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Facebook, Twitter, Snapchat, Instagram – these are just a few of the social media applications most people use. 
 
These social media tools are pretty common today - I mean my wife's 93-year-old grandmother has a Facebook and posts pretty frequently.  Whatever you use - please keep this in mind as your injury case progresses.
 
Ideally, you will deactivate your social media accounts while your case is pending, but we know how hard doing so is these days.  You should remember even simple tweets or Facebook posts can make or break your personal injury case. Posting on your social media account can impact your personal injury claim in various ways.
 
What to Do and What Not to Do on Social Media When Filing a Personal Injury Claim
 
Ultimately, keep in mind these tips regarding social media if you’re filing a social media claim, including the following:
 
  • DO change your privacy settings. It is a safe practice in general, but especially when you are going through an injury or court proceeding. Only let your friends, family, and the people you actually know view your profile.
  • DON’T post photographs of the injury. One of the major appeals of social media is being able to connect with family and friends, all at once, regardless of your location. The temptation might be high to post pictures of your car after a major accident or to post photographs of injuries on your person, but it is imperative to avoid posting these photographs.
  • DO ask others to remain silent regarding your injury. As important as it is for you to not post photographs, it is important for others in your life to do the same. Others pictures or updates posted to social media could be used in your lawsuit. While sometimes this could help you, there is an overwhelming chance that the post could be harmful to your case. 
  • DON’T post updates about your condition or claim. Do not post about visits with doctors, your lawyer, or any case updates.
  • DO avoid reading other’s reactions to your case. In the event of a news article or some other public posting about your case, avoid engaging in arguments or discussion over the article.
  • DON’T forget about all of your social media accounts. Your most used accounts will not be an issue for you to remember to change privacy settings or watch for other’s posts, but make sure to do so for all accounts you have acquired over the years.
  • DO know that anything on your social media could be potentially used in your lawsuit. This includes past posts. It can be advantageous to you to be constantly aware of what you post, even without a personal injury claim.
  • DON’T contact other parties to the case via social media. Contact between parties needs to be between lawyers on each side. Do not reach out via social media to anyone involved in the case.
  • DO ask your family and friends to NOT tag you in any of their posts or stories.  We have seen insurance companies and defense attorneys use someone being tagged by friends/family to imply the tagged person was doing things (like boating) when they claimed they could not.  So, make your friends and family aware they should not be tagging you.
 
If you have any questions or concerns, please reach out to us.

I've written a book Quick Guide to Louisiana Accident and Injury Claims. This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim.  Discover why you may not even need an attorney! Get answers to your questions about recorded statements, paying medical bills, getting your vehicle repaired, negotiating a settlement, and much more! Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages! You need to read this before you talk to an attorney or insurance adjuster.  I'd love to send you a copy. Just click here to receive your free copy of my book Quick Guide to Louisiana Accident and Injury Claims.

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Will Your Insurance Cover Your Medical Bills After A Motorcycle Accident?

Motorcycles look cool, and they are fun to ride. If you do ride, however, please do one thing before you get on the bike again – check your motorcycle insurance!

I don’t have to tell you that motorcycles can be dangerous. And even if you’re the most skilled driver ever, you can’t control other drivers on the road. And too many times, negligent drivers end up not having enough insurance to cover claims for the people they injure.

Specifically, you should check your insurance policy to see how much underinsured motorist (UM) coverage you have. This the insurance that protects you if you’re injured by a negligent driver that doesn’t have enough insurance to cover your claim and you purchase it yourself when you get your own policy.

Motorcycles Injuries can be Much Worse Than Car Accident Injuries

Do your best to maximize your UM insurance. Unfortunately, statistics show while the fatality rate for cars and light trucks was less than 10 per 100,000 vehicles in 2015, for motorcycles, the fatality rate was over 57 per 100,000 vehicles.  That is a staggeringly large difference – and I’m sure you feel and see it every day.

So I’d recommend getting way more than the minimum $15,000 in UM coverage. After all, a single surgery or a night in the hospital can land you a bill higher than $15,000.

