Ron Austin Law • Harvey, LA

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Category: Legal Tips

TOP 5 things to do after an auto accident

Life comes at you fast, especially if you have been the unfortunate victim of a car accident! In the aftershock, many people are left dazed and confused, without an idea of what to do next. And, with varying opinions on how to proceed, handling the aftermath of a car wreck can be just as traumatic and overwhelming as the actual incident itself!

To save you the added stress, here are the top 5 things you should do after a car wreck:

1. CALL THE POLICE

Calling the police to the scene of an accident is imperative in order to adequately document your car accident. Having a police officer document, the accident allows them to create a report that details information about the accident and details the responding officer’s observations of the scene. Most importantly, the police report may indicate if one of the drivers was cited for a traffic violation, which is pertinent to the determination of which driver bears the liability for the accident.

2. SEEK MEDICAL AID

Seeking medical attention after a car accident is very important – even if you do not feel that you are hurt – because there are certain types of injuries that do not immediately manifest after an accident. For example, soft tissue or internal injuries are not immediately felt following an accident. So, it is imperative that car accident victims seek medical attention, whether that means going to a hospital emergency room or urgent care.

Furthermore, you don’t have to go via ambulance. In fact, it may be wiser to mitigate any out-of-pocket costs and/or bills, and drive yourself, or have someone else drive you to the emergency room or urgent care, if possible!

3. GET THE OTHER DRIVER’S INFORMATION

Though you may not be in a talkative mood after an accident, and adrenaline will be rushing, a cardinal rule is to always get the other driver’s information! The necessary information to be obtained will be the make and model of their vehicle, license plate number, and car insurance information if they have that information.

If the vehicle is a company car, gather the company’s contact, and insurance information. If you are in a car accident while being transported via a ride-share company (think Uber or Lyft), gather the company’s contact and insurance information, and the driver’s information as well.

4. TAKE PHOTOGRAPHS AND GATHER WITNESS INFORMATION

A lot goes on at the scene of a car accident, but try to remember to take pictures of the wreckage if you are in a position to do so! It is imperative that the scene of the accident be photographed – including an overview of the accident scene, any nearby traffic signs, property damage, and injuries suffered by the victim. This may not be possible if you are injured, however, if you are in a decent physical disposition, do try to take pictures for insurance and legal representation purposes.

Also, if there are any good Samaritans or bystanders who witnessed the accident, try to obtain their contact information. Witnesses will come in handy for insurance and investigation purposes.

5. GET LEGAL REPRESENTATION TO PROTECT YOUR INTERESTS & DON’T ADMIT FAULT

Lastly, the number one rule after being the victim of a car accident is to seek out legal representation! It is in your best interest to retain a personal injury lawyer who specializes in car wrecks. Having a personal injury lawyer on deck maximizes your chances of getting a full and fair settlement, and there are no upfront costs to retaining counsel because most personal injury lawyers work on a contingency fee basis – in other words, they do not get paid until you do!

Furthermore, having counsel protects you from unintentionally or inadvertently admitting fault because insurance adjusters must only speak to your attorney.

So, while the road to recovery after a car accident may be long, it does not have to be hard if you follow the correct car accident etiquette! For more information, more tips can be found here.

5 Steps to Take After Slip and Fall

Nobody wakes up in the morning thinking they are going to injure themselves falling — but more than 800,000 people are hospitalized each year because of injuries sustained by a slip, trip, or fall.

Because these types of accidents (Premise liability) can happen anywhere, it is important to know what to do if you ever injure yourself falling — especially when it isn’t your fault.

