Many people enjoy being adventurous and getting a thrill. All-Terrain Vehicles are great for this as they allow you to get outside, enjoy some fresh air, and have some off-road fun all at the same time. In fact, many individuals grow up riding ATVs with their family and friends and even learn to operate them at a very young age.

However, this fun activity can instantly turn into a tragedy. Unfortunately, ATV accidents are fairly common and can result in just some cuts and scrapes or life- threatening injuries or worst of all, death.

Just yesterday, a 14-year-old girl of St. Tammany Parish lost her life due to an ATV accident. She and her friend were riding a four-wheeler when they failed to maneuver a curve and crashed into a tree. The initial cause of death was reported to be blunt force trauma. It is very unlikely that either young girl was even permitted to be driving the ATV at the time of the accident.

In Louisiana, “[i]t shall be unlawful for any person to cause or knowingly permit a minor child under the age of seventeen to drive a motor vehicle or a power cycle upon any public road or highway in this state unless such child shall have first obtained a license to drive a motor vehicle.”  La. Rev. Stat. §32:417(A).

In fact, a parent or guardian may be charged for the improper supervision of a minor ... for allowing the unlicensed minor to operate a motor vehicle on a public road which results in the serious bodily injury or death of another person. La. Rev. Stat. §14:92.2.

A recent U.S Consumer Product Safety Commission (CPSC) study revealed that there were 526,900 emergency department-treated injuries associated with off highway vehicle’s within a span of 5 years in the United States.

Of these incidents, 26% were children under the age of 15 and 23% were individuals between the ages of 16 and 24.  The most common injuries were 30% fractures and 18% contusions/abrasions. It is reported that these injuries most commonly affect the head and neck (29%), arm from shoulders to fingertips (29%), torso (22%) and leg (21%).

ATV’s weigh hundreds of pounds and can reach very high speeds making them hard to control, especially for a young person. A carefree joyride should NEVER end with death or serious injury. To avoid an ATV accident, you should: wear safety gear, be properly trained to operate the vehicle, be of the proper age, ride at a safe speed and in harmless weather conditions, and stay on off road terrain.

If you find yourself in the position where you or a loved one has been injured in an ATV accident, call us today for a free consultation! WGNO (ABC affiliate) Legal Analyst, Cliff Cardone, has helped clients throughout all of Louisiana with their personal injury needs for over 40 years. PHONE CARDONE at 504-522-3333, 225-706-3920 (Baton Rouge office), 1-888-892-2736 (toll free) or email us at ccardone@cardonelaw.com.

“GET THE POLICE REPORT!” It is a