I hate being a “Debbie Downer,” but for you need to think about you and protecting you because other drivers don’t.

And if you’ve been involved in a motorcycle accident in St. Charles Parish, Jefferson Parish, Lafourche Parish, St. John Parish, Orleans Parish, or another parish in Louisiana, give Loyd J. Bourgeois, LLC a call at (985) 240-9773.  

If you have questions about your Louisiana motorcycle accident case, you can download a FREE copy of Loyd's book, The Quick Guide to Louisiana Accident and Injury Claims from our website.

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Two recent news stories caught my attention because of the unbelievable pettiness of the divorcing parties. 

Example 1 – A New York real estate developer recently finalized his divorce with his former wife of over 50 years, but apparently that was not enough for him.  As soon as the divorce was finalized, he had a 42-foot tall picture of his new wife installed on a building he owned in Manhattan – the building was supposed to house the apartment of his ex-wife. 

Example 2 – Rudy Giuliani’s divorce from his soon-to-be-ex-wife reeks of pettiness with the latest reports having the trial judge ordering them to not be in the same room at an exclusive country club – because they can’t stand the sight of each other.  The trial judge had to make a ruling that whoever is in the room first gets to stay and the other has to leave. Apparently, Rudy struggled to even shake her hand at the recent hearing!  The two could not even agree on relatively simple property sharing arrangement causing the judge to state, “It really doesn’t matter to me who has Memorial Day weekend and who has Labor Day weekend. I do not understand why something like that needs to be brought to the court.”

            Pettiness is not limited to high-net-worth and celebrity divorces (those are just the ones we read about in the news).  Here are a few examples from real life, real people divorce cases: sending your kid to the other parent’s house in raggedy clothes;  putting an item in storage instead of using it or letting the other party use it; sending a tooth back a week later with your child for the tooth fairy because the child had lost it on the exchange day; getting angry or causing problems over 5-10 minute delays;  running up the electricity bill because the other side has to pay it while waiting for the divorce; and plenty others. 

            Here’s my take – Grow up and move on.  Look, I know divorce is hard, but actions like these only make it harder on everyone involved. They infuriate the other side causing them to not compromise and dig their heels in. They infuriate judges by taking up valuable court time with personal and petty grievances. They cost you money AND they keep you mired in a life and state of mind that you need to move on from.  They may cost you friends, family, and relationships.  Forget about the punishment, revenge, or appearing weak! Move on with your life.  

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That’s It…I Can’t Take It Anymore

via GIPHY

I’m told there comes a point where you just know.  You’ve been thinking about it.  Maybe even discussed it in the past with your spouse.  Some have even tried counseling.  But, then, one day you just -- know it and there’s no going back.

You want out…no…you need out. But what does out mean?

The problem is going to come up: who leaves and who gets to stay in the house?

There’s no cut and dry answer for this one. There aren’t many rules or laws for making your decision easier, either.

Before you decide to

via GIPHY

and leave the nonsense behind, there are some critical steps you need to consider and think about, probably with the assistance of a Luling divorce and family law attorney:

  1. Is leaving absolutely necessary? What legal rights are you giving up when you leave?
  2. Can you afford to leave? 
  3. Will you have access to the documents and accounts you need after leaving to help in your case?
  4. Do you have a plan for parenting until you get to court, or are you just going to wing it?
  5. Do you know everything you have and are you taking everything you want?  What if there is a disagreement?
  6. Are you planning to be “free” since you broke “free” – that is, do you plan on dating since you left?  Think about why this may not be the best idea.
  7. Are you going to face this divorce alone without help? Who do you need to help you get the results you deserve?

If you have questions about your St. Charles Parish divorce and child custody matter, contact Loyd’s office at (985) 240-9773.

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In Louisiana, the weather is almost always riding weather (or if not, give it a day or two) and more motorcyclists are hitting the open roads than ever. With the influx of motorcycles on the streets, accidents are inevitable. If you are a motorcyclist, there are certain precautions you can take to prevent your odds of being injured in a Metairie motorcycle accident.