Under Louisiana Law, a premise owner is liable for damages sustained as a result of an unreasonably dangerous condition existing on his/her property. In Louisiana, this precept is known as premise liability and arises out of principles of negligence and equity. – HG

5 Steps To Take Immediately After a Fall

  1. Seek Medical Attention. If you or a loved one were injured after a slip, trip, or fall, it is important to see a doctor to get your injuries documented. Documented injuries by a medical provider are important evidence that will be needed if you decide to seek compensation for your injuries.
  2. Report the Accident. Make sure you report the incident to the manager, owner, or landlord of the property you were injured on. Get the details in writing and request the written report before leaving the premises.
  3. Document Important Information. It is important to get contact information from all potential witnesses because their statements can help support your legal claim if you choose to see compensation for your injuries.
  4. Refrain From Posting or Sharing Details. Do not post any details to social media or communicate with the insurance company until you have consulted with an attorney.
  5. Call an Attorney. If you or a loved one were injured after a slip, trip, or fall accident consult with an experienced attorney. Premise liability or slip-and-fall claims can be complex and difficult to prove which is why you should consider legal representation.

Proving Negligence in Premises Liability Lawsuits

Property owners have the right to deny responsibility for your injury even if they were negligent. Hiring an attorney can decrease the hassle you might get by trying to get compensation for your injuries on your own. Building a strong case for a slip and fall claim means we need to prove the property owner was negligent by proving the following:

  • The property condition was dangerous when you were on the premises.
  • The owner knew, or should have known the property was in a dangerous condition and failed to correct it.
  • The injury was caused by the hazardous condition.

Common Slip and Fall Injuries

  • Head injuries, brain trauma
  • Hip fractures
  • Back and spinal cord injuries
  • Shoulder injuries
  • Sprains and Fractures
  • Internal injuries
  • Facial injuries

Common Slip and Fall Injury Causes

  • Surface conditions
    • Uneven surfaces without warning
    • Recently mopped or waxed floors
    • Loose floorboards, carpeting, mats, rugs
    • Potholes
    • Spilled liquids
  • Environmental conditions
    • Trash or debris on floor
    • Poor lighting
    • Cords running across the floor
    • Open drawers obstructing the walkway
  • Occupational conditions
    • Construction workers
    • Housekeepers or custodians
    • Kitchen workers
    • Manual laborers
    • Factory workers

How Much Does a Lawyer Cost?

Our experienced attorneys at Ron Austin Law are aware of how difficult it can be to manage medical bills and lost wages after your accident. That’s why there is no fee unless we get you compensated. You will not have to pay for any upfront legal fees.

Why You Should Consult with a Lawyer

To establish fault for your slip and fall case, you need to prove negligence. The first thing your lawyers will do is investigate what happened when the injury occurred, examine the scene, discuss all possibilities with you, and determine why and how you fell. The investigation will determine whether or now the property owner violated any state, federal, or local laws that contributed to your injury. Your lawyer will then properly document your lost wages, medical bills, and record to argue damages owed for injury, lost wages, and pain and suffering.

Want to take your horse down an Old Town Road in Louisiana?

Lil Nas X’s Old Town Road made everyone want to take their horse for a stroll in New Orleans streets but did you know the following:

According to Sec. 106-215. Animals, use of vehicles. It is against the law to tie your horse to a tree on a public highway, and additionally, the horse cannot stand in a manner that could possibly injure the tree. (Yes, we are serious!)

Furthermore, no person can ride horseback or drive cattle on neutral ground or fasten any animal to a neutral ground, park, public place, triangle, or sidewalk in the city.

However, It is technically legal to ride horse on the roads in Louisiana, according to Louisiana Revised Statute 32:22 which states, “ Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and be subject to all of the suites applicable to the driver of a vehicle.”

