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Louisiana ranks 4th worst for distracted driving deaths

2025-01-20T13:15:40Z

Louisianaians have a lot to be proud of, but their distracted driving habits are not one of them. A recent study puts Louisiana among the deadliest states in the U.S. for distracted driving deaths. The study used 2021 car accident data collected by the National Highway Traffic Safety Administration. Researchers report that 173 fatal crashes caused by distracted driving happened in Louisiana that year. Only three states -- New Mexico, Hawai'i and Kansas -- had a higher percentage of their fatal wrecks caused by a distracted driver. By raw numbers, the state had the fifth-most number of fatal distracted driving accidents despite ranking just 25th in population.

Never an excuse to drive distracted

Distracted driving impairs the driver's awareness of what is going on around them and reaction times. Even a brief glance at your phone or any other distraction can greatly raise the risk of causing a terrible car accident. Distracted driving is also entirely preventable. It is easy for a responsible motorist to keep their phone set down while driving, or to at least limit themselves to hands-free apps. But just as drunk drivers choose to get behind the wheel while impaired, distracted drivers make the negligent decision to split their focus. Because of this, whenever a distracted driver causes a severe wreck in which somebody gets disabled or killed, they most likely can be held legally responsible for their victim's damages. As the plaintiff, you can seek compensation for things like your hospital bills, lost wages, pain and suffering and lost enjoyment of life. Proving liability can be complicated, but a personal injury attorney can greatly increase your chances of success.

Putting Your Kids First in Your Divorce

2024-06-21T21:27:13Z

When you’re a Louisiana or Texas parent whose marriage is coming to an end, part of the recovery process inevitably involves going through it with your children. It’s crucial for you to remember that, no matter how bad your own pain is, your child is experiencing trauma as well, and will have healing to do. It’s never easy to move forward with your life after a divorce, but if you keep your children at the center of every move you make, it can help make for a smoother process. Here are some tips to keep them at the top of your considerations even when times are at their hardest:

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Don’t forget who’s most important to you

Throughout the process, it is a good time to remind yourself to see your children as the most important asset you have. Otherwise, it’s all too easy to lose sight of the important things. There’s so much to be afraid of and anxious about, and when you’re trying to figure everything out at once, it can be easy to overlook what your children need and what you want for them.

Avoid court if you can

If at all possible, it can be incredibly helpful to keep the divorce out of the courtroom. When you can settle everything beforehand, there’s a significantly lower chance that your kids will be traumatized by the process. The adversarial nature of litigated divorce proceedings puts the parents at odds with each other by default, and the kids are more than likely going to feel the tension. This is compounded by the fact that a court battle can eat up time and money, and they can take a serious toll on the kids’ emotional well-being and school performance. If you’re getting a divorce in Louisiana or Texas and have children, it’s best to do whatever you can to help make them feel stable and secure. Even the best parents have to be careful not to forget about their kids’ needs because of all they are going through.

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Putting the kids first in your Louisiana divorce

2023-04-10T10:57:59Z

When you’re a Louisiana parent whose marriage is coming to an end, part of the recovery process inevitably involves going through it with your children. It’s crucial for you to remember that, no matter how bad your own pain is, you’re not the only one who will have healing to do.

Don’t forget who’s most important to you

It might never be easy to move forward with your life after a divorce, but if you keep your children at the center of every move you make, it will likely be a smoother process. Here are some tips to keep them at the top of your considerations even when times are at their hardest. Throughout the process, it is a good time to remind yourself to see your children as the most important asset you have. Otherwise, it’s all too easy to lose sight of the important things. There’s so much to be afraid and anxious about, and when you’re trying to figure everything out at once, it’s not hard to overlook what your children need and what you want for them.

Avoid court if you can

If at all possible, it’s a major help to keep the divorce out of the courtroom. When you can settle everything beforehand, there’s a significantly lower chance that your kids will be irreparably damaged by the process. The adversarial nature of litigated divorce proceedings automatically puts the parents at odds with each other, and the kids are certain to feel the tension. This is only compounded by the fact that court battles eat up time and money, and they can take a serious toll on the kids’ emotional well-being and school performance. If you’re getting a divorce and have children, it’s best to do whatever you can to help make them feel stable and secure. Even the best parents have to be careful not to forget about their kids’ needs because of all they are going through.

What Is A Parenting Coordinator?

2024-09-25T19:44:27Z

The case for a parenting coordinator.

