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1. §22. Persons riding animals or driving animal-drawn vehicles - Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and be subject to all of the duties applicable to the driver of a vehicle.
a. This statute has come into play in many different cases due to the popularity of horse drawn carriages in the French Quarter and the surrounding areas. It is very important in these cases to understand that people on animals or animal-drawn vehicles have the same duties and rights that are applicable to the driver of a vehicle.2. §24. Emergency vehicles - A. The driver or rider of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated: (1) Park or stand, irrespective of the provisions of this Chapter. (2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation. (3) Exceed the maximum speed limits so long as he does not endanger life or property. (4) Disregard regulations governing the direction of movement or turning in specified directions.
a. This is a very important statute to understand as there are different duties that apply to emergency vehicles depending on how the vehicle is being used at the time of the crash. The court in Griffin v. City of Monroe ruled that the emergency-vehicle statute provides two alternate standards of care for the drivers of emergency vehicles; the reckless-disregard standard applies if and only if the driver’s actions meet certain enumerated criteria, and if the criteria are not met, then the driver will be held to the standard of due care. The emergency-vehicle statute applies when the driver is responding to an emergency call or when in the pursuit of an actual or suspected violator of the law and only when the vehicle or bicycle is making use of audible or visual signals, including the use of a peace officer cycle rider’s whistle, sufficient to warn motorists of their approach. It is crucial to understand that this statute does not apply when the emergency vehicle is returning from such situations.3. §52. Driver must be licensed - No person shall drive or operate any vehicle upon any highway within this state unless and until he has been issued a license to do so as required by the laws of this state.
a. This is an important statute to always keep in mind because many insurance companies will try to make the argument that if the person driving the vehicle is not licensed or his or her license has expired, it will not cover them. The Cardone Law Firm has seen firsthand how the big insurance companies will try to make these arguments. We are not afraid to go to trial and fight for the compensation our clients are rightfully entitled to.4. §58. Careless operation - Any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation.
a. If the driver of the vehicle has been cited by the police for breaking this law then this will be crucial in your case as it will be prima facie evidence that they operated their vehicle in a careless manner.5. §64. General speed law - No person shall drive a vehicle on the highway within this state at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather, and in no event at a speed in excess of the maximum speeds established.
a. In regard to this statute, the driver of a vehicle must always be reasonable and prudent under the conditions that exist at the time they are on the road. The fact that a driver is speeding does not create a presumption that they are the proximate cause of a crash. The court in Kemp v. Donnes states that a technical violation of the speed limit does not create liability to the injured person unless it was the cause for the ensuing crash. An experienced Louisiana attorney is needed in these situations to argue that the liable party is in fact responsible for the damages and injuries they have caused.6. §71. Driving on right side of road; exceptions - Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement, including passing lanes; (2) When the right half of a roadway is closed to traffic while under construction or repair; (3) Upon a roadway designated and signposted for one-way traffic.
a. The Cardone Law Firm has the experience through 40 years of practice to use this statute and countless others to hold other parties liable and get the best possible results for each client. Exceptions to the general rule are crucial in some cases, and we will use every statute that is applicable to hold the other party liable.7. §73. Passing a vehicle on the left - The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:(1) Except when overtaking and passing on the right is permitted, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
a. As explained in the case of Falgout v. Younger, the court stated that the relative duties of drivers of two vehicles are governed by the circumstances of each case. An experienced attorney, such as Cliff, is needed in these situations to know what duties are owed for each party at the time of the crash. With the diverse experience Cliff Cardone has in practicing law in Louisiana, he will be able to look at your case with a different viewpoint and shed light on the issues of your case unlike any other attorney.8. §80. Overtaking and passing school buses - The driver of a vehicle upon a highway meeting or overtaking from any direction any school bus that has stopped for the purpose of receiving or discharging any school children shall stop the vehicle not less than thirty feet from the school bus before reaching such school bus when there are in operation on said school bus visual signals, and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated.
a. There are special issues that arise when a school bus has been in a crash with another car or pedestrian. In Louisiana, school buses are considered to be “common carriers,” and as such, a school bus driver must exercise the highest degree of care for school children whose safety is entrusted to him. Since these drivers owe a special duty of care, different issues will arise when there has been a crash with such a vehicle. The Cardone Law Firm has handled many cases arising out of bus crashes, and we are aware of the many different problems that may present themselves in such a situation.9. Colin Goodier Protection Act - The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.
a. This act was created in honor of Dr. Colin Goodier who was killed on June 9, 2008, when a truck tried passing him as he was riding his bike, but unfortunately entered into his lane. After this accident, his family as well as others pushed for Louisiana to follow 12 other states on passing a new law. Governor Jindal signed this new law on August 10, 2009, to protect bicyclist on the road by requiring passing vehicles to maintain a three foot distance between themselves and the rider.10. §81. Following vehicles - The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.
