The Law Offices of Tim L. Fields, LLC Experienced Personal Injury & Car Accident Lawyer New Orleans LA 2020-05-20T18:40:10Z WordPress /wp-content/uploads/sites/1300135/2020/05/cropped-site-icon-32x32.jpg On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Did a streetcar-vehicle crash cause your head injury?]]> 2020-04-14T10:04:05Z 2020-01-16T06:00:00Z Let us say that you suffered a concussion when one of the iconic New Orleans streetcars collided with your small car.

The streetcar has the right of way, but that does not mean that the streetcar operator is never at fault for an accident.

Reporting accidents

Transdev, which manages the New Orleans Regional Transit Authority, must submit streetcar accident reports for every 100,000 miles traveled each year. The National Transit Database records such information, so we know that in 2016, for example, 114 collisions involved New Orleans streetcars. Transdev also calculates whether a collision was avoidable based on the type of training given to streetcar operators. If an accident was “preventable,” the operator must complete a retraining program.

About concussions

A concussion is a mild traumatic brain injury. Although it is often associated with sports, such as football, a concussion often results from a vehicle accident, even one that occurs at a low speed. For example, your side collision with a slow-moving streetcar caused a concussion because your head hit the driver’s side window. Depending on the severity of the injury, a concussion can leave you with sensory and motor function issues, memory problems and more.

Frequent happenings

Streetcar drivers must be constantly alert. In addition to cars and trucks, they must look for pedestrians and bicycle riders who may cross their path. Drivers who are tourists or otherwise new to city traffic that includes streetcars are at risk for an accident with injuries. However, sometimes, a collision is truly unavoidable due to poor weather, road construction and other “perfect storm” circumstances.

Seeking help

If you suffered a concussion in a collision, whether with a New Orleans streetcar or any other type of vehicle, your first step is to seek prompt medical attention. Your next step is to explore your legal options. A thorough investigation of the circumstances surrounding the accident will begin. If a streetcar operator was negligent, you may be entitled to receive full and fair compensation for your injury.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[3 tips for photographing a car crash]]> 2020-04-15T16:11:13Z 2019-11-15T06:00:00Z From pop-up parades to congested traffic, a variety of driving obstacles exists in and around New Orleans. Even if you drive cautiously and defensively, someone may eventually collide with your vehicle. If that happens, you must carefully document the accident scene. 

Virtually everyone nowadays has a smartphone with a camera feature. As such, you probably have a decent camera with you every time you drive your car, truck or SUV. Because the photographs you take of a collision scene may be helpful in pursuing compensation from the negligent driver who caused the crash, you should try to capture some meaningful shots. Here are three tips for doing so: 

1. Photograph all vehicles 

If your vehicle collides with another one, both cars may have damage. This damage may be minor, such as a dented bumper, or extreme, like a crumpled front. You should try to photograph all vehicles involved in the crash. Capture footage from as many different angles as possible. Also, do not forget to photograph inside your car if you have interior damage. 

2. Photograph the entire scene 

In demonstrating how a collision unfolded, photographic evidence can be tremendously valuable. Therefore, try to photograph the entire accident scene. Snap photos of traffic patterns, signage, weather conditions, the location of the sun and other relevant subjects. 

3. Photograph injuries 

Injuries may not appear immediately. Therefore, you should always seek a medical evaluation after any car crash. If you or your passengers have visible injuries, though, take some photographs of them. Furthermore, keep your camera handy to continue to document your injuries as you go through the healing and recovery processes.   

Following any car crash, your safety must be your top priority. Accordingly, you should never take pictures if doing so puts you or others in danger. If you can safely photograph the collision scene, however, you want to capture the best possible footage. After all, the pictures you take may make a big difference in receiving fair compensation for your injuries and property damage.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Who is legally responsible in 18-wheeler accidents?]]> 2020-04-15T16:11:47Z 2019-10-16T05:00:00Z Fatal accidents involving large trucks are on the rise. According to the National Highway Traffic Safety Administration, fatalities increased by 12% from 2008 to 2017 and by 9% just from 2016 to 2017.

If a truck driver crashes into you, there may be multiple parties you can hold legally responsible, depending on the accident's circumstances.

The driver

Of course, the first person to look at is the driver. Was the person drunk, drowsy or distracted? Was he or she speeding or violating another traffic law? If the driver committed an obvious offense, he or she would be the primary responsible party.

The trucking company

The company that hired the driver may also be at fault. For example, the driver may have a history of drunk driving or traffic tickets that the employer ignored. The company may not have trained the driver sufficiently on safety and accident prevention. After all, maneuvering an 18-wheeler takes different skills than operating a passenger car.

Trucking companies are also notorious for imposing challenging time constraints on drivers. The driver may have been drowsy trying to meet a tight deadline so as not to lose his or her job.

The truck owner

The driver, company or another person may own the truck. This party bears responsibility for maintaining the vehicle to ensure its safety on the road. Failure to do so can add the party to the list of those you may sue.

