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Monday, 20 September 2021

New Orleans Car Accident Lawyer in 2021 | car accident lawyers new orleans

New Orleans Car Accident Lawyer in 2021   

 US Police To Demand Tesla Car Crash Data, Elon Musk Denies Autopilot Use

The crash is being investigated by the National Highway Traffic Safety Administration (NHTSA)

Washington: 

Texas police will serve search warrants on Tesla Inc on Tuesday to secure data from a vehicle that crashed on the weekend, killing two people, a senior officer told Reuters on Monday.

Mark Herman, Harris County Constable Precinct 4, said evidence including witness statements clearly suggested there was nobody in the driver's seat of the Model S when it crashed into a tree on Saturday night.

Herman said a tweet by Tesla Chief Elon Musk on Monday afternoon saying that data logs retrieved so far indicated the car's autopilot was not engaged was the first officials had heard from the company.

"If he is tweeting that out, if he has already pulled the data, he hasn't told us that," Herman told Reuters. "We will eagerly wait for that data."

"We have witness statements from people that said they left to test drive the vehicle without a driver and to show the friend how it can drive itself," Herman added.

The crash is being investigated by the National Highway Traffic Safety Administration (NHTSA), which regulates vehicle safety, and the National Transportation Safety Board (NTSB).

In his tweet, Musk rejected the idea vehicle's driving software was to blame: "Data logs recovered so far show Autopilot was not enabled & this car did not purchase FSD", in a reference to Full Self-Driving, Tesla's semi-automated driver assistance system that requires driver supervision.

Musk added that "standard Autopilot would require lane lines to turn on, which this street did not have."

The 2019 Tesla Model S was traveling at high-speed near Houston when it failed to negotiate a curve and went off the road, crashing into a tree and bursting into flames, Herman said.

Authorities found the bodies of two people in the car, one in the front passenger seat and the other in the backseat, he added.

Just hours before the crash, Musk had tweeted: "Tesla with Autopilot engaged now approaching 10 times lower chance of accident than average vehicle."

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'SHOULDN'T BE A DEATH RISK'

The crash occurred amid increased scrutiny of Tesla's semi-automated Autopilot driving system. Autopilot was operating in at least three Tesla vehicles involved in fatal U.S. crashes since 2016.

Last month, the NHTSA told Reuters it had opened 27 special investigations into crashes of Tesla vehicles, 23 of which remain active, in crashes believed to have been tied to Autopilot use.

Tesla did not respond to a request for comment. Its shares closed down 3.4% Monday before picking up 1.5% in after hours trading.

Tesla advises drivers to keep their hands on the steering wheel and pay attention while using Autopilot. However, some Tesla drivers say they are able to avoid putting their hands on the wheel for extended periods when using Autopilot.

Senator Richard Blumenthal, a Democrat, wrote on Twitter that "using Tesla's driverless system - or any other - shouldn't be a death risk. Advancements in driving technology must first & foremost be safe."

The NTSB, which makes safety recommendations but cannot compel recalls, said it would send two people to conduct a safety investigation into the Texas crash focusing "on the vehicle's operation and the post-crash fire."

The NTSB has criticized NHTSA's approach to oversight of automated vehicles as "misguided, because it essentially relies on waiting for problems to occur rather than addressing safety issues proactively." It added NHTSA has "taken a nonregulatory approach to automated vehicle safety."

New Orleans Car Accident Lawyer

20 due to the March 22, 2020 Stay at Home Order directing all Louisiana residents to shelter at home and limit movements outside of their homes beyond essential needs. This was due to COVID-19.

There were 24 fatal car accidents reported by the New Orleans Police Department in all of 2019. 36 fatal accidents were reported in 2020 as well as 5 fatal hit and run accidents for a total of 41 fatal crashes. We’ve also got data on fatal bike accidents.


car accident lawyers new orleans:

Drivers and their passengers are injured every day on Louisiana roads and highways.  You may be a safe driver, but you cannot always control for the negligent acts of other drivers.

Unfortunately, according to a 2019 Louisiana Department of Transportation and Development Traffic Safety data, in 2019, there were 44,551 injury crashes involving 72,469 injuries and 713 fatal crashes with 763 related fatalities. There were also 115,064 property damage only crashes. In Orleans Parish, there were 39 fatal crashes with 42 total fatalities.  There were 16 fatal crashes involving alcohol with 17 fatalities.  There were 6,263 injury crashes with 10,353 total injuries.  There were 429 injury crashes involving alcohol with 612 injuries.  There were 13,628 property damage only crashes.  Of those, 604 involved alcohol.  Through June, 2020, there were 8,527 Total Auto Accidents in Orleans Parish, of which 3,306 where Hit & Run Accidents.  The City of New Orleans is reluctant to approve my visualization created with “Open Data” reflecting this grim reality.