a. This statute lays down the framework that one vehicle should not follow another vehicle more closely than is reasonable and prudent. The Louisiana Legislature enacted this statute because of the clear statistics that show “tailgating” other vehicles is one of the major causes of car crashes. It is clear from this statute and case law that each motorist has a duty to maintain a careful lookout, observe any obstructions present, and exercise care to avoid them. Also, this statute is very important as different presumptions arise when a rear end collision occurs. The court in Hopstetter v. Nicholas held the general rule that a following motorist in a rear end collision is presumed to have breached the duty not to follow another vehicle more closely than is reasonable and prudent, and is presumed negligent. This is an important statute in a rear end collision case because the burden of proof shifts to the following vehicle, and they are required to show they are not negligent in the crash.11. §103. Moving parked vehicles - No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
a. This statute is important as it imposes a duty on drivers of parked vehicles. In McGee, the court held that one who is in a parked vehicle on the side of a traveled portion of street or highway must yield right of way to traffic proceeding down such street. The Cardone Law Firm has the experience and resources to use statutes such as this one, if applicable, in your case to hold the liable party responsible and make sure to get the compensation you are entitled to.12. §123. Stop signs and yield signs - Except when directed to proceed by a police officer or traffic-control signal, every driver and operator of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to all vehicles which have entered the intersection from another highway or which are approaching so closely on said highway as to constitute an immediate hazard. At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
a. Most of the car collisions that occur today happen at stops signs and yielding intersections. As the NCBI reports, there are nearly 700,000 motor vehicle crashes that occur annually at stop-signs, and approximately one-third of these crashes involve injuries. Drivers younger than 18 as well as drivers 65 years and older were disproportionately found to be at fault in crashes at stop signs. Judge Pettigrew wrote in Irion v. State that when a motorist is confronted with a stop sign at an intersection, it is her duty to come to a complete stop at an intersection, to appraise traffic, and to make certain that the way is clear before proceeding; to merely stop before entering a right-of-way street is to perform only half of the required duty. Therefore, to complete a proper stop at a stop sign, the driver must stop completely, assess traffic, and make sure that the path that is about to be taken is completely clear to move ahead.13. §124. Vehicle entering highway from private road, driveway, alley, or building - The driver of a vehicle about to enter or cross a highway from a private road, driveway, alley or building, shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and shall yield the right of way to all approaching vehicles so close as to constitute an immediate hazard.
a. This statute implies that any driver that is leaving a private roadway has a higher duty of care. In Griffin v. City of Monroe, the court stated that the duty of a driver entering a highway from a private road or driveway to avoid a collision is a high duty that requires the driver to use every reasonable means available to make sure that he can safely enter the highway. There is also an even higher burden for drivers who back onto the street or roadway. Statutes such as this one become very important for crashes occurring when a car tries to back up or pull onto a highway or roadway. These statutes are used in assessing fault in such crashes because different duties of care apply to each driver.14. §193. Operation of bicycles; General provision - The regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated hereafter.
a. This statute implies that special regulations may apply to a bicyclist depending on where it is being operated. The Cardone Law Firm has the necessary resources and experience to know what regulations apply to whom and what party is at fault in your case. The Cardone Law Firm has just recently handled a case where a bicyclist was hit by a car in which we were able to use different statutes to prove that the defendant in fact was at fault. We are able to complete the tough task of researching case law, statutes, and code articles and find out when they are applicable in each client’s case.15. §194. Traffic laws apply to persons riding bicycles - Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part, including special regulations applying to peace officers utilizing bicycles in furtherance of their official duties, and except as to those provisions of this Chapter which by their very nature can have no application.
a. This statute puts an affirmative duty on a cyclist when they are riding upon a highway and grants them the same rights applicable to a driver of a vehicle. This statute comes into play when defense firms try to make arguments that the bicyclist may be at fault by not following one of the required regulations. The Cardone Law Firm has the experience to battle with these defense firms and make sure our clients are not bullied around in the courtroom. We will fight for each of our clients to receive the rightful compensation they are entitled to.16. §195. Riding on bicycles - A person propelling a bicycle shall not ride other than upon or astride a permanent or regular seat attached thereto. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. A person operating a bicycle shall at all times keep at least one hand upon the handle bars thereof.
a. If there has been a car crash with a bicyclist that violates this statute it does not raise the presumption that the bicyclist is the proximate cause of the crash. Louisiana case law shows that the circumstances of each crash will be analyzed, but the fact that this ordinance has been violated will not cause the bicyclist to be found liable for the crash automatically.17. §196. Clinging to vehicles - No person riding upon any bicycle, skates, skateboard or any other non-motorized rideable device shall attach himself or the device to any vehicle upon a highway.