What you need to understand about motorcycles

While it’s obvious, it is worth reiterating - Motorcycles are less crashworthy than other types of vehicles. Unlike a passenger car, where a person is enclosed in an armor of metal, there is nothing to protect the motorcycle rider in an accident, other than a helmet and the appropriate riding gear. Motorcycles are also not as visible as larger vehicles, making them more prone to crashes caused by other motorists.

Drivers often do not see motorcycles either because they are riding in their blind spots or the drivers are just not paying enough attention, leading to a Metairie motorcycle accident.

Avoid a Metairie motorcycle crash

You can take certain safety measures to reduce your chances of getting into a motorcycle crash. 

The AAA Foundation gives the following recommendations:

  • Use the appropriate safety gear, including the proper clothing, eyewear, and footwear.
  • Always wear a helmet. In Louisiana, the law requires all riders to wear motorcycle helmets. 
  • Use a helmet that meets a high protection standard.

Motorists can also minimize the probability of a motorcycle accident by doing the following:

  • Allowing at least 4 seconds of follow time behind a motorcycle. What are minor inconveniences to motorists, such as potholes, uneven roads, and railroad crossings, can be serious for motorcyclists. Therefore, motorcyclists need enough room to change their speed or adjust their position on the road.
  • Check your mirrors before making lane changes or turns. Again, motorcyclists can be hard to see and are often hidden in blind spots.
  • Don’t share the lane with a motorcycle. This is a dangerous practice and could lead to an accident.

By following this important safety advice, it is possible to avoid a Metairie motorcycle crash.

And if you’ve been involved in a motorcycle accident in St. Charles Parish, Jefferson Parish, Lafourche Parish, St. John Parish, Orleans Parish, or another parish in Louisiana, give Loyd J. Bourgeois, LLC a call at (985) 240-9773.  

If you have questions about your Louisiana motorcycle accident case, you can download a FREE copy of Loyd's book, The Quick Guide to Louisiana Accident and Injury Claims from our website. You can also contact Loyd’s office by filling out a contact form at www.TheInjuryQuiz.com. 

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As Mardi Gras season comes to an end (one of my favorite times of the year by the way), the rallying cry of kids of all ages up and down New Orleans, Metairie, and Houma parade routes was “Throw Me Something Mister.”

Most of the stuff thrown by the float riders consist of cheap plastic beads, cheap light-up toys, a few stuffed animals, maybe a football or the ever coveted doubloon. And wow, do people get testy over these trinkets other people are giving away for free all up and down the route.

These parade route scrapes over easily replaced items reminded me of the fights I've seen and heard over community property in St. Charles Parish family law cases. Sometimes, people fight for stuff they don't even want – they just don’t want the other side to have it.

Not unlike the parade goers who would rather snap a long string of pearls in half than let go and let the other side put them around their neck. When push comes to shove, and you ask why it's important to get these cheap beads (or in the case of community property – the old toys, alarm clocks, dishes, etc., etc.), it becomes pretty clear that it's not really about the stuff. It's all about making sure the other person (or, the other spouse) doesn't get it.

That's right – on the parade route, they rather it go to the clean-up crew than someone else who held it.

In Luling family law cases, they'd rather it go to the Veterans group or Social Concerns than to their soon-to-be ex.

In fact, they feel so strongly about it that they're willing to pay an attorney to help get stuff they don't want. It’s not just property – people fight over things that don’t matter to them personally just to cause trouble for their spouse. Just to try to claim they won…

What I'm wondering is – have you done it yourself? Are you letting your emotions take over sometimes? If so, the first step to solving that problem is just recognizing what you're doing.

Let go of the beads or the light up toys – the other side may be new to town and never experienced this before. If not, congratulations. You're in the right place. You are doing things for the right reasons.

I personally think it's crazy to fight for stuff you don't want, need or can easily replace. While Destrehan divorce and child custody cases are tough and filled with emotion, deciding to let go can make the biggest difference – not just in your family law case, but in your life.

