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Have you been injured in a pedestrian-motor vehicle accident here in Shreveport or Caddo Parish, Louisiana? Pedestrians who are hit by cars, trucks, and other motor vehicles often sustain serious and severe injuries. Injured victims are entitled under Louisiana laws to file insurance claims against the at-fault party (or parties). Victims are also entitled to file personal injury lawsuits to recover compensation if they are not able to settle their insurance claims. If you have been injured in a pedestrian-motor vehicle accident, an important first step is to seek a consultation with an experienced Shreveport pedestrian accident attorney like ours at the Law Offices of Philip B. Adams. Please use our Contact Page and act quickly because there is a one-year deadline for filing Louisiana pedestrian-motor vehicle injury lawsuits. We are experienced Louisiana accident attorneys. Contacting us is free, and no obligation arises. We handle pedestrian accident cases as contingency fee cases. That means you pay nothing unless we obtain compensation on your behalf. Who is at fault in a Shreveport, LA pedestrian/auto accident? Obviously, the fault is determined by the unique and individual facts of the case. However, most often, the driver of the motor vehicle is determined to be "at fault." Under Louisiana law, drivers have various duties that they must satisfy. One is called the "duty of care," which means that every driver must be careful not to injure others. This also means being watchful for other drivers, pedestrians, motorcyclists, and bicyclists using the road. When pedestrians are using the roads, drivers of motor vehicles have a duty to be MORE careful since cars and trucks are much more massive than people. In addition, pedestrians are very vulnerable, having no protection against injury. Pedestrians are also slower than motor vehicles. These are some of the main reasons that pedestrians are prone to being seriously injured if they are hit by a motor vehicle. These are also some of the reasons that drivers must be more careful and more watchful for pedestrians. Because of the foregoing, drivers are most likely to be held liable to pay compensation for injuries sustained by pedestrians in motor vehicle accidents. What if I was walking in the street? Depending on the facts, a pedestrian might be held partially "at fault" for a pedestrian-motor vehicle accident. However, the victim is still entitled to compensation. If the victim was walking in the street, that might lead to a finding that the victim was partially at fault. What happens is that the jury (or another fact-finder) will decide how much fault the victim bears in relation to the driver. If the victim is deemed 10% "at fault," then the driver is 90% "at fault." From there, the total award of compensation is divided by the percentage of fault. In this example, the driver will be responsible for 90% of the compensation awarded. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Shreveport, Louisiana, first-degree murder carries a potential death sentence. By contrast, second-degree murder carries a life sentence without parole. The crimes are similar in that the death of a human being and intent is required. However, first-degree murder involves various defined "other factors," such as the killing of a police officer or a killing for hire. In this article, we will discuss the elements and defenses for second-degree murder. If you are arrested and charged with second-degree murder, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
What is second-degree murder in Louisiana? Second-degree murder in Louisiana is criminalized by La. Rev. Stat. § 14:30.1. There are three basic circumstances in which second-degree murder can be charged. These are General second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) With "specific intent" -- this is a willful desire to end a person's life (or cause great bodily harm) OR Felony murder second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender is engaged in the perpetration or attempted perpetration of any of the following crimes: aggravated or first-degree rape, forcible or second-degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second-degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first-degree robbery, second-degree robbery, simple robbery, cruelty to juveniles, second-degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm OR Drug death second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender unlawfully distributes or dispenses controlled dangerous substances (drugs) or distributes/dispenses to another who subsequently distributes or dispenses such controlled dangerous substances, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance. Punishments As noted, the death sentence is not available for those convicted of second-degree murder in Louisiana. In Louisiana, being convicted of second-degree murder results in life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. Potential Defenses Potential defenses include a number of criminal defenses that apply to many different types of crime. These include various innocence defenses like alibi and misidentification. Other defenses might be based on constitutional rights and/or police procedure. Still, other defenses might hinge on the elements of the crime and the prosecutor's failure to prove it. For example, can the prosecutors prove beyond a reasonable doubt that the killing was done by the accused (as opposed to some form of natural death)? As another example, with drug death second-degree murder, the prosecuting attorneys might not be able to prove that "your" alleged drugs were the ones that directly caused the death of the person involved. After all, at some point, "your" alleged drugs left your possession, and who is to say that "your" drugs did not get mixed up with other drugs? Plus, of course, it is difficult to prove that the alleged drugs were the "direct" cause of death. As another example, with felony murder and second-degree murder, the prosecutors may have difficulty proving the perpetration or attempted perpetration of the predicate crime. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Shreveport Auto Accident Attorneys: What Should I Do After a Tractor-Trailer Truck Accident?11/13/2023
If you or someone you love has been injured -- or killed -- in a Shreveport auto accident or a Shreveport tractor-trailer accident, Louisiana law entitles you and/or your loved one to full compensation for the injuries and property damage. The size and mass of 18-wheeler and tractor-trailer trucks on Louisiana roads and highways magnify the chances of severe injuries and fatalities. This is particularly true when the accident involves a passenger vehicle.