a. This statute usually comes into play when children attach themselves to a vehicle to go down streets and other roadways for fun. These actions are extremely dangerous and can lead to crippling injuries. When such accidents occur many different parties may be at fault, and the Cardone Law Firm has the capability to show which party is liable and the ways to hold them responsible.18. §197. Riding on roadways and bicycle paths - Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following circumstances: (1) When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to avoid fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lane or any other conditions that make it unsafe to continue along the right-hand curb or edge of the roadway. (4) When approaching a place where a right turn is authorized. Persons riding bicycles shall be allowed to operate on the shoulder of a roadway.
a. The general rule as explained in Tenpenny v. Ringuet is that whenever there is a usable path for bicycles adjacent to the roadway then the bicycle riders must ride on that path and not the roadway. However, when such a path has not been provided, bicycle riders must follow this statute to comply with Louisiana law. Exceptions to the general rule such as these always appear and this is the reason to have a personal injury attorney on your side. You need someone that has the necessary experience in these types of cases to get you the compensation you are entitled to. Cliff Cardone has over 40 years of legal experience under his belt. He has been a Defense Attorney, District Attorney, Judge, and personal injury attorney. He has seen it all and knows how to analyze each case.19. §201. Harassment of bicyclists prohibited - It shall be unlawful to harass, taunt, or maliciously throw objects at or in the direction of any person riding a bicycle.
a. If this statute has been violated and has lead to a crash or injury to the bicycle rider then there is usually a clear cut case for who is responsible. The Cardone Law Firm will be able to cite to statutes such as this one and show that the other party is the proximate cause for the injuries that have been sustained.20. §211. Pedestrians subject to traffic regulations - Pedestrians shall be subject to traffic-control signals at intersections as provided in R.S. 32:233 unless otherwise required by local ordinance, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Part.
a. Many people did not know this, but pedestrians are granted the same rights and privileges of motorists in some circumstances. Case law shows that the rights of pedestrians and an automobile driver at a street intersection are equal and reciprocal, and each must use such caution and prudence as each situation demands. This is important to realize as each case is unique and will be determined by the specific facts of each crash. In most crashes that occur at an intersection it is usually unclear that one party is 100% at fault. Louisiana law uses contributory negligence which is an affirmative defense that places the burden on the defendant to show that the victim had a role in causing the crash. If this is used then compensation for the victim will be proportionately decreased to the amount of fault he or she has in causing the crash. This is why an experienced local attorney is needed to argue that the victim in fact was not the cause of the crash and will fight for as much compensation as possible.21. §212. Pedestrians right-of-way in crosswalks - A. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and yield the right-of-way, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the roadway upon which the vehicle is traveling or the roadway onto which the vehicle is turning. B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
a. This statute as interpreted by Louisiana courts provides that there are duties placed on both pedestrians and drivers. First, as stated in Thomas v. Lea, a motorist has a burden to use more than ordinary care to see what is ahead when approaching a pedestrian crosswalk. However, pedestrians also have a duty imposed on them as well. Pedestrians have the duty of observing approaching traffic and looking both ways before attempting to cross a street at an intersection. In many cases where there is an accident at an intersection the case will become a fight of words between both parties. The Cardone Law Firm will be able to review your case and know how to approach it. We will be able to find witnesses, get police reports, or subpoena any video/photographic evidence to show exactly what happened and how the crash occurred.22. §213. Crossing at other than crosswalks - A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. B. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
a. This statute is important as it places a duty on the pedestrian when he or she is crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk. In Hundley v. Harper Truck Line, the court stated that a pedestrian has a statutory duty to yield to traffic in the absence of a marked crosswalk, and must also exercise reasonable care to avoid leaving a curb or other place of safety beside the roadway and walking into the path of a vehicle. Knowing who has a higher duty of care is very important in these cases because it will raise an extra issue in determining who is at fault.23. §216. Pedestrians on highways or interstate highways - A. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent highway. B. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the highway or its shoulder, facing traffic which may approach from the opposite direction. C. It shall be unlawful for any pedestrian to cross an interstate highway, except in the case of an emergency.
a. This statute is very important as it regulates where pedestrians must walk under different circumstances. The Cardone Law Firm handled a case in which this specific statute came into play at trial. A lady was struck by a vehicle in a horrible crash that caused her to go into a coma and sustained life changing injuries. The defense firm made the argument that since no sidewalk was provided she had to walk on the left side of the highway facing traffic. The Cardone Law Firm, using this statute, successfully argued that this is only required when practicable and it was not practicable to walk this way on the roadway she was on. We were able to receive a large settlement that helped her with medical bills, pain and suffering, and lost wages.24. §282. Obstruction to driver’s view or driving mechanism - A. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front sides or rear of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. B. No passenger in a vehicle shall ride in such a position as to interfere with the view of the driver to the front, sides or rear of the vehicle or to interfere with his control over the driving mechanism of the vehicle.