If you have questions about your St. Charles Parish divorce and child custody matter, contact Loyd’s office at (985) 240-9773.

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For motorcyclists, it’s about the thrill of riding, the freedom of the open road, the power and speed. For safety experts, they are concerned about the dangers motorcyclists face. Whichever side of the line you are on, you should understand the significance of motorcycle helmets and how the one that you wear, could mean the difference between life and death when in a wreck.

Motorcycle Crash Kills Man On Bonnet Carre Spillway

It was just last summer when a 27-year-old man was fatally injured in a St. Charles Parish motorcycle accident on the Bonnet Carre Spillway just north of  Destrehan, Louisiana. The motorcycle crash occurred on when another speeding driver crashed into the back of a motorist slowing due to traffic, which set off a four-vehicle chain reaction. According to police reports, the motorcycle rider was heading eastbound on Interstate 10 (I-10) when he was the third vehicle impacted in the crash and he then collided with a fourth vehicle. The rider was thrown from his bike and sustained fatal injuries. Sadly, this is just one example of the seriousness of motorcycle crashes.

Local Politician Ends Up in ICU After  Motorcycle Crash While NOT WEARING A Helmet

Some will remember the St. Charles Parish president who was “teaching” his daughter how to ride a motorcycle and crashed causing him to end up with serious injuries.  I say “teaching” because according to news articles:

  1. Neither motorcycle driver was properly licensed;
  2. Helmets were not used; and
  3. The motorcycle was not insured.  
Wearing the “Right” Helmet is Critical

The law in Louisiana is clear, motorcyclists and riders must wear a helmet. Study after study has shown that motorcycle helmets save lives. However, not all helmets are created equal. Make sure your helmet meets the safety standards set by the U.S. Department of Transportation (DOT). Be aware of many helmets sold at novelty shops because they may not meet these standards.  

Here are some things you should look for when purchasing a motorcycle helmet:

  • The DOT sticker. Motorcycle helmets that meet the safety standards will have a sticker with the letters, “DOT.”
  • Check the padding – inner liner must be about one-inch thick per federal guidelines.
  • Sturdy chin strap and solid rivets. This is one of the standards set by DOT.
  • Familiarize yourself with the weight. A helmet that meets federal safety standards will weigh about three pounds.
  • Evaluate the design. Nothing should extend beyond two-tenths of an inch from the helmet’s surface.
St. Charles Parish Motorcycle Accidents

Motorcycle crashes happen a lot. With major thoroughfares in St. Charles Parish including Highway 90 (Des Allemands through Boutte and Luling), Highway 61 (Airline Highway from Montz through Norco, Destrehan and St. Rose), Interstate 310 (I-310 from Boutte through Luling, and Destrehan), Interstate 10 (I-10) including the Bonnet Carre Spillway, and River Road (from Ama through Luling, Hahnville and Killona on the Westbank, and through St. Rose, Destrehan, Norco and Montz on the Eastbank), St. Charles Parish has many popular motorcycle routes.  If a careless driver has hurt you, you may be able to recover compensation for your injuries.

If you have questions about your St. Charles Parish Louisiana motorcycle accident case, you can download a FREE copy of Loyd's book, The Quick Guide to Louisiana Accident and Injury Claims from our website. You can also contact Loyd’s office by filling out a contact form.
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As Mardi Gras season comes to an end (one of my favorite times of the year by the way), the rallying cry of kids of all ages up and down New Orleans, Metairie, and Houma parade routes was “Throw Me Something Mister.”

Most of the stuff thrown by the float riders consist of cheap plastic beads, cheap light-up toys, a few stuffed animals, maybe a football or the ever coveted doubloon. And wow, do people get testy over these trinkets other people are giving away for free all up and down the route.

These parade route scrapes over easily replaced items reminded me of the fights I've seen and heard over community property in St. Charles Parish family law cases. Sometimes, people fight for stuff they don't even want – they just don’t want the other side to have it.

