Law Office of Alan StegallLaw Office of Alan Stegall2024-02-29T16:51:45Zhttps://www.alanstegall.com/feed/atom/WordPress/wp-content/uploads/sites/1604429/2023/11/cropped-AlanStegal-Logo-site-icon-32x32.jpgOn Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=472212023-10-13T21:36:02Z2023-10-13T21:36:02ZTexting and smartphone use
Texting and smartphone use continue to be significant problems for drivers, even though the use of cellular devices behind the wheel has been banned in many areas. When you're focused on your screen, you're not paying attention to the road. Even a quick glance at your phone can lead to disastrous consequences. To combat this behavior, consider turning your phone on "Do Not Disturb" mode or stowing it out of reach when you’re driving.
Talking on the phone
Maybe you’re conscious that texting is dangerous – but what about answering the phone on a hands-free device? Engaging in a phone conversation diverts your attention from the road and can impair your ability to react to sudden changes in traffic. Again, it's best to wait until you've reached your destination to have a conversation.
Eating and drinking
It’s incredibly common for drivers to grab a drink or a quick bite to eat when they’re on the road.
Juggling a burger, fries or a coffee while you’re driving, however, takes at least one of your hands off the wheel and splits your focus. Plan your meals and snacks ahead of time, and use designated areas for dining to reduce the temptation to eat while driving.
Adjusting the clock, radio or GPS
Changing the radio station, adjusting the volume or selecting a playlist can be surprisingly distracting. So can resetting your clock or plugging a new address into a GPS device. All these actions require taking your eyes off the road and your hands off the wheel. If you need to make changes to any, consider doing so before you even get started.
Distracted driving behaviors are all too common and can result in serious consequences – thankfully, you have the power to make sure that you’re not contributing to this problem by remaining attentive behind the wheel. Yet, others’ actions can impact you regardless of your best efforts. So, if you are in a wreck with a distracted driver, be sure to find out more about your right to compensation for your losses.]]>On Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=469252023-07-13T01:36:04Z2023-07-13T01:36:04ZFamily members typically file such lawsuits
In some states, the executor or personal representative of an estate is the party empowered by the law to file a wrongful death lawsuit. However, in Louisiana, the law grants surviving family members that right instead. Those who have the closest family relationship to the deceased are those with the strongest right to file a wrongful death claim.
Surviving spouses and children will often be the ones to bring wrongful death lawsuits. However, not everyone who dies has a spouse or any progeny. When someone dies unmarried and childless, their parents are often in the priority position to pursue a wrongful death lawsuit. If their parents died before they did, then other family members, such as siblings and grandparents, may have the right to pursue the wrongful death claim.
What other statutory limitations exist?
Perhaps the most important rule limiting wrongful death claims in Louisiana is the statute of limitations. This law specifically imposes a limit on how long surviving family members have to file a lawsuit. If someone does not initiate litigation within one year of the decedent's date of death, the family may lose the right to bring a claim at all.
The state does limit the amount of compensation in certain cases, such as when the family pursues a medical malpractice claim after someone dies. They may only be able to secure $500,000 in compensation. Otherwise, the state does not cap the compensation available as long as the claim has a basis in a family's real losses. As a general rule, a judge usually won't grant punitive damages except in the most egregious of cases.
Seeking legal guidance and learning about the basic rules that apply to Louisiana wrongful death claims may benefit those hoping to pursue justice in the civil courts.]]>On Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=469112023-07-07T11:19:53Z2023-01-11T21:43:50ZWhen negligence led to your injury
Did you slip on the spilled contents of a box of oatmeal? Did you trip over a crumpled rug at the entranceway to the store? Such failures in property maintenance are often actionable negligence. Any situation that a normal person would consider dangerous or unsafe could potentially meet the standard for a negligence claim.
When negligence, such as inadequate cleaning or failure to maintain the building, causes someone to fall and get hurt, the property owner or business tenants may have liability for the incident. Reporting the slip-and-fall before leaving the store can be crucial, as it will help ensure that there are internal records of the spill or other issues that led to you falling.
When you have provable losses
Did you break your wrist and your phone when you fell? You may have over $1,000 in phone replacement costs and weeks of lost wages because of your injuries.