 Furthermore, according to a 2019 study, there is a spike in reported New Orleans Car Accidents nearby in the two weeks before Mardi Gras.


 

If you suffered personal injuries or property damage in a New Orleans car accident near you, you may be facing important legal deadlines. Lavis Law Firm – Personal Injury & Accident Attorney will discuss your claim with you immediately. If we agree to handle your case, we will do so on a contingency fee basis. No fee is owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-226-5502 or complete our online form.


What Are 11 Key Steps to Take Immediately After a New Orleans Car Accident?

  • Photograph the IDs of all parties involved in the accident, including drivers, passengers, and other witnesses.
  • Photograph registration and insurance information.
  • Take pictures of the overall accident scene if you are able to.  Think overview of the intersection, overview of all sides of all cars involved, and also close-ups of damages of all vehicles involved.
  • Call the police and do not leave the scene of the accident unless it is due to a medical emergency.
  • Make a report to the police of what happened;
  • Do not apologize after the accident;
  • Do not state how you physically feel as sometimes injures and associated symptoms take time to develop.  Of course, if you are seriously injured, take an ambulance to the hospital.
  • Get medical treatment.
  • Do not give a recorded statement to any insurance company.
  • Do not sign authorizations for medical treatment.
  • Contact Lavis Law Firm – New Orleans Car Accident Lawyers for a FREE CASE REVIEW.  We work on a NO RECOVERY-NO FEE Basis.  You do not owe us any fee if we do not recover money for you.

How To Get Your car accident lawyers new orleans Report?

Here’s how to get a copy of your New Orleans car accident report: 

  1. Get it in person at the New Orleans Police Department, 
  2. Request a copy by mail from the police department, or 
  3. Buy a copy online through https://buycrash.lexisnexisrisk.com/

What Information is in the New Orleans Accident Report?

The information included in the New Orleans accident report can significantly impact the amount of money you received for your injuries and property damage. The at-fault insurance company will read through every word and will usually not even consider accepting responsibility for the accident until doing so to determine their driver was at fault for the accident. Don’t let the insurance company use the report against you. Contact us right now before you speak with the insurance company.
Louisiana law requires the NOPD investigating officer to file his crash report with the New Orleans Police Department within forty-eight hours after completing his investigation. The N.O.P.D Form 26 is typically given to the parties involved in the accident by the investigating officer. Reports may be available 14-21 Working Days after the accident. The N.O.P.D Form 26 that the New Orleans Police officer gave you at the scene of the accident is NOT the accident report. However, it contains key information for getting a copy of the report, such as:
  • Item Number,
  • Date of Occurrence and
  • Location of Occurrence.
car accident lawyers new orleans can be complicated. Finding and reading the accident report can be just as complex. You can explore our accident report guide below and contact a New Orleans Car Accident Attorney at Lavis Law Firm – Personal Injury & Accident Attorney. Call 504-226-5502 or Toll-Free 1-866-289-2802 for a Free Consultation.

How To Pick Up My Car Accident Report in Person?

A copy may be obtained for a fee, via U.S. mail or from Police Headquarters, First Floor, Records and Identification Division, 715 S. Broad St, New Orleans, LA 70119. If you plan on picking the report up from Police Headquarters, the office may have limited hours for pickup service so call them at 504-658-5455 before you go.

How To Order My Car Accident Report Online

Alternatively, if you would like to order the accident online, you may be able to do so at https://buycrash.lexisnexisrisk.com/

Tips On How To Read Your car accident lawyers new orleans Report (See FREE Sample Accident Report Below)

Insurance companies will try to find reasons to deny and delay paying your claim. Make sure the accident report is correct—details matter. So, check your personal information and make sure your name, address, driver’s license number, and exact date and time of your accident is correct.
Sometimes the investigating officer will fail to document your injury on the accident report and or even fail to list all of the passengers involved in the accident. If this happened to you, please contact us immediately as we have helped numerous clients resolve this issue.

Page 1 of the Report


Is Your Injury Listed? What Ambulance Service Did You Take? Does the Report Show Your Injuries? Your Ambulance Service?

Page 1 contains Crash Specific Date, Roadway Location Information, Contributing Factors and Conditions, and the Name of the Investigating Police Department and Emergency Services Information.

At the top of page 1, there are Data Entry Boxes for Work Zone, Hit and Run, Public Property Damage, Photos Made, RR Train Involved, Fatality, Pedestrian, and Injury. At the bottom of the page, there are Data Entry Boxes for Ambulance and Rescue Unit. If these are marked with an “X”, that means “Yes”, otherwise they are not marked.