Parenting effectively through divorce and other family law issues is hard! Parents and children alike need all the help they can get during times of adversity. Parenting coordination fills a need that many Baton Rouge parents do not even know that they have, but what is it exactly? If you are getting a divorce or already divorced, you are likely very familiar with conflict. It plagues split families relentlessly, often lasting well into a child's early adulthood or even their entire lives. Parenting coordination answers the need for stability, peace and cooperation between parents. As a non-confidential process centered on the children, coordination helps children by helping parents in conflict-filled family situations.

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What is a parenting coordinator?

A parenting coordinator is an unbiased third-party--usually a legal or mental health professional--trained to assist in high-conflict parental relationships. One of the main goals of parenting coordination is helping families put parenting plans into place and then abiding by the terms of these plans. Coordinators also help in other ways, including:

Educating co-parents about children
Monitoring the behavior of each parent
Helping parents resolve their disputes
Making suggestions or recommendations

The list above is far from exhaustive as parental coordinators often help parents address serious family law issues as well. Examples include psychological assessments for children and substance abuse testing for parents and/or children. Most co-parents in Louisiana will never need a parental coordinator. However, if you hear this term in a family law court, it is probably a good idea to ask an attorney for guidance. Anything that can help children survive a divorce with their emotional and mental health intact is always worth pursuing.

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Know your mechanics lien rights in Louisiana

2023-04-13T17:08:46Z

Many Louisiana parties have questions about mechanics liens – from contractors to property owners to suppliers to construction lenders – because the guidelines aren’t always consistent and may be conflicting. The issues that are most commonly seen by these professionals are around who has mechanics lien rights and how long you have to file.

Who has mechanics lien rights?

The parties that file for these types of liens encompass a wide variety of professionals, such as:

Contractors
Laborers
Employees
Material suppliers
Equipment lessors
Surveyors
Engineers
Architects
Sub-consultants

Both subcontractors and prime contractors (or general contractors) are entitled to mechanics lien rights. In some cases, workers have to meet certain qualifications to get the right to a mechanics lien. Architects, for instance, have to be licensed. Surveyors and engineers may have to be registered or certified as well. One common example of a seller of movables is the material supplier. For instance, the party that supplies fuel for equipment or machinery that’s used for the construction job. This party has a right to mechanics liens as well. However, bear in mind that the suppliers of the suppliers are not do not get the same mechanics lien rights as other construction professionals. A contractor also has to have the proper license for the job they’re doing in order for their claim to a mechanics lien to be valid. This is because you need to have a contract that’s valid to be entitled to lien rights, and you can’t have a valid contract under construction law when unlicensed professionals are working on a project that requires licensure or certification.

Know your deadline

It’s also important to be aware of your filing deadline, which tends to be a major point of uncertainty among claimants. Make sure you know what your own time frame is because it’s not the same in every situation. The deadline relies on a complicated mix of factors, including what your job is on the construction project and whether or not the Notice of Contract has been filed. If the Notice of Contract was filed, you have 60 days to make the claim after either the filing of the Notice of Termination, substantial completion or abandonment.

Understanding the most common construction defects in Louisiana

2023-04-10T10:58:07Z

Construction projects are a common source of lawsuits in Louisiana, often based on construction defects. Construction defects can get classified into four main categories: design defects, material defects, workmanship defects, and structural defects.

Design defects

When a construction project begins, specific plans and specifications usually detail how the project needs to get done. If the construction does not meet these plans and specifications, it may get considered a design defect. One of the most common examples of a design defect is when the construction plans violate the local building code. Code violations can often lead to safety hazards and other problems down the road that could trigger construction law proceedings

Material defects

Material defects occur when the materials used in construction are not up to par. For example, if an engineer uses substandard lumber to construct a home, the house will likely experience problems such as rot and insect infestation. Also, using the wrong materials for a particular construction project can cause problems down the road. For example, using concrete rated for parking to construct a foundation can lead to cracking and structural support issues.

Workmanship defects

Workmanship defects are errors made during construction that result in a lower-quality finished product. These errors can range from minor cosmetic defects to major structural problems. An example of a workmanship defect would be if the framing of a house is incorrect, which could lead to the walls and ceiling collapsing.

Structural defects

Structural defects are usually the most severe type of construction defect. They occur when the construction of a building is not done according to code and can result in the collapse of the entire structure. Causes of structural defects may include material, workmanship, or quality defects or discrepancies. Suppose you’re a property owner who has discovered construction defects on your property. In that case, getting someone to help you assess the situation and determine how to fix the problem is essential. Depending on the severity of the defects, you may need to hire a construction professional to make repairs or even completely rebuild the affected area.

Understanding contractor default litigation

2023-04-10T10:58:09Z

Construction projects in Louisiana are not always as smooth as contractors and other stakeholders expect them to be. Sometimes, the contractor defaults on the project, leaving the owner high and dry. When this happens, construction litigation may be the only recourse.