Typically, you need documentation that an injury or property damage loss occurred because of the incident. Any provable economic consequences could potentially contribute to the value of your claim, from hospital bills to lost wages.
It can be hard for someone who has never entered a courthouse before to really know if they have a valid premises liability claim after a slip-and-fall or to handle the process of negotiating with an insurance company. Bringing in professional help is often a key step for those who think they may have an actionable premises liability claim.
]]>On Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=469092023-07-07T11:20:03Z2022-10-12T20:10:15ZSocial media content could affect your rights
Both insurance companies and lawyers that defend those facing personal injury claims know that social media can be a treasure trove of evidence for court. What people share online, even when using careful privacy settings, could affect their rights to insurance benefits or their case in a personal injury lawsuit.
It may be possible for attorneys to access content that you have removed entirely or made private, which means that there is no safe way for you to share details about your car crash on social media. Any pictures or statements that you make could eventually play a role in your court case and might diminish what compensation you receive.
Lawyers might use your wording to claim that you were partially to blame for a wreck or might even accuse you of defamation based on how you described the collision.
A full social media vacation may be necessary
Posts about the crash itself aren't the only concern if you need to go to court or settle a large insurance claim. Other content talking about your daily life could provide ammunition for defendants and insurance companies trying to claim that your injuries have not negatively affected your daily life.
The less someone shares on social media when dealing with the aftermath of a car crash, the less likely they are to accidentally share something that prevents them from getting the financial support they need. Knowing what steps to take and what mistakes to avoid after a motor vehicle collision will help protect you both legally and financially.
]]>On Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=468632023-07-07T11:19:43Z2022-07-11T22:03:48Zauto collision.
Understanding uninsured and underinsured motorist coverage
Both underinsured and uninsured motorist coverage do different things for people. They provide another level of protection against financial loss in a serious collision and limit the overall cost of out-of-pocket expenses.
If you carry this kind of coverage, you don’t have to worry about getting into a crash with a person who isn’t carrying insurance, because you have insurance that will help cover your own personal injuries and the damages to your vehicle. If they aren’t covered, you’ll still have backup financial support and insurance coverage, in other words.
How much underinsured or uninsured motorist coverage should you carry?
That depends on your circumstances and how much security you want. For example, you may be able to get a policy that gives you $50,000 per accident and up to $25,000 per victim in compensation. Or, you may be able to opt for a larger policy that covers more.
The one you choose should be based on several factors, such as your age and health right now, the cost of your vehicle, how much the average cost of a crash is in your area, the likelihood of hitting someone in your area without insurance and other details. You can contact an insurance agency to discuss more specifics, such as how much a policy can have for its limit and what to do if you’re struck by someone without insurance.
If you don’t carry uninsured or underinsured motorist coverage and are hit, you may be able to fall back on your health care insurance or other policies to get coverage for your injuries. You might also be able to bring a claim against the at-fault driver in court.]]>On Behalf of Law Office of Alan Stegallhttps://www.alanstegall.com/?p=468612023-07-07T11:20:44Z2022-06-06T20:33:49ZContact the police
Louisiana state law typically requires that you report significant car crashes, but there are drivers who will try to convince you to resolve the situation without involving law enforcement. They may have an ulterior motive for doing so.
If they don't have insurance or a license, keeping the police uninvolved benefits that driver. It also hurts your chances of taking the other driver to court if they don't make good on their promises to help you repair your vehicle. Creating a police report and telling the officer who responded about what happened prior to a crash will be crucial to protect yourself as the driver not at fault.
Use your phone to collect evidence
Ideally, the other person involved in the crash will admit that they are responsible for the collision when one occurs. Unfortunately, that often is not the case.
It could be your word against the other driver's if there are no cameras nearby to capture footage of the crash in progress, which is why taking a moment to get video and multiple photos of your vehicle and the other vehicle after a crash can be very important. The images and photos you take can help show conclusively that you are not the one to blame for the collision.
Look up insurance coverage and swap information
Your phone can also help you exchange information with the other driver. You don't need to try to write at a time when adrenaline might compromise your fine motor skills. Instead, you can just take a picture of their license and their insurance card. You can also potentially review what coverage each of you has.
Making use of the tools that you have on hand in the car crash, including your cellphone, will help you show what happened and better protect yourself from the expenses you may experience from a motor vehicle collision.]]>