So if you do decide to take your horse down Bourbon Street to jam out to Old Town Road, you should consider these safety tips to avoid traffic accidents:

  1. Wear reflective or easy-to-see clothing
  2. Use reflective gear for your horse such as leg wraps, breast collars, and stirrup bars
  3. Use attachable flashing lights on your saddle
  4. Pack cell phone, identification, hoof pick, and a pocket knife for emergencies
  5. Make sure your horse’s temperament is safe around noise and passing cars
  6. Make sure your horse has shoes
  7. Get your horse comfortable with being ridden before bringing him/her on the road
  8. Know the road and surrounding areas for safe travel
  9. Let someone know your route and destination

Additionally, you should know the following rules of the road for riding horseback:

  1. If you’re riding with other horseback riders, form a single-file line and ride close to the shoulder
  2. Look both ways before crossing an intersection
  3. If you have to ride side-by-side, keep the most experienced rider closest to traffic
  4. If your horse gets spooked, get off and lead him/her
  5. Keep the reigns in your hands
  6. Beware of potholes, rocks, glass, and other debris in the road
  7. Beware of other animals in the area that can frighten your horse
  8. Beware of people approaching your horse
  9. Don’t panic — your horse will feed off of your energy

Ultimately, when using a horse for transportation, be mindful of your animal, the public, and road safety tips to keep you, your animal, and others around you safe from harm.

Share these reminders with your friends and family so they too can be aware!

2020 Mardi Gras Safety Tips

As we are gearing up for Mardi Gras season, there are several things you should keep in mind if you’re planning on taking part in any of the fun.

Everyone is ready to Laissez les bon temps rouler when it is Carnival time but there are a lot of safety risks when large crowds and booze are involved.

According to the Louisiana Highway Safety Commission, there were 599 crashes that resulted in injuries and fatalities during Mardi Gras in 2015. In 2017, a truck driver with a .232 blood-alcohol level drove into a Mardi Gras parade crowd injuring 28 people. A year later, in 2018, there were 465 fatal and injury crashes during Mardi Gras — alcohol was involved in 46 of the crashes. And last year an impaired driver leaving a Mardi Gras parade struck several pedestrians and bicyclists — killing 2 people.

Every year there is an influx of traffic-related accidents involving alcohol or distracted driving during the Carnival season.

We want to make sure everyone does their best to stay safe this year while enjoying the parades with their friends and families.

Here are 3 tips to help keep you and those around you safe this season:

  • Buzzed? Don’t drive.

Buzzed driving is the same as drunk driving. There are plenty of other ways to get around the city during Mardi Gras like taxi, Uber, or Lyft. If you do opt-in to using Uber or Lyft to get from place to place, set your pick-up location away from the closed streets, make sure to confirm your driver before getting in the car, respect the driver’s car and ditch your drink, share your destination details with your friends, make sure you didn’t leave anything in the car, and make sure you check the price before your ride.

  • Buckle Up.

Whether you are driving or a passenger in another vehicle, wear your seat belt. Seat belts have saved nearly 255,000 drivers and passengers since 1975. They reduce the risk of death and serious injury in the front seats by roughly 50%. If you are not wearing a seat belt, you are 30 times more likely to be ejected from an automobile.

  • Stay Alert.

I know the last thing we want to do is think about the “what if’s” when we are second-lining and catching beads, but staying alert can save you from injury or worse. Make sure you are aware of your surroundings — nearby traffic, people in proximity, exits, law enforcers, Mardi Gras parade traffic — and devise a plan if something were to happen and you need to get to help or safety.

And as a general rule of thumb for Mardi Gras:

  1. Don’t park in front of driveways, fire hydrants, or anywhere you would not normally be allowed to park.
  2. Lock your vehicle.
  3. Keep your children close and make sure they stay behind barricades.
  4. Make sure you are allowed to park or set up tents on neutral grounds (medians).
  5. Glass containers are not allowed on parade routes.
  6. Secure children in ladders viewing the parade.
  7. There can be no ladders or other personal effects (grills, coolers, etc.) closer than 6 feet to the curb.
  8. Parking on St. Charles and Napoleon will be prohibited on both sides of the neutral ground this year starting 2 hours before the parade.
  9. Roping off territory on public sidewalks or neutral ground is banned.
  10. Private portable toilets on public property are banned.

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Harvey, LA 70058

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