Articles Posted in Litigation

Determining liability can be complex when a car crash occurs and even more so when one of the vehicles involved is an ambulance. In Louisiana, the law applies a unique standard of care to emergency vehicle drivers. So what are the liability standards for ambulances and other emergency vehicle drivers involved in car accidents? The following lawsuit out of Lafayette, Louisiana, helps answer that question.

Gerald Janise was involved in a collision with William Gerard at an intersection in Lafayette, Louisiana. At the time of the accident, Gerard was driving an Acadian Ambulance Service vehicle. Janise filed a lawsuit against Gerard, Acadian Ambulance Service, and their insurer. 

Janise claimed at a red light, Gerard did not obey the traffic signals or exercise proper caution and collided with Janise’s car. Gerard filed a summary judgment motion, arguing under La. R.S. 32:24, the driver of an emergency vehicle responding to an emergency can only be held liable if his conduct amounts to reckless disregard for others’ safety. The court denied Gerard’s summary judgment motion. 

One of a parent’s worst nightmares is something happening to their child. This case delves into the heart-wrenching incident of a young child being struck by a neighbor’s car, leading to a complex legal battle to determine responsibility for the resulting injuries. While the child eventually recovered, the accident’s aftermath unleashed a lawsuit that delved into conflicting accounts and legal statutes governing pedestrian conduct. By examining the trial and appellate court’s proceedings, we gain insights that help answer the question: How does a court determine liability in a child pedestrian accident?

First – a bit of background on the context of the vehicle accident. When Sonya Meyer was driving home from taking her daughter to school, Cole Troxclair played in his front yard. As Meyer drove down the street from Troxclair’s home, her car struck Cole Troxclair. He was injured and spent about a day at the hospital. He returned to normal activities about a month or two later. Troxclair’s parents filed a lawsuit against Meyer and her insurer, Liberty Personal Insurance Company. Following a trial, the court found Meyer liable for the accident and awarded Troxclair $29,619.99 in damages. 

Meyer and her insurance company challenged the trial court’s finding that Meyer was solely responsible for the accident. They argued Troxclair was accountable for his injuries because he ran in front of Meyer’s vehicle, and Meyer did not have time to take action to avoid hitting him. They argued that Troxclair violated La.R.S.32:212(b), which says pedestrians shall not suddenly leave a curb or other safe place and enter a vehicle’s path. 

Following an automobile accident, you will likely deal with insurance companies unwilling to pay what you believe you are owed. Insurance companies may rely on a multitude of evidence to support their decisions, including witness testimony. The following East Baton Rouge lawsuit demonstrates the weight courts may place on witness testimony following a car accident. 

Darral Norwood was driving a car owned by Toshika W. Smith, the mother of Laterrica Gustave. Gustave had Smith’s express permission to drive the car under certain circumstances without asking, although she was required to ask permission from Smith for all other purposes. Smith had an automobile liability policy on the car, where Smith was named as the only insured. The policy, however, included a provision excluding coverage of any damage caused by someone operating the vehicle at the time of the accident without the express or implied permission of the insured.   

On the day of the accident, Norwood, who did not have a driver’s license or a vehicle, claimed Gustave told him to take the car to work. Gustave, however, denied ever permitting Norwood to take the vehicle. Norwood, driving Smith’s car, then rear-ended Rachel Pray’s vehicle as she slowed down due to congested traffic.