Not unlike the parade goers who would rather snap a long string of pearls in half than let go and let the other side put them around their neck. When push comes to shove, and you ask why it's important to get these cheap beads (or in the case of community property – the old toys, alarm clocks, dishes, etc., etc.), it becomes pretty clear that it's not really about the stuff. It's all about making sure the other person (or, the other spouse) doesn't get it.

That's right – on the parade route, they rather it go to the clean-up crew than someone else who held it.

In Luling family law cases, they'd rather it go to the Veterans group or Social Concerns than to their soon-to-be ex.

In fact, they feel so strongly about it that they're willing to pay an attorney to help get stuff they don't want. It’s not just property – people fight over things that don’t matter to them personally just to cause trouble for their spouse. Just to try to claim they won…

What I'm wondering is – have you done it yourself? Are you letting your emotions take over sometimes? If so, the first step to solving that problem is just recognizing what you're doing.

Let go of the beads or the light up toys – the other side may be new to town and never experienced this before. If not, congratulations. You're in the right place. You are doing things for the right reasons.

I personally think it's crazy to fight for stuff you don't want, need or can easily replace. While Destrehan divorce and child custody cases are tough and filled with emotion, deciding to let go can make the biggest difference – not just in your family law case, but in your life.

If you have questions about your St. Charles Parish divorce and child custody matter, contact Loyd’s office at (985) 240-9773.

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*NOTE* I wrote this blog post before the tragic drunk driving crash that killed two bicyclists and injured 7 more in New Orleans on Endymion night.  This new incident highlights another major problem on Louisiana roadways, drunk driving.  It has also led to renewed discussions of how to make bike lanes in the city safer.  Hopefully, some positive changes can come from this horrible tragedy.*

I was surprised to learn Louisiana is the 4th most dangerous state for pedestrians in the country.  The study published by Smart Growth America found Louisiana had 1,047 fatal pedestrian-vehicle incidents from 2008-2017 (ranking 4th out of 50 states) with Baton Rouge (12th) and New Orleans-Metairie (42nd) in most dangerous cities for these incidents.  In fact, pedestrian fatalities has increased over 35% during the period studied while fatalities between vehicle occupants has decreased by 6% during the same time frame.

The news is even worse for bicyclists as Louisiana is the 2nd most deadly state (behind only Florida) according to a study by the Wall Street Journal.

A google news search for pedestrians killed in Louisiana resulted in at least eight news articles on the first page describing tragic deaths from November 2018 until February 2019.  For bicyclists, I found five tragic deaths for October 2018 until February 2019 on the first page.

Pedestrian Run Over When Driver Distracted by Phone Use

A pedestrian was hit and instantly killed when a driver IN A PARKING LOT at a doctor’s office was paying attention to her phone as opposed to the parking lot and people in it.  As an attorney, I believe everyone is entitled to the best defense possible because that’s a big part of what makes our legal system as rigorous and fair as it can be.

But, WE KNOW BETTER – we know that distracted driving kills. WE HAVE TO PUT THE PHONE DOWN.

Nothing is more important than life. It’s true in St. Charles Parish (Luling, Destrehan, Boutte, Norco, Des Allemands, St. Rose, Hahnville), it’s true in Jefferson Parish (Marrero, Gretna, Harvey, Kenner, Metairie, Lafitte, Westwego, Avondale, Harahan, etc.), it’s true every single time we get in a car anywhere. No excuses!

Protect Your Loved Ones and You Can Avoid a Fatal Accident

Please, be careful out there. Protect yourself and your loved ones – and everyone around you for that matter. Share this post with your teens or with anyone who might think that distracted driving isn’t a big deal because they are “really good at multitasking.” Are you willing to risk the life of someone’s child on that? It seems the rise in pedestrian and bicyclist deaths in Louisiana is mirrored around our region. We need to turn that around by being extra vigilant, every time we drive a car.

