You are driving down a highway in Louisiana minding your own business when all of the sudden an eighteen wheeler pulls out of nowhere. BAM, you slam into the side of it, your back aches, your car is wrecked and now you are involved in a lawsuit. Who is at fault for this unfortunate circumstance? While this might seem like a no brainer many times great car accident lawyers will argue that the driver who was just driving down the road somehow caused the accident. The following case out of Port Allen, Louisiana demonstrates how the Courts assess liability when accidents happen between cars traveling down the highway and those that are entering into the highway.
In 2010 a motor vehicle accident occurred on Lobdell Highway. The highway is a four-lane stretch of road in Port Allen, Louisiana. Leroy Edmond was driving a GMC Sierra truck when he struck a flatbed trailer that was being pulled by an eighteen wheeler driven by Sherbaston Wilson. Wilson was attempting to make a lefthand turn out of a truck stop and at the time of impact Wilson’s trailer had not cleared the northbound lane. Edmond filed a lawsuit against Wilson, his employer, Jowin Express, Inc., and their insurer, Cherokee Insurance Company. Edmond alleged that Wilson was negligent in failing to yield to oncoming traffic while exiting from a private driveway and that Edmond sustained permanent injuries from the accident.
A trial occurred and the jury returned a verdict assessing 95% fault or the accident to Wilson and 5% to Edmond. The damages awarded in favor of Edmond were as follows: