LAVIS LAW FIRM
Provided as an
Louisiana Auto Accident Presumptions of Fault
If you are in a Louisiana car wreck, escape liability by proving that he intersection with a green arrow, he
you should be aware of two either: may show that he is free from
Louisiana legal presumptions of a) had his vehicle under control, negligence by proving that he
driver fault that may impact your closely observed the lead vehicle either faced illumined green arrow
ability to recover for your and followed at a safe distance, or or that he had preempted
property damage and injuries: the b) the lead vehicle negligently intersection.
following motorist and left-turning created a hazard which the
motorist presumptions following vehicle could not The auto insurer of the following
reasonably avoid. motorist or left turning motorist
1) The following motorist in a rear- may try to avoid paying for
end collision is presumed to be at 2) The left-turning motorist is property damage and injuries to
fault. presumed to be at fault the innocent driver by either
ignoring or trying to rebut these
This rule is based on the principle A left-turning motorist involved in well-established presumptions.
that the following motorist whose a collision that occurs across the Before speaking with the insurance
vehicle rear-ends the lead vehicle center line is presumed to be at company, hire a Louisiana car
either has failed in his fault for the accident. He must accident attorney to assist you with
responsibility to maintain a sharp offer evidence to show that he is these legal matters.
Lavis Law Firm lookout or has followed at a free from negligence to avoid
Charles Lavis, Jr. distance from the lead vehicle liability. The left turning motorist If you need help or have any
which is insufficient to allow him must make sure, before turning, question about your car accident,
Attorney At Law to stop safely under normal that he can make the turn without call Lavis Law Firm at 866-558-
700 Camp Street, circumstances. danger to oncoming traffic and 9151 or submit your inquiry online.
Suite 435, must yield the right of way to such Please be advised that you may be
New Orleans, LA However, the following motorist vehicle. Where the left turning facing important legal deadlines so
can rebut the presumption to motorist is turning at an don't delay.
504-558-9151 Workplace Technologies Important to Young Workers
A key finding of the second annual technology device flexibility over More than two of five college
Cisco Connected World salary in accepting a job offer. students surveyed believe
Technology Report suggests that companies should be flexible
866-558-9151 free use of technology is a crucial and empathetic to their need
Fax: 504-558-9917 influence for recent graduates and to stay connected via social
young adults entering the media and personal websites.
Email: workforce. The Cisco report 25% of respondents feel their
email@example.com surveyed over 2,800 college productivity would increase if
students and young adults they were allowed to work
Web Site: preparing to enter the workforce remotely or from home.
www.lavislaw.com in 14 different countries and was
conducted in an effort to The report reflects the changing
understand employee needs in an expectations and priorities of a
Free Consultation increasingly complicated and Dynamics of the work younger professional generation
technological business climate. environment and the ability to when it comes to workplace
Home Appointments blend personal and
The United States, Canada, Mexico, technology usage. The report
Brazil, United Kingdom, China, professional lifestyles is suggests that corporate policies
Representing You In… Russia, and Japan were among the important to young regarding flexible work hours,
Auto Accidents 14 countries represented in the professionals. remote access to business
40-45% of young adults
BP Oil Spill Claims survey. According to the survey,
surveyed said they would take
networks, access to social media
sites, and mobile technologies are
Workers’ Compensation a lower paying job with more topics corporations must navigate
One in three young adults
Injury & Death Claims under age 30 said they would technology flexibility over a to recruit and retain top talent.
Insurance Disputes consider work mobility, social higher paying but less flexible
media freedom, and position.
LAVIS LAW FIRM Page 2 of 4
New Legislation Means Forgiveness for Certain FEMA Debts
The U.S Senate recently including clerical errors. Many Gulf Coast residents only recently
approved a bill that will waive received notification of outstanding FEMA debts found the
many of the Federal notifications confusing and frustrating.
Agency (FEMA) debts owed by President Obama’s December 23rd approval of the 2011 Disaster
victims of Hurricanes Rita, Assistance Recoupment Fairness Act legislation means FEMA is
Wilma, and Katrina. FEMA authorized to waive debts the agency overpaid due to its own
provides disaster assistance to error and will also forgive debt whose collection would be "against
individuals and families equity and good conscience.'' Under the new legislation, 2005
through its Individuals and hurricane victims who received FEMA funds and earn less than
Households Program (IHP). $90,000 a year are eligible for a complete waiver of debt. Those
FEMA has disbursed more than who earn more than $90,000 a year will likely have to make at
$7 billion in IHP funds to 2005 least some repayment depending on case specifics. FEMA will not
hurricane victims. According to waive debts in cases involving fraud.
a report from the Homeland
Security Department, FEMA A spokesman for FEMA said the agency has adopted policies since
also distributed nearly $643 2005 to avoid making improper payments in future disasters.
million after Hurricanes Rita and Katrina million in improper FEMA’s error rate after Katrina was 14 percent after Katrina but
because of employee error or fraud. has been reduced to less than 1 percent for more recent disasters.
For the last six years FEMA has attempted to recollect money the Louisiana Senator Mary Landrieu supported the FEMA provision.
agency claims was improperly overpaid to hurricane victims. Landrieu applauded FEMA’s improved error rate and debt
Approximately 84,000 letters to victims of the 2005 hurricane recoupment policies but called for FEMA to stop punishing 2005
season were sent by FEMA before a judge ordered the agency to disaster victims for the agency’s previous errors.
create new guidelines for debt recoupment. The debts averaged
about $4,600 per recipient, representing less than five percent of For more information on the Disaster Assistance Recoupment
the nearly $8 billion dollars FEMA distributed to storm victims. Fairness Act visit http://www.opencongress.org/bill/112-
According to congressional testimony, at least a portion of the s792/show
overpayments were caused by the agency’s own mistakes
Need a Safer Car? Take Your Pick in 2012
If buying a safe new car is on your to do list, 2012 may be the year The IIHS began giving out Top Safety Awards in 2005 to qualifying
to do it. The Insurance Institute for Highway Safety’s list of Top vehicles across a variety of vehicle categories. In 2005, only 11
Safety Award winning vehicles recognized 115 qualifying 2012 cars met the IIHS’s qualifications for recipient of the award
model year vehicles including 69 cars, 38 SUVs, five minivans and compared to 66 honored vehicles in 2011 and 115 this year. Top
three pickup trucks. automakers and vehicles receiving recognition include both past
top performers as well as newcomers.
The Top Safety Awards Subaru upheld a reputation for
recognize vehicles that do the excellence, earning a Top Safety Pick
best job of protecting people in award for every vehicle in its 2012
front, side, rollover, and rear lineup. Toyota (which also owns Lexus
crashes based on ratings in and Scion) took home the most
Institute for Highway Safety awards this year with 15 vehicles
evaluations. The United States earning the honor. General Motors
government is responsible for came in second place with 14 awards
the five-star rating safety rating followed closely by Volkswagen/Audi,
system used by the National Honda/Acura, and Ford/Lincoln.
Highway Traffic Safety Eighteen 2012 model year vehicles
Administration while IIHS is a were new recipients of the IIHS Top
non-governmental agency that Safety Award. Honda and Acura both
conducts safety evaluations to won awards for most improved
better inform consumers of safe automakers, contributing 10 of the 18
automobiles across a variety of new models to receive the award
budgets and lifestyles. between the two automakers.
LAVIS LAW FIRM Page 3 of 4
Two of America’s best selling midsize cars, the Toyota Camry and percent compared with roofs meeting the minimum federal
Honda Accord, both received 2012 Top Safety Pick Awards after standard.
poor scores for overall safety in earlier years.
The IIHS credits automakers attention to detail and commitment
Low rollover ratings previously prevented many models from to safe vehicles for this year’s record number of Top Safety Award
qualifying but many manufacturers responded by introducing winners. For more information on the 2012 IIHS Top Safety Pick
safer models or redesigned vehicle roofs to improve rollover Awards including criteria for consideration and evaluation
ratings. The IIHS estimates that vehicles rated as good protection process, visit http://www.iihs.org/news/rss/pr121511.html.
