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                                      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.
       70130
   504-558-9151                 Workplace Technologies Important to Young Workers
   504-834-4000
                          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
      Toll-Free:
                          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
 clavis@lavislaw.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.
                                    Emergency Management
                                    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
                              repaired.
   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.
       Suite 435
 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) 558-9151
      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.
        Toll Free:
     (866) 558-9151           10) Have an emergency fire plan and hold fire drills with your family members regularly.

          FAX:
     (504) 558-9917
                              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
  clavis@lavislaw.com          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
                                http://www.fox8live.com/content/links/story/Watch-that-space-heater-NOFD-offers-winter-
                          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 clavis@lavislaw.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
Suite 435
New Orleans, LA 70130

				
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posted:5/14/2012
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