Calcasieu Parish Rear-End Collision & Insurance Claims Settle

A plaintiff's vehicle was rear-ended while stopped at a red light at an intersection in Vernon Parish, Louisiana. The plaintiff claimed the collision resulted from the other driver's negligence and asserted various injuries, including cervical and lumbar pain, bulging discs, and radiculopathy. These injuries allegedly led to pain and suffering, lost wages, and medical expenses. The plaintiff then filed a lawsuit against his own automobile insurer, a general indemnity company, in the US District Court for the Western District of Louisiana. The plaintiff claimed breach of contract and failure to pay uninsured motorist benefits, asserting the insurer refused to pay claims under his policy. The defendant insurer denied these allegations in its answer. The parties subsequently reached a settlement. Following the settlement, the court entered a judgment of dismissal with prejudice.

A passenger sustained multiple injuries in a rear-end collision in East Baton Parish, Louisiana, involving a 2004 Kenworth tractor and a 2011 BMW. The tractor was owned by Oakley Trucking, Inc., and operated by its driver. The passenger alleged the collision caused headaches, cervical and thoracic spine strain, myospasms, mental anguish, loss of enjoyment of life, and economic losses, among other damages. The passenger filed a vehicular liability and breach of contract action against Oakley Trucking, Inc., its driver, and various insurance entities, including Baldwin & Lyons, Inc., True North Insurance Company, and State Farm. The plaintiff claimed the defendants were negligent in operating their vehicles, specifically for failing to maintain a proper lookout and exercise reasonable vigilance. The lawsuit, initially filed in state court, was removed to the U.S. District Court for the Middle District of Louisiana due to diversity of citizenship and the amount in controversy. The parties later reached a settlement of their claims. Following the settlement, the plaintiff filed a motion to dismiss the action with prejudice, which the court granted.

A rear-end collision took place at a traffic circle in Louisiana. The plaintiff subsequently filed a lawsuit, alleging neck and low back injuries as a result of the incident. An expert in mechanical engineering and accident reconstruction provided testimony during the proceedings. The case concluded with a judgment awarding $0 to the plaintiff, indicating the plaintiff did not establish the defendant's liability or the claimed damages.

On April 19, 2018, a collision occurred on Maplewood Avenue in Sulphur, Louisiana. The plaintiff's heavy-duty pickup, angled from a parking lot, partially obstructed a center lane. The defendant, distracted by a cellphone GPS, rear-ended the plaintiff's truck. The defendant's vehicle was significantly damaged, while the plaintiff's sustained minor damage. The plaintiff filed a negligence lawsuit, alleging extensive injuries, including multiple surgeries and future medical care, seeking $4.75 million in damages. The defendant admitted the collision but argued the plaintiff contributed to the incident by obstructing traffic. Defense experts cited a minor impact force and attributed the plaintiff's medical conditions primarily to pre-existing degenerative issues. After a five-day federal trial in Lake Charles, a jury found 70% defendant fault and 30% plaintiff fault. The plaintiff was awarded $280,000 for medical expenses and lost wages. Non-economic damages totaled $175,000 for pain and suffering, loss of enjoyment of life, and disability, with no award for mental anguish. The raw verdict of $430,000 led to a final judgment of $301,000 after fault allocation.

A 2005 Pontiac Aztec, operated by the defendant driver, rear-ended a 2018 Chevrolet Silverado on SH 349 in Midland, Texas. The plaintiff, who operated the Silverado, subsequently claimed disabling injuries, pain and suffering, mental anguish, loss of enjoyment of life, loss of function, lost wages, and incurred medical and economic losses as a result of the collision. The plaintiff then filed a breach of contract action against his insurer, Progressive Paloverde Insurance Company, in the Louisiana District Court, Fifteenth Judicial District. The lawsuit alleged that the insurer failed to pay a reasonable amount for damages and losses under the plaintiff's uninsured/underinsured motorist coverage, despite formal tender demands. The plaintiff sought judgment for damages, costs, and attorney fees. The case was later removed to the United States District Court for the Western District of Louisiana. The defendant insurer admitted and denied parts of the allegations and asserted affirmative defenses, including failure to mitigate damages, comparative fault, and acting in good faith. The parties subsequently reached a settlement agreement and filed a joint motion to dismiss the action with prejudice. The court granted the motion and dismissed the case with prejudice.