Louisiana State Police Pedestrian Recommendations

In a recent news article, a Louisiana State Police spokesperson from Troop B in Kenner, Louisiana cautioned pedestrians to always pay attention to their surroundings, wear light-colored or reflective clothing, and avoid walking on roadways in dark areas. Pedestrians should never assume drivers see them, especially at night, and walk facing traffic. Cross roadways only in well-lit and designated areas.

For bicyclists, Louisiana law requires usage of lamps and reflectors if riding between sunset and sunrise, and riding as near to the right side of the roadway as practicable. 

If you were in an accident as a bicyclist or pedestrian, I wrote a book Quick Guide to Louisiana Accident and Injury Claims. This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim. Get answers to your questions about recorded statements, paying medical bills, negotiating a settlement, and much more! Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages! You need to read this before you talk to an attorney or insurance adjuster.  I'd love to send you a copy. Just click here to receive your free copy of my book Quick Guide to Louisiana Accident and Injury Claims.

You can also contact our office at (985) 240-9773 or by filling out a contact form.

 
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You could say it was love at first sight – Anthony Davis was drafted number 1 overall in the 2012 draft by the New Orleans Pelicans.  And, like many relationships, the honeymoon phase lasted for a while. You know what I’m talking about – the period of time where the relationship was fresh and exciting, always wanting to be around each other, you overlooked some minor flaws, you were learning new things about each other and pushing each other to be greater than before. But, honeymoons never last forever.

And, that’s where the real relationships start.  Or maybe, like in the case of Anthony Davis and the New Orleans Pelicans – end.

Each benefited from the other – much like any traditional relationship.  Davis became one of the NBA's best players as New Orleans gave him room to grow.  Likewise, New Orleans found success where it had been lacking for years, peaking with a playoff series victory just last year.

But, along the way, there were a few cracks mostly overlooked at the time.  Most observers note Davis has an injury history, but the Pelicans did not let that stop them from continuing to build around Davis and maintain him as the centerpiece of the franchise.  The Pelicans, on the other hand, have, as many would agree, a lackluster front office and coaching staff – losing superstars (Chris Paul, Demarcus Cousins), bad drafts (no player drafted since Davis remains with the team) and failing to persuade top line talent to sign to play alongside Davis.  But Davis continued to have faith and played hard for the team.

Until now.

Recently, the New Orleans NBA superstar demanded a trade from the team that drafted him back in 2012 – about seven years ago.  For those seven years, Davis and New Orleans were a formidable team. They were committed and tried their best to make it work.  But, alas…something happened.

It appears the “Seven Year Itch” has struck Davis and the Pelicans.

You know about the Seven Year Itch right.  It is the concept that happiness declines so far in a relationship around year seven, one or both parties want out.

And, it’s not just with Anthony Davis and the Pelicans.

Divorce statistics have consistently shown a high percentage of marriages end in divorce around 7 years. Back in 1955, Marilyn Monroe even starred in a movie about the concept. Remember the famous Marilyn white dress picture – it’s from “The Seven Year Itch.

In Anthony Davis and the Pelican’s case, there is speculation Davis’s new agent is driving the now public discontent. Maybe; maybe not. But, it’s not uncommon for someone new to help an unhappy relationship participant to see maybe what they have ignored for so long and encourage them to remember their own happiness is important. Who knows?

The same holds true in Luling divorce and family law cases.

After the announcement requesting the trade, Davis and Pelicans have had a tumultuous time. There are questions about Davis’s commitment and play on the court; the Pelicans’ coach has called the situation a dumpster fire. Maybe they should have parted ways when they had the chance.

When the honeymoon is over, and the real relationship begins, sometimes it doesn’t always end in a championship. Sometimes, separation and divorce is the only answer. Maybe sooner rather than later…only you really know the answer.

While Luling divorce and child custody cases are tough and filled with emotion, working towards an amicable resolution early before it becomes “a dumpster fire” may be your best option.

If you have questions about your St. Charles Parish divorce and child custody matter, contact Loyd’s office at (985) 240-9773.

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