from rollover accidents feature roofs that reduce the risk of
serious and fatal injury in single-vehicle rollovers by about 50
Some 2012 IIHS Top Safety Pick Winners
Minicars Chrysler 200 4-door Buick LaCrosse
Fiat 500 built after July Dodge Avenger Buick Regal Midsize luxury SUVs
2011 Ford Fusion Chrysler 300 Acura MDX
Ford Fiesta sedan and Honda Accord Dodge Charger Audi Q5
hatchback Hyundai Sonata Ford Taurus BMW X3
Honda Fit Kia Optima Toyota Avalon Cadillac SRX
Toyota Yaris 4-door Subaru Legacy Infiniti EX35
hatchback Subaru Outback Large luxury cars Mercedes GLK
Toyota Camry Audi A6 Mercedes M-Class
Small cars Toyota Prius BMW 5 series except 4- Saab 9-4X
Chevrolet Cruze Volkswagen Jetta sedan wheel drive and V8 Volvo XC60
Chevrolet Sonic Volkswagen Jetta Cadillac CTS sedan Volvo XC90
Chevrolet Volt SportWagen Hyundai Equus
Ford Focus Volkswagen Passat Volvo S80 Large SUVs
Honda Civic 4-door Volvo C30 Buick Enclave
Nissan Leaf Small SUVs Chevrolet Traverse
Scion tC Midsize luxury/near Honda CR-V GMC Acadia
Scion xB luxury cars Hyundai Tucson Volkswagen Touareg
Scion xD Acura TL built after Jeep Patriot with optional
Subaru Impreza except WRX September 2011 side torso airbags Minivans
Toyota Corolla Acura TSX sedan and Kia Sportage Chrysler Town & Country
Toyota Prius hatchback Subaru Forester Dodge Grand Caravan
Volkswagen Golf 4-door Audi A4 Volkswagen Tiguan Honda Odyssey
Volkswagen GTI 4-door Lincoln MKZ Toyota Sienna
Mercedes C-Class Midsize SUVs Volkswagen Routan
Midsize moderately Volkswagen CC except 4- Chevrolet Equinox
priced wheel drive Dodge Durango Large pickups
Audi A3 Volvo S60 Dodge Journey Ford F-150 crew cab models
Buick Verano Ford Edge Honda Ridgeline
Chevrolet Malibu Large family cars Toyota Venza Toyota Tu
ndra crew cab models
Meet Charles E. Lavis, Jr.
Charles Lavis is the founder and managing shareholder of Lavis
Law Firm, APLC. He was born in New Orleans in 1965 and has
practiced law there for 15 years. Charles represents workers,
consumers, homeowners and business owners against
insurance companies and corporations. He represents clients in
matters involving BP Oil Spill Claims, Job Injuries, Accidents,
Products Liability, Hurricane Insurance Claims, Personal Injury,
Wrongful Death and Survival Actions, and Insurance Bad Faith.
If you have questions, please call Charles at 1-866-558-9151.
Please Think of Us 10 Tips to Avoid Winter Fires
As Your Law Firm When the temperature goes down, the heat comes on! Keep your family warm and safe this winter with
these tips from the New Orleans Fire Department.
If you have a legal 1) Use heaters only in well-ventilated rooms.
question or problem,
please don’t hesitate 2) Keep heaters at a safe distance from curtains, clothes, and furniture.
to call or e-mail. 3) Never leave children alone with space heaters on.
LAVIS LAW FIRM 4) Inspect the cord on your space heater. If damaged or frayed, do not use the heater until the cord is
Charles Lavis, Jr.
Attorney at Law 5) Unplug heaters when they’re not in use. Do not leave home without turning the heater off.
700 Camp Street 6) To avoid carbon monoxide poisoning, never use a stove or oven to heat the home.
New Orleans, LA 70130 7) Make sure you have a working fire extinguisher in your home in case of emergency.
Phone: 8) If you use a fireplace, remember never to burn green wood, plastic artificial logs, paper or trash
504-834-4000 9) Install smoke detectors near bedrooms and on every floor and test the batteries regularly. Also
consider installing carbon monoxide (CO) detectors near bedroom areas and family rooms.
(866) 558-9151 10) Have an emergency fire plan and hold fire drills with your family members regularly.
Please Refer Us to Your Family and Friends
E-MAIL: to refer us to your family, E-mail Address Please
We want you to think of us as
firstname.lastname@example.org your law firm. If you have legal friends, and neighbors for their To help us communicate
matters that need attention, legal needs. We welcome the with you more easily, please
Visitplease let us know. If we opportunity to help.
tips/7a4JfYDQZUSsLc8E4mDcBg.cspx for more fire tips from the NOFD.
send your e-mail address to
Visit Us On The Web At cannot handle the matter, we Call us. You’re going to feel a us at email@example.com.
will refer you to a competent whole lot better about things.
www.lavislaw.com firm that can. Please feel free Thanks!
LAVIS LAW FIRM
700 Camp Street
New Orleans, LA 70130