens that often come to be associated with catastrophic accidents can quickly become overwhelming for victims and their families. While it may be possible for victims to recover compensation from the party responsible for the accident, these claims can hinge upon the victim’s ability to establish that some negligent action or inaction caused the accident itself. Bearing that in mind, it will be necessary to establish that the following basic aspects were true of the party believed to be responsible for the accident:
- That the party had some duty to fulfill —for instance, not to drive while under the influence;
- That this duty was disregarded—for instance, he or she drove while drunk;
- That this breach of duty actually led to the accident—for instance, the wreck was caused by impairment;
- That the accident should have been an obvious consequence of breaching this duty—for instance, it would be obvious that impairment could cause an accident; and
- That this breach of duty resulted in actual harm—for instance, you or a loved one was hurt by a drunk driver.
If you believe that your catastrophic injury was the result of another’s negligence, you should consult with a Baton Rouge personal injury attorney at the Cazayoux Ewing Law Firm about what legal action may now be available to you and your family. To speak with a Baton Rouge personal injury attorney about the particulars of your circumstances, please call our Baton Rouge offices at (225) 650-7400 today.
