New Orleans Personal Injury & Accident Attorneys – Louisiana Mesothelioma Lawyers

Technology Seeks To Combat Drowsy and Distracted Drivers, But Will It Reduce Injury Accidents?

by Gertler Law Firm on February 21, 2012

Drowsy or distracted drivers pose a serious danger to other users of New Orleans’ streets. Because most personal injury motor vehicle accidents are, at least to some degree, attributable to the negligence of one or more drivers, auto manufacturers have been working for years on new technologies that will assist drivers in decision making. One of the latest of involves monitoring systems designed to help the driver remain in the correct lane.

While several auto makers have quietly introduced systems designed to assist in lane centering for a limited number of vehicles in recent years, the Ford Motor Company recently announced that it will be offering what it terms “lane-keeping technology” as an option on certain 2013 models. This system is apparently much more comprehensive than earlier systems and, under certain conditions, allows the system to take control of the steering to return the vehicle to the center of the driving lane.

It works by using a camera to monitor lane position. If the vehicle drifts towards either edge of the lane, a vibration is sent to the steering wheel. If the driver does not then correct the drift, the system takes control of the steering and returns it to the center lane. The system also monitors for signs of driver fatigue, such as weaving within the lane, and alerts the driver if it believes rest is needed.

Because the lane-keeping system relies on the ability to distinguish lane markings, the manufacturer acknowledges that the system is not flawless, and the National Highway Traffic Safety Administration has decided not to recommend such technology to the public until additional research is conducted. Unfortunately, the situations where these systems are anticipated to be most likely to fail – for example, around curves, in heavy rain, or where bright sunlight is hitting the camera – also tend to be the same situations where an automobile accident would be most likely to occur.

Ultimately, while current technology may lead to safer cars under certain circumstances, it is no substitute for an alert, vigilant driver who can analyze situations as they unfold. The best way to avoid involvement in a personal injury auto accident is to make sure you are adequately rested and paying attention to the road when driving.

If you have suffered injury in a motor vehicle accident, we would be happy to help you. Please reach out to us at 504-355-0057 or 855-GERTLER with any questions.

What Kind Of Evidence Is Considered By A Medical Review Panel?

by Gertler Law Firm on February 14, 2012

When a New Orleans resident wishes to pursue a medical malpractice claim, Louisiana law requires that the matter be screened by a Medical Review Panel before proceeding. While an adverse opinion from the Medical Review Panel does not bar an injured person from pursuing a medical malpractice lawsuit, the opinion of the panel is admissible in later court proceedings.

The Medical Review Panel does not function like a court of law. There is no live testimony or cross-examination of witnesses. Instead, the parties are required to submit all evidence they wish the panel to consider in written form. If a party believes that the testimony of any of the parties or witnesses is necessary for the Medical Review Panel’s determination, depositions may be taken prior to the Medical Review Panel being convened. A transcript of this deposition testimony may then be submitted to the panel.

The other evidence that the panel may consider is broader than that usually seen in court. While it includes the relevant medical records of the injured party and any reports of medical experts submitted, the parties may also submit excerpts from medical books and treatises that they believe the panel should consider. A copy of all of the evidence submitted must be provided to each member of the panel, and all parties involved are to be given complete access to all material submitted. If the panel finds that additional information is needed, it is empowered to request and obtain all information necessary to render a determination.

The Medical Review Panel also is allowed to consult with other medical authorities when reviewing the matter. If it chooses to do so, however, all parties involved must be provided with the names of these medical authorities and given an opportunity to depose them.

If you have been the victim of medical malpractice, please rely upon our experience to help you. We can be reached at 504-355-0057 or 855-GERTLER and would be happy to answer your questions.

Louisiana Ranks High In National Highway Safety Survey.

February 7, 2012

Because personal injury attorneys deal with the results of so many automobile accidents, we tend to see New Orleans as a very dangerous place to drive. A recent national study on the implementation of highway safety laws, however, reveals that Louisiana has actually done well when it comes to implementing new laws aimed at reducing [...]

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How Can I Prove Lost Wages To A Jury?

January 31, 2012

It is difficult for any New Orleans resident to suffer a loss of income. When this loss of income arises from a personal injury accident, the injured party may seek compensation for lost wages as part of a lawsuit. When doing so, however, he or she must be able to establish the value of these [...]

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If More Than One Person Caused My Injury, How Will A Jury Divide Up My Damages?

January 24, 2012

It is not that unusual for a New Orleans personal injury lawsuit to involve more than one defendant. Whether it is a motor vehicle collision caused by the negligence of multiple drivers or an injury caused by another person misusing an already dangerous product, there are several situations in which the actions of multiple parties [...]

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What Sort Of Acts Constitute Dental Malpractice?

January 17, 2012

While not every minor mistake made by a New Orleans dentist in the course of treatment constitutes dental malpractice, individuals injured by the negligent conduct of – or substandard care provided by – a dentist, dental assistant or oral surgeon may be entitled to compensation. Generally, what is required to prove dental malpractice is governed [...]

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New Trucking Regulations Geared Toward Combating Driver Fatigue.

January 10, 2012

As experienced New Orleans personal injury attorneys, we have seen the damage caused when tractor-trailers and other commercial vehicles are involved in motor vehicle collisions. Because of the strong potential for catastrophic personal injury or death in these types of accidents, the drivers of these types of large vehicles have been subject to additional regulation [...]

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How Can A Jury Determine My Future Economic Losses?

January 5, 2012

For most New Orleans personal injury lawsuits, the damages associated with past medical expenses and lost wages are easily calculated and presented to a jury. Determining past economic losses is simply a matter of obtaining all of the relevant numbers and adding them up. But what about individuals who still require medical treatment or have [...]

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When Is An Employer Responsible For An Injury Caused By An Employee?

December 27, 2011

New Orleans personal injury lawsuits involving the negligent actions of an employee frequently result in the employer bearing legal responsibility for the damages. For individuals who have suffered severe injury, the ability to pursue damages against the employer – who will usually have greater financial resources – can be extremely important. Not all plaintiffs, however, [...]

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Study Of Modern Football Helmets Questions Ability To Protect From Brain Injury.

December 20, 2011

Most of the people who use football helmets in the New Orleans area do not play for the New Orleans Saints. Instead, they are elementary, high school and college students. While football is a violent sport, every effort should be made to keep these young people safe. Unfortunately, a recent study by the Cleveland Clinic [...]

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