Louisiana big rig trucks are massive compared to passenger vehicles. They also can be difficult to manage and maneuver, have large blind spots and, because of their mass, commercial trucks need significant road space to effectively brake in the event of an emergency. After a Louisiana auto or big rig truck accident, there are two general things that should be done. Seek medical care/treatment, and take steps to improve the chances of success in your insurance claim and Louisiana traffic accident lawsuit against the at-fault driver. In terms of seeking medical care/treatment, if you are able, the first step is to call 911 for emergency assistance. The 911 call brings the police and ambulance services (and the fire department if the situation involves a fire or a danger of fire exists). Next, do not leave the scene of the accident and wait for the paramedics to arrive. Allow the paramedics to examine you AND go to the emergency room. This is important. Sometimes, there are no obvious injuries. For example, you may not be bleeding or have any significant pain. However, it has been demonstrated in thousands of cases that some injuries are latent after an accident and will not manifest until the next day or even days later. Getting immediate medical attention is important for your health and for your potential insurance claim/lawsuit. A medical report is needed, for example, as part of your proof of injury for your insurance claim against the truck driver and the trucking company. Collecting various types of evidence will help you prove your case. Many suggest that you take photos at the accident scene. To be honest, an injured victim must concentrate on obtaining medical care and treatment and, typically, does not have the wherewithal to take photos. Moreover, the police and others will likely take photos. That being said, since nearly every phone is a camera, if you or a friend can take some photos of the vehicles and the scene of the accident, then do so. What might be more important is photos of your injuries. There is more time to take such photos after the initial visit to the emergency room and preliminary medical care has been obtained. Take photos of cuts, bruises, and other visible signs of your injuries. Lately, these photos can be used as evidence for the insurance adjusters and for the judge/jury. Another useful way to gather evidence is to begin keeping a diary or journal related to your injuries, treatment, and recovery. A few notes each day are probably sufficient and can also be used as an aid to memory as your case progresses. Further, as soon as you are able, begin collecting the medical bills and other documents related to your damages. These documents will include other bills or repair estimates and will also include evidence of lost time from work and other lost income. One other key to potentially maximizing your chances of success is to refrain from talking to the insurance company representatives. You may benefit from first talking to an accident lawyer prior to any insurance company contact. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Louisiana, sexual battery is a crime defined as unwanted or unconsented sexual touching of another, or coercing the victim into touching the accused in a sexual manner. Criminal elements of sexual battery in Louisiana are the same as the criminal elements of rape, except that the sexual behavior falls short of oral, anal, or vaginal sex, which all involve some form of penetration (however minor). If you are arrested and charged with sexual battery, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
Sexual touching generally involves the touching of commonly understood erogenous zones, including the genitals, buttocks, and breasts. Generally, the touching of these erogenous zones must be related to some sexual desire. Legally, this is often called touching for the purposes of "prurient arousal." This is one reason that doctors and medical professionals commit no crime when giving medical examinations. They are touching for purpose of examination and not arousal. From an allegation of sexual battery, there are two potential criminal defenses: the alleged touching did not involve an erogenous zone, and/or it was not aimed at prurient arousal. Sexual battery is a crime of intent. Thus, if charged, the Louisiana prosecuting attorneys must prove -- beyond a reasonable doubt -- that the sexual touching was done with intent. Thus, an accidental touching of erogenous areas will not be a crime. From this, we can see another possible criminal defense: the touching was accidental and/or inadvertent. The next criminal element of Louisiana sexual battery is lack of consent. That is, to obtain a conviction, the Louisiana prosecutors must prove that the victim did not consent to the sexual touching. Thus, consensual sexual touching is a potential criminal defense to charges of sexual battery. However, consent is NOT always a defense since some victims are too young to consent to sexual activity and touching. Thus, there is the concept of statutory sexual battery -- sexual touching of a person under the age of 17. Louisiana criminal law presumes that those under the age of 17 cannot give consent to sexual behavior. Note that statutory crimes are strict liability in the sense that an accused's belief that the victim was "of age" will not be a criminal defense. Lack of consent also involves various types of circumstances where consent cannot be given for physical and/or mental reasons. These include cases where the victim is mentally or physically incapacitated, such as where the victim has taken drugs, has been drugged, has drunk too much alcohol, is unconscious, etc. These also include cases where the victim lacks sufficient intelligence -- has clinical mental retardation, for example -- to understand the nature and meaning of sexual behavior. Lack of consent also involves cases where the victim cannot physically resist because the victim is paraplegic, quadriplegic, or otherwise physically incapable of resisting. Finally, lack of consent also involves various types of circumstances where consent is "given" under threatened or actual use of force, violence, or the withholding of food/water or under other types of threats. The latter can occur, for example, in elder abuse cases in nursing home care facilities. If the victim has been intimidated, there is no consent to sexual touching or fondling. Other potential defenses include innocence. This might involve an alibi defense, a victim misidentification, etc. There may also be criminal defenses based on violation of Constitutional protections, law enforcement failures concerning legal procedures, and, maybe, failures related to evidence such as faulty lab test results. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. |
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