a. This statute comes about when people are driving their vehicles and have so many people or things in the way that it actually causes a crash. This can occur when transporting people, moving from one place to another, or transporting goods for work. Even though it seems like common sense to make sure nothing is in the way of the driver’s view this statute is continually broken on a daily basis.25. §284. Riding in open pickup trucks and utility trucks - No person or persons under the age of twelve years shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, or in a utility trailer while moving upon a highway of this state. No person shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, while the truck is moving upon an interstate highway of this state.
a. This statute refers to the situation when someone rides in the back of a pickup truck for any type of purpose. There are different regulations that arise depending on the age of the person riding in the back of the truck. A dangerous situation can arise when there is an accident under these circumstances. There are no seatbelts that can protect the person, and he or she may be thrown out of the bed of the truck causing catastrophic injuries. It is very important to follow these regulations and make sure everyone is safely in the vehicle before making any type of trip.26. §286. Following authorized emergency vehicles prohibited - The driver of any vehicle other than one on official business shall not follow any authorized emergency vehicle traveling in response to an official call of duty closer than five hundred feet or drive into or park such vehicle within the block where such vehicle has stopped in answer to an official call.
a. Many car collisions have occurred when drivers get out of the way when an emergency vehicle is behind them and then afterwards try to get back onto the highway to be hit from a car illegally following the emergency vehicle. Many people try to follow these emergency vehicles closely because traffic will move out of there way and they can get to their destination at a quicker pace. However, this type of behavior is illegal and has caused many serious crashes. If this statute has been broken it will show that the driver following the emergency vehicle will usually be held to be liable.27. §295.2. Wearing of headphones - The wearing of headphones by any operator of a motor vehicle is hereby prohibited. For purposes of this Section, "headphones" shall mean a headset, headphone, or listening device other than a hearing aid or instrument for the improvement of defective human hearing which covers both ears or which is inserted into both ears.
a. This is an important statute that comes into play in many cases. Drivers, nowadays, instead of listening to the radio enjoy listening to their iPod or other electronic devices as well while on the road. However, the Louisiana Legislature has prohibited these actions because they cause distractions and do not allow the driver to hear certain sounds, such as a horn or command from a police officer. Breaking this statue could show that the party is liable for a car crash because they were distracted at the time of the accident.28. §300.5 - No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site.
a. This law has been passed because of the rise of technology which encompasses so much of a person’s life nowadays. Distractions of using a phone while driving is rising to one of the leading causes of car crashes in modern time. According to the National Security Council, from the latest injury and fatalities statistics, the use of a cell phone is now estimated to be involved in 26 percent of all motor vehicle crashes. 21 percent of the accidents come from drivers talking on the phone while 5 percent of the accidents are caused by drivers texting while driving. The Cardone Law Firm will be able to subpoena phone records and use this information against the other party to see if they were on the phone at the time of the crash. This could become a substantial issue in determining who is at fault for a car crash.29. §301. When lighted lamps are required - Every vehicle upon a highway within this state shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles subject to exception with respect to parked vehicles at any of the following times:(1) At any time between sunset and sunrise. (2) When, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead. (3) When moisture in the air or precipitation necessitates the continuous use of windshield wipers. (4) While driving in a tunnel.
a. As shown in this statute, there are different times in which lighted lamps on vehicles must be displayed. If such lights are not shown on a vehicle this may in fact cause a crash if the other vehicle does not see the vehicle with no lights. Exceptions to the general rule regularly make an appearance in a client’s case and this is why there is a need for an experienced personal injury law firm such as the Cardone Law Firm.30. §313. Lamp or flag on projecting load - Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
a. This is a statute in which many trucking companies should be familiar with. When a company hauls any type of material and it hangs off the bed four feet or more they must follow these specific regulations. If these regulations are not followed it could cause the driver of another vehicle to not see the load and cause a crash. Specific statutes, such as this one, can make or break a case. If you have been injured in a car crash then you will need an experienced lawyer that knows these statutes and countless others. The Cardone Law Firm is respected throughout the State of Louisiana for the results we get our clients. We will fight our hardest to make sure every client receives the amount of compensation they are entitled to.Who We Can Help
With an office located in New Orleans, the Cardone Law Firm provides legal services for the entire State of Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.
Why the Cardone Law Firm?
As seen throughout this section there are a vast amount of laws that can be applicable in different situations. Victims injured in a car crash should not be left to defend themselves in the complicated legal system as well. Cliff Cardone is an attorney who knows the vulnerable state that the victims of car accidents are in, and that is why he has dedicated his career, over 40 years, to get the best possible results each of his clients are owed. If you have been injured in a car accident, Phone Cardone at 504-522-3333or toll free at 1-888-892-2736 for a free in person consultation. The Cardone Law Firm will vigorously fight for your rights and get the best possible results for your case.