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

Uber, Lyft, and other ride-sharing services have become widely used in recent years. As a cheaper and more user-friendly alternative to taxi cabs, Uber has become the go-to service for a trip to the airport or a ride home when you’ve had a few drinks. The vast majority of Uber rides will result in arriving at your destination without incident. But what happens if your Uber driver gets into a wreck and you suffer an injury?

Uber and Lyft provide its drivers with third-party liability coverage up to at least $1 million per accident.¹ This means that if your Uber/Lyft driver is at fault, this insurance will cover liability for any damages to a third party such as the passenger. Uber also provides uninsured or underinsured motorist bodily injury coverage to its drivers. This covers any passenger in the vehicle when another driver is at fault, but that driver doesn’t have sufficient insurance coverage for your injuries. This coverage also applies to hit-and-runs where the at-fault driver is never identified.

So, if you are injured during an accident where your driver is at fault in Louisiana, both Uber and Lyft have a policy through the James River Insurance Company that covers your injuries for up to $1 million.² It is important that you contact a lawyer to ensure the proper party is sued.³ You don’t necessarily sue just the at-fault driver. Your lawyer would also send a letter to Uber and your driver instructing them to preserve evidence, requiring them to save all data or information related to your ride.

When another driver is at fault, you would first determine if the other driver’s insurance policy can cover your damages. If your injuries are serious and the other driver’s policy cannot cover the medical costs, then Uber and Lyft both have policies through the James River Insurance Company that could cover you up to $1 million.

If you get into a wreck while in an Uber, here are some recommended steps to follow that will assist your injury claims:

•     Call 911 and take pictures of the wreck, including the license plates of all vehicles involved.
•     Take down the names, phone numbers, and email addresses of any potential witnesses to the              crash.
•     Write down the name of your Uber driver and the other driver.
•     Take screenshots on your phone of the Uber ride and receipt.
•     Finally, if you are injured or incur any medical bills, hire an attorney to handle your personal injury        claims.

We understand it might be intimidating to take legal action against a large corporate entity like Uber, but you are not alone. With the help of legal assistance, people hurt by negligent drivers have been successful in recovering damages from Uber and other rideshare companies.

[1]https://www.uber.com/drive/insurance/ https://help.lyft.com/hc/en-us/articles/115013080548-Insurance-Policy

[2]https://www.uber.com/newsroom/an-update-on-insurance/

[3]http://time.com/money/4851877/my-uber-got-into-a-wreck-can-i-sue/

On March 18th, a self-driving Uber car being tested in Arizona killed a pedestrian. The autonomous Volvo SUV struck a woman crossing the street outside of the crosswalk. There was a driver behind the wheel, but the car was in autonomous mode at the time of the accident. Uber began testing their Volvo SUVs in Arizona in February of last year. Uber is also testing its autonomous fleet in Pittsburgh, San Francisco, Toronto, and Phoenix. After this accident, Uber suspended the self-driving testing in all of these cities.

The economic potential that autonomous vehicles represent has triggered a high-stakes competition between Uber, Google, Apple, Tesla, and major car manufacturers. These massive companies are in a race to be the first to achieve true autonomy, and are throwing loads of money at solving the problem. The company that finds a solution first stands to gain a significant market advantage over everyone still catching up. Truly autonomous vehicles could wipe out the trucking industry, taxi industry, and delivery industry in one fell swoop. Full automation of the $719 billion trucking industry could result in labor cost savings of about $300 billion. Thus, there’s a huge economic incentive for eliminating human drivers.

This heated competition has triggered lawsuits. Google’s Waymo sued Uber, alleging theft of trade secrets. A week into trial, Waymo and Uber reached a settlement, but the lawsuit resulted in some dirty laundry being aired out. The discovery process revealed the internal communications of these companies, shedding light on the mindsets of top executives. A win-at-all-costs mentality and desperation about coming in second was evident between both companies. Emails between Uber executives revealed their desire to “take all the shortcuts we can” because they saw it as “a race we need to win, second place is the first loser.”

Between 2014-2016, about 37,000 people died in car crashes each year. Part of the push for driverless cars and trucks has been increased safety and fatality reduction. Proponents of autonomous vehicles argue that a computer will make far fewer errors than human drivers, considering computers will not get distracted by phones, get tired, get drunk, etc. However, the Waymo-Uber trial inadvertently revealed that Uber’s motivation lies in achieving market dominance.

Additional fatalities are likely to happen as this technology proliferates and becomes more common, but any PR spin from Uber about its commitment to safety may ring hollow due to the short-cut strategy endorsed by its executives. More importantly, Uber will face massive legal liability for wrongful deaths and injuries if plaintiffs show safety concerns were ignored in pursuit of winning the race.

Uber is fully aware of this potential liability. From a cynical perspective, it’s possible that Uber believes the profits they stand to gain from winning will dwarf wrongful death and personal injury losses by so much that shortcuts are worth it. Thus, paying for fatalities and injuries may just be a cost of doing business in Uber’s quest to dominate the autonomous car market.

Baton Rouge police officials are investigating a traffic accident resulting in the death of a man attempting to change a flat tire on his van on Sept. 11. The motorist was struck while on the side of Louisiana Highway 42, also known as Burbank Drive.

The victim was identified and reported to be 80-years-old. He had parked his Toyota Sienna on the shoulder of the expressway. As he was changing his tire, he was struck when another driver lost control of his vehicle while maneuvering a curve in the road.

The incident resulted in the death of the man on the side of the road. He was pronounced dead at the scene. The condition of the other driver is unreported. Charges are pending and an investigation is ongoing for further causes of the accident.

Reckless drivers present a danger to other motorists on the road as well as pedestrians in the area. If you or someone you know was injured in a car accident due to the negligent and dangerous driving behaviors of another driver, contact the Baton Rouge personal injury attorneys at the Cazayoux Ewing Law Firm. You may be entitled to compensation for your medical expenses, damage to your vehicle, and lost wages as a result of injuries. Please call (225) 650-7400 today for more information on how our practice can help you.