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Covington Personal Injury Blog

Proving emotional distress

Injuries come in many forms. Some are obvious, such as a broken arm in a car crash or a work-related death. Others are harder to determine, such as emotional duress or other psychological distress, such as post-traumatic stress disorder (PTSD). Pursuing a claim purely based on emotional distress can be done here in Louisiana, but the victim will need to prove that they are suffering.

5 ways to prove emotional distress

Louisiana is dangerous for bikers

Louisiana has the dubious distinction of once again being near the top of rankings for the most dangerous state to bicyclists. According to the Wall Street Journal, the only one with more bike-related fatalities was Florida. Whether we are first or second, it is still bad news for bicyclists out there seemingly and innocently getting exercise, lowering our carbon footprint and putting fewer cars on the roads here in Covington and around the state.

Local statistics

Mistakes that can impact your claim

Victims injured due to the negligence of others often experience severe pain, a loss of income and incur new and unexpected expenses. They will often want to focus on healing and recovery, but certain issues should be addressed if they plan to file a personal injury claim.

Common mistakes to avoid

Pedestrian fatalities hit a 28-year high

Folks here in Covington and the surrounding area like to get out and walk, either to the local restaurant, to enjoy the night air, save on gas and parking, or for other reasons. Now according to a Governors Highway Safety Association (GHSA) study, the number of fatalities has surged to the highest its been since 1990. The new report finds that an estimated 6,227 pedestrians were killed in motor vehicle crashes in 2018. This is a 4% rise from the previous year and a 35% increase over the last ten years.

Why is this happening?

Protecting your hotel guests from predators

Owning or managing a hotel is a lot of hard work. If hospitality is your passion, you are willing to put the time and energy into making your hotel a warm and inviting place that guests will want to make part of their traditions, whether they are traveling through Louisiana on business or pleasure.

One critical aspect of hotel management is ensuring the safety and security of your guests. You certainly don't want to wait until a guest suffers injuries in an assault or incurs losses in a robbery to identify the weaknesses in your security plan. Additionally, waiting until such an event occurs can be devastating to your hotel's reputation and, ultimately, your bottom line.

Roundabouts improving the roads

Roundabouts are becoming increasingly common here in the U.S. after decades of use in Europe. Many celebrate their implementation of these circular intersections because they keep traffic moving rather than sitting at red lights or stop signs. Some think that there an improvement in the aesthetic beauty of the intersection, which often will have a garden or green space in the center.

The main reason given, however, is that they are safer than conventional four-way intersections. The Federal Highway Safety Commission claims that roundabouts reduce the number of crashes involving people seriously injured or killed by 78-82%, as opposed to those with stop signs or signals.

April is distracted driving awareness month

The issue of distracted driving has reached epidemic proportions, so it is no surprise that the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has declared April as National Distracted Driving Awareness Month. It seems that an observant driver need not look too long before coming across a fellow driver staring down at their laps where their device is located at either a stop light or more troublingly in a moving vehicle.

The NHTSA is combating this deadly trend with a “U Drive, U Text, U Pay” campaign where law enforcement steps up its enforcement of distracted driving laws by identifying the guilty parties and issuing tickets.

Marijuana use increasingly involved in motor vehicle crashes

The U.S. has seen a seismic shift in how it regards marijuana use. Most notable is the fact that ten states (though not Louisiana) have legalized the recreational use of it. Dozens of other states have allowed medical marijuana to be prescribed for certain ailments such as nausea from cancer treatments, including Louisiana. From a criminal law standpoint, prosecutors do not prosecute possession charges, and police rarely make an arrest solely on possession.

Now some researchers see an uptick in the number of accidents where the negligent driver tested positive for marijuana use, including Colorado where the number of fatalities involving positive tests has doubled since 2013 after it was legalized. A separate study of police-reported crashes in Colorado, Oregon and Washington saw a 5.2 percent increase in the rate of crashes compared to neighboring states where it was not legalized.

Louisiana near the top of driver fatality list

The National Safety Council (NSC) has released its preliminary findings for motor vehicle fatalities in 2018. The total number for the United States was 40,000 fatalities. This is 1 percent lower than 2017, which was 1 percent lower than 2016. Overall, that 2018 number breaks down to 12.19 deaths per 100,000 people or 1.24 deaths per 100 million miles traveled by motor vehicles.

While these numbers have held steady in the last few years, they are down from a few decades ago. This is attributed to better safety features for vehicles, stricter laws regarding driving under the influence, and other safety regulations. Nonetheless, these numbers would likely be much lower if it was not for such emerging problems as driving when distracted or drowsy driving.

Doing your part to stop your dog from biting

If you are a dog owner, you may understand the universal truth that dogs bite. Even if your dog has never bitten, every dog has its limits. The most loyal, gentle pet can snap at someone if the dog is unwell or feels threatened. Not only can this mean devastating injuries for the person your dog bites, it can lead to serious legal issues for you.

Louisiana dog bite laws can hold you liable for the damage your dog causes if it bites or attacks. This can be very costly since dog bites can cause considerable injury that may require extensive medical care. Nevertheless, you can take every reasonable precaution for avoiding this tragic event with careful training and socialization of your dog.

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