The mechanic

Perhaps the owner followed a regular maintenance schedule. If the mechanic who serviced the truck made a mistake, he or she may also be at fault.

The manufacturer

Did a defective part cause the crash? Then the manufacturer would be responsible.

The cargo loader

Usually, another party loads the truck. If improper cargo loading led to the accident, this party would share in the liability.

The city

Sometimes, the driver was not intentionally negligent or reckless, but another condition, such as weather or poor roads, was a contributing factor. If the city failed to keep the roads safe, as is within its scope, you may also hold it accountable.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Tips for negotiating your car’s value after a collision]]> 2020-04-15T16:12:20Z 2019-09-16T05:00:00Z Things have gotten better on Louisiana roadways. One recent report indicates the fatality rate for car accidents has declined in Louisiana in recent years. However, that does not mean people's work is over in making highways safer in the state. 

Following an auto accident, you want to make sure you get as much out of your insurance claim as possible. Unfortunately, many insurance agencies try to low-ball you. Here are several tips for negotiating a better offer for your vehicle in the event the crash totaled it.

Anticipate what the insurance company will offer you

Shortly after the crash, you should gain a sense of how much the agency will offer you. You need to remember they will not give you what you paid for the car. Instead, insurance companies offer a depreciated value. This is the value of your car minus depreciation and any damages your car sustained. You can check online to see what used vehicles for your make and model have gone for, so you have a better idea of what your offer will be. 

Acquire a professional estimate

Once you have a sense of what you can get out of your vehicle, you want to obtain a professional estimate. Your insurance agency will send an adjuster to look at the car, but it never hurts to get a second opinion. You never know if the insurance agency's estimate will be accurate, so you want a quote from an unbiased third party. Take your car to a trustworthy mechanic for a better understanding of the total value of your car. 

Get a settlement offer in writing

Many insurance companies provide you with an offer over the phone in an attempt to get you to settle right away. However, you always want to ask for this offer in writing. Remember, it is your right to do so. Getting the offer in writing eliminates any misunderstandings, and you can better bring forth a counteroffer. 

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[How do motorcycle claims differ from car claims]]> 2020-04-15T19:58:33Z 2019-09-16T05:00:00Z five 18-wheelers were in a collision, and although no fatalities came out of the wreckage, a crash of that severity easily could have been much worse under specific circumstances. Because auto accidents can vary in severity, your claims process may be significantly different from someone else's. If you were in an accident on a motorcycle, then you can expect your insurance claim to contrast from someone else's claim where two cars are at fault. Here are some of the major differences you should anticipate, so you can plan accordingly. There are different laws regarding motorcyclists The law in Louisiana is quite specific in that motorcyclists must wear a well-fitted helmet any time they are on a bike. Therefore, as part of the claims process, you need to prove your helmet was secure and did not contribute to you sustaining worse injuries than you would have received had you worn a better helmet. Additionally, the adjuster determines whether you split two lanes. Lane-splitting is illegal in Louisiana. If you attempt it, then it can affect how much money you receive from your insurance company. Some insurance companies have a bias against motorcycles Many insurance companies have a bias against motorcycle riders. They view these vehicles as more dangerous than cars, so there comes an expectation that if you ride on two wheels, then you should prepare for severe wounds. Some agencies work hard to avoid paying out as much as they should, so you need to follow every step of the claims process precisely to bolster your case. Injuries on a bike are more serious Motorcyclists are 28 times more likely to suffer a fatal crash than people involved in a car accident. There is a similarly increased likelihood when it comes to injuries. As a result, the insurance company needs to pay more to cover your medical expenses, so you definitely need to make sure you go into the claim with the proper knowledge.]]> On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Giving a recorded statement after a crash]]> 2020-04-15T16:13:25Z 2019-08-20T05:00:00Z A car crash can do more than just ruin your day. It can result in major damage to your car, your finances and your health.


Purpose of a recorded statement


The implications of a recorded statement


Tips for a successful statement


  • Keep answers brief
  • Do not guess if you do not know
  • Ask clarifying questions if you do not understand
  • Use pictures to describe the damage and scene
  • Do not lose your patience or get angry


On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[4 tips for talking to a witness following a car crash]]> 2020-04-15T16:13:58Z 2019-07-18T05:00:00Z With most trips you take, you arrive at your destination safely. Still, it only takes one accident for you to develop the sort of injuries that may cause you a lifetime of hardship. Because roughly 900 car accidents occur for every 100,000 residents in Louisiana, you may eventually find yourself in the middle of a motor vehicle collision. 

If you plan to pursue compensation from whoever caused the accident, you must begin to build a case. As you likely know, witnesses often make the difference. When you talk to a potential witness, though, you want to be sure your conversation is both productive and valuable. Here are four tips for talking to a witness following a car crash: 

1. Focus on your safety 

Car accidents are not only dangerous while they are unfolding. If you want to be sure you do not sustain further injuries, you must move yourself out of danger as quickly as possible. The same is true for talking to witnesses. Only approach potential witnesses in a safe, well-lit place. 