All of the other boxes are marked “Y” for Yes or “N” for No.

Contributing Factors and Conditions “Primary Factor” and “Secondary Factor” Section includes Violations, Movement Prior to Crash, Vision Obscurement, Condition of Driver, Vehicle Conditions, Road Surface, Roadway Condition, Lighting, Weather, Traffic Control Kind of Location, Condition of Pedestrian, and Pedestrian Action.

Vehicle Configuration is also a part of Page 1 and provides a key for the investigating officer uses to describe each vehicle involved, such as Passenger Car, Bus, Truck, Tractor Semi-Trailer, Light Truck, Motorcycle, Bus, Van, School Bus, SUV, etc. The appropriate corresponding letter from each key is used to describe the vehicle on the Vehicle/Pedestrian page(s). Lavis Law Firm – Personal Injury & Accident Attorney has experience in handling accidents involving all of these vehicle types.

Emergency Services Section is used to describe the ambulance services used, for example, New Orleans EMS or Acadian Ambulance, and provides sections for Time Called, Arrived at Scene, Departed Scene, and Arrived Hospital. Many patients are taken to University Medical Center New Orleans, a Level I trauma center. Level I Trauma Center is capable of providing total care for every aspect of injury – from prevention through rehabilitation.

The investigating officer signs and the Supervising officer initials at the bottom of page 1.


Page 2 of the Report


Are Your Injury and Injury Codes Listed?

Page 2 contains information about one Vehicle/Pedestrian’s involved in the accident and includes identifying information about the pedestrian or vehicle, driver and/or owner of that vehicle  as well as VIN Number, Name, Address, License Number, Date of Birth, Insurance Information and severity of the Injury sustained (No Injury, Possible/Complaint, Non-Incapacitating/Moderate, Incapacitating/Severe or Fatality).  If the investigating officer omitted your injury on the accident report, contact us immediately as we have helped numerous clients resolve this issue.

Truck/Bus Crash Data section is completed for all vehicles involved in the crash that are being used for Commerce/Business and have a gross vehicle weight rating/ gross combined weight rating in excess of 10,000 pounds OR is displaying or should be displaying a Hazardous Materials Placard OR is a vehicle with seating for nine or more occupants including the driver.  Lavis Law Firm – Personal Injury & Accident Attorney has considerable experience with both truck accidents and bus accidents.


Page 3 of the Report


Who Was At Fault? Who Got the Ticket? Was the Reporting Officer Wrong?

Page 3 has a Contributing Factors and Conditions Section. A Contributing Factors and Conditions Section is also completed for each Vehicle and Pedestrian involved including, Vision Obscurements, Condition of Driver/Pedestrian, and Sequence of Events/Harmful Events, Violation, Driver Distraction, Reason For Movement, Movement Prior To Crash, Traffic Control, Pedestrian Action, Vehicle Condition, Vehicle Lighting, Traffic Control Conditions, Alcohol/Drug Involvement, Direction Before Crash, Final Location, Distance Travelled, Posted Speed, Estimated Speed, Skidmark Data and Damage to Vehicle and Citations Issued.

The section dealing with contributing factors is important for each vehicle involved. An insurance company will use this information when deciding fault and how much your case is worth. Make sure you agree with the officer’s description of your car accident lawyers new orleans. If you do not, contact us. We may be able to overcome this obstacle.

Additional Pages

Additional pages will be needed depending on the accident, including vehicle/pedestrian form for each vehicle and pedestrian involved, as well as forms for additional occupants, railroad or streetcar, supplemental narrative, diagram and/or written statement from a driver or witness if applicable. The included pages are numbered consecutively.

Auto Accident Statute of Limitations in Louisiana (known as Liberative Prescription)

Art. 3492 provides: Delictual actions are subject to a liberative prescription of one year.  This prescription commences to run from the day injury or damage is sustained.  It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

However, keep in mind La. R.S. 9:5629 provides: Actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to Uninsured Motorist provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained.

How To File a New Orleans Police Report

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage in excess of five hundred dollars shall:
  •  Immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within an incorporated city or town or, if the accident occurs outside of an incorporated city or town, to the nearest sheriff’s office or state police station.
  • Give his name, address, and the registration number of the vehicle he was driving and, upon request and if available, exhibit his license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident.
  • Give such information and, upon request, exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one hundred dollars or more shall, within twenty-four hours after the accident, forward a written report of the accident to the Department of Public Safety and Corrections. Any person who violates the provisions of this Subsection may be imprisoned for not more than sixty days or fined not more than one hundred dollars, or both.  Call New Orleans Car accident attorneys at Lavis Law Firm – Personal Injury & Accident Attorney if you need help with reporting your accident.