What happens in contractor default litigation?

In construction law, contractor default litigation arises when a contractor breaches their contract with the owner, usually by failing to complete the work or meet other contractual obligations. This can leave the owner in a difficult position, as they may be left with an unfinished project and no recourse against the contractor. There are a few options available to owners in this situation. They can try to find another contractor to complete the work, sue the defaulting contractor, or do both. This can be a difficult task, as construction contracts are often complex documents.

How does contractor default litigation work?

If an owner decides to sue a defaulting contractor, they will need to prove that the contractor breached their contract. The owner will also need to prove that they suffered damages as a result of the breach. Once these elements are established, the owner can file a lawsuit against the contractor. If the owner is successful in their lawsuit, they may be awarded damages. These damages can include the cost of completing the work, the cost of any repairs that were necessary, and other losses suffered by the owner as a result of the breach.

What are the risks of contractor default litigation?

While contractor default litigation can be a helpful tool for owners, it does come with some risks. First, construction litigation can be expensive and time-consuming. Second, the outcome of the litigation is never guaranteed. Even if the owner has a strong case, they may not be able to recover damages if the court does not rule in their favor. Owners should weigh the risks and benefits of construction litigation before deciding whether to sue a defaulting contractor. In some cases, it may be the best option available, while in others, it may be better to try to negotiate a resolution with the contractor.

Construction Contract Basics in Louisiana

2023-05-08T15:09:57Z

Construction projects, both big and small, always require a construction contract. This document is essential in protecting the interests of both the property owner and the contractor. If you’re about to embark on a construction project, it’s important to make sure you have a contract.

Construction Contracts. What are they?

A construction contract is a document that outlines the specific details of a construction project. This includes the agreed-upon specifications of the work as well as the timeline and payment schedule.

Do you need a Construction Contract?

One of the most important aspects of a construction contract is the fact that it can help resolve disputes that may arise during the course of the project. For instance, if the property owner fails to meet their obligations as outlined in the contract, the contractor can take legal action per construction law. A construction contract is also important because it helps protect both parties from any potential damages that may occur during the project. For example, if a contractor damages someone’s property while working on the construction project, the property owner can seek damages from the contractor. Last but not least, a construction contract can help ensure that the project gets completed on time and within budget.

What to include in a Construction Contract?

One of the most important things to include in a construction contract is a detailed description of the work that’s expected to be performed. This should include everything from the specific materials for the project, to the construction methods that will be employed. Another key element of a construction contract is the payment schedule. This outlines how and when payments will get disbursed to the contractor. The contract should also include a timeline for the project as well as any specific conditions that everyone must meet in order for the project to proceed. Generally, it’s important to make sure that both parties understand and agree to the terms of the construction contract. If there are any questions or concerns, ensure that they’re addressed before the contract gets finalized. This will help ensure that there are no misunderstandings down the road.

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The basics of construction contracts in Louisiana

2023-04-10T10:58:12Z

What is a construction contract?

Why do you need a construction contract?

What should you include in a construction contract?

Property division and Louisiana law

2023-04-10T10:58:14Z

Couples who seek a divorce in Louisiana have many concerns. Among them is the division of property. Knowing the laws can help you know what to expect during your divorce.

What are the property division laws in Louisiana?

Louisiana is a community property state when it comes to property division during divorce. This means that only the property acquired by each spouse throughout the marriage can be divided among them as part of the divorce settlement. The court will also consider factors such as how much one spouse supported the other when that person sought an education or professional training. Property division during a divorce in the state also depends on whether one spouse committed economic misconduct.

How does property division work in Louisiana?

Per the law in the state, when couples get a divorce, their property is divided 50/50 unless the court deems otherwise. Any property either spouse acquired or inherited during the marriage is split evenly between them both. Property that someone obtained before the marriage is considered nonmarital property that does not get divided in the divorce. However, while nonmarital property usually only belongs to one spouse, there are some exceptions. If that property or assets were commingled during the marriage, the court could consider that and deem it to be marital property to be distributed between the former spouses. Debts and assets are treated the same during a divorce. Any debts a former couple amassed during their marriage are equitably divided. However, if one spouse acquired a debt on his or her own, the court will keep that in mind when dealing with this aspect of asset division. Any gifts or inheritances either spouse receives while married is considered separate property, which means it’s not subject to division during a divorce. Like nonmarital property acquired before the marriage, the only exception is if those items were commingled. Knowing what to expect to happen with your property during a divorce is important. It can help you protect the property that’s yours alone.