2. Set the scene 

Not all witnesses have the same vantage point. As such, when you talk to potential witnesses, ask about where they were when the crash happened. Further, try to discern whether the person had an opportunity to see the collision. A witness using a smartphone, reading a newspaper or otherwise not paying attention may not be useful to you. 

3. Ask for contact information 

Accident witnesses likely do not have all day to talk to you about what they may have seen. Therefore, try to ask everyone who witnessed the collision to provide you with contact information. If you obtain names and telephone numbers, you can follow up with witnesses at a more convenient time. 

4. Look for facts 

Unless you happen to have a collision in front of an accident investigator’s office, witnesses to your collision are likely to be amateurs. Therefore, do not ask a witness to speculate about events. Instead, ask for concrete facts about the collision. A witness who provides information about what he or she saw is probably more valuable than one who interjects his or her personal opinion. 

Talking to witnesses after a car accident may help your legal case. Still, you do not want to devote your time to gathering irrelevant or unimportant information. With a bit of diligence, you can likely obtain the information you need to bolster your personal injury claim.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Car accidents and PTSD]]> 2020-04-15T16:15:04Z 2019-06-20T05:00:00Z Every time you climb into a vehicle, there exists some risk of an automobile accident. After all, in 2018, roughly 46 out of every 1,000 vehicles on Louisiana’s roadways ended up in a collision. While even minor car crashes can be stressful, some accidents cause drivers or passengers to develop post-traumatic stress disorder. 

Put simply, PTSD is a mental health condition that develops in individuals who experience some type of stressful or frightening event. How do you know the difference between anxiety and PTSD, though? When it comes to PTSD and automobile accidents, you may want to ask yourself the following questions: 

1. Do you dread medical tests or procedures? 

After any car accident, you should ask a medical professional to examine you for signs of injury. If you dread medical examinations, tests or other procedures, you may have PTSD from the car crash. 

2. Does riding in a car scare you?

Driving a vehicle or riding in a car after an accident can be enough to cause some stress. Still, if your anxiety does not dissipate over time, you may need to ask a professional if you have developed a stress disorder. 

3. Do you experience flashbacks? 

For many accident victims, a car crash creates a bad memory. A collision should not, though, cause you to experience flashbacks. If you regularly relive the accident in your mind, you may have PTSD. 

4. Do you generally feel anxious? 

Your body has a variety of mechanisms for dealing with stressful situations. Eventually, however, your everyday life should return to normal. If you continue to feel generally anxious about the collision, you may need to work with a professional to determine if you have a mental health condition. 

Psychologists, therapists, counselors and others receive extensive training on diagnosing and treating PTSD and other anxiety conditions. Rather than assuming your anxiety will eventually go away on its own, you may need professional help to deal with PTSD after an automobile accident.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Frequently asked questions about uninsured driver accidents]]> 2020-04-15T19:59:36Z 2019-06-18T05:00:00Z ﻿Most people know the typical routine when they get into any kind of car accident, especially a minor one. After pulling over, you meet the other driver and exchange insurance information. Unfortunately, when one person lacks insurance, this simple routine can completely fall apart.

If the other driver in a car accident does not have coverage or drives off without pulling over, it can feel like you were left holding the bag. The situation is more common than you may think, and there are procedures to handle such a thing. Here are some questions you may have about the process.

Does it matter that the accident was not my fault?

The most recent study of uninsured driver statistics shows that in the state of Louisiana, an approximate 13% of drivers are out on the road without coverage. That is a significant number, and the chances are high that you may have a collision with one of these people.

Louisiana is an at-fault insurance state, so the other driver should be responsible for your damages if he or she caused the accident. This is harder to enforce when the person has no coverage or decides to take off. The latter is not surprising if drivers know they lack insurance and may have to pony up out of pocket.

Will my insurance cover my expenses?

Uninsured motorist coverage is one requirement of Louisiana’s minimum insurance regulations. You likely have it built into your policy without even knowing it. Luckily, your provider should offer you assistance to repair your vehicle if you find yourself in this unfortunate situation.

What if my rates go up as a result?

You may feel hesitant to file your claim because you do not want to raise your monthly premium. If the accident was not your fault, the state does not want you left with the consequences. As a result, there is a specific law that prevents your insurance company from increasing your rates under these circumstances.

Do not hesitate to seek out help when in an accident with an uninsured driver. When the situation is not your fault, you should not have to pay the price for someone else’s mistake.

On behalf of The Law Offices of Tim L. Fields, LLC <![CDATA[Preventing wet weather accidents]]> 2020-04-15T16:15:36Z 2019-05-20T05:00:00Z If you have ever driven in the rain or on slick pavements in New Orleans, then you may already be aware of how treacherous slick driving conditions can get. Wet roads and changing travel conditions contribute to weather-related accidents that cause many injuries and deaths each year. 


Plan ahead 


Know the hazards 