Should I File an Insurance Claim?

The minimum liability insurance coverage allowed under Louisiana law is $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property. It is important to file promptly. You may need:
  • Date and time of the accident along with a description of what happened;
  • Names, addresses and phone numbers of all involved drivers;
  • Driver’s license and plate numbers of involved drivers.
Most of this information is found in the police report. Make sure to seek medical attention even if you only sustained minor injuries. Otherwise, the other person’s insurance company will try to minimize your injuries and say you are not really hurt and therefore are not entitled to reasonable compensation.

HOW LAVIS LAW FIRM CAN HELP

Charles Lavis Jr and Lavis Law Firm – Personal Injury & Accident Attorney recognize your most immediate problems following an automobile accident with injuries include the following:

  • Past and future lost wages so you can pay your day to day bills;
  • Emergency room, hospital and other medical bills that may have been placed in collections as well as future medical bills;
  • Funeral expenses

Preparing a strong case can be difficult but is very important.  You will need to gather and submit all medical, wage, photos, videos, and other supporting documents to establish a successful claim and get a fair auto accident settlement.  Charles Lavis has over two decades of experience with car accident claims.  He will work with your medical providers and the insurance companies so you can focus on your recovery.  In evaluating your claim, the insurance company file review will include the following:

  • Records and bills from the hospital, treating doctors and other medical providers;
  • Statements given at the accident scene by those involved in the accident, the witnesses and the reporting police officer as well as body cam video and any other statements;
  • Photographs of the accident scene, damage to vehicles and of injuries sustained;
  • Medicaid, Medicare, child support and other liens

The insurance company’s goal is to give you the lowest possible settlement.  Therefore, you should hire a car accident lawyer in your area to help!  Lavis Law will work to recover for your personal injuries and property damage caused by another person’s negligence.

Lavis Law firm represents clients in car accident lawyers new orleans, on the Westbank, AlgiersNew Orleans East, Metairie, Kenner, and throughout Louisiana.  If your accident involves a car, motorcycle, or truck and was caused by someone else’s negligence, reach out to us by calling, texting, or chatting online.  We take cases that include, but are not limited to, the following:

DON’T WASTE TIME, CONTACT A NEW ORLEANS PERSONAL INJURY LAWYER AS SOON AS POSSIBLE

If you suffered personal injuries or property damage in a New Orleans car accident, you may be facing important legal deadlines. Lavis Law Firm – Personal Injury & Accident Attorney will discuss your claim with you immediately. If we agree to handle your case, we will do so on a contingency fee basis. No fee is owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-226-5502 or email us here.

Louisiana Insurance Requirements:

  1. Liability Insurance. Under Louisiana law, drivers are required to carry minimum liability insurance coverage.  This coverage pays for property damages or personal injury for which you may be legally responsible, up to your policy’s dollar limits. In Louisiana, each vehicle is required to have at least 15/30/25 liability limits. Those limits provide payments of $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property;  There are penalties for noncompliance.
  1. Uninsured motorist. About 13% (1 in eight) of Louisiana drivers are uninsured.  Accordingly, Louisiana has a mandatory uninsured/underinsured motorist law (UM/UIM).  UM/UIM coverage can be waived with a properly executed waiver, but this move is typically a bad choice and is not recommended by car accident lawyers. UM/UIM pays benefits to you if your car is hit by a driver who has no insurance or too little insurance to pay for the full amount of your injuries. If you have Uninsured/ Underinsured Motorist coverage, any bodily injury you or an occupant of your vehicle suffers due to an accident caused by another driver is covered under this policy. Hit-and-run drivers may be classified as uninsured motorists, but it helps if there is a disinterested witness to the accident.
  1. Comprehensive and Collison (may be required by your lender). Comprehensive insurance usually covers falling objects, flood, fire, explosion, vandalism, and theft.  Collision insurance covers damage to your car that results from an accident regardless of who is at fault and is usually required by banks and lenders if you still owe money on the car.

Call a Top Rated car accident lawyers new orleans

Contact an experienced New Orleans car accident law firm near you. Charles Lavis has been handling car accident and personal injury lawsuits in the New Orleans area since 1995. Throughout his legal career, Charles has represented workers, consumers, homeowners, and business owners against insurance companies and corporations. He represents clients who have been injured due to the negligence of others. 

Call Lavis Law Firm – Personal Injury and Accident Attorney today for a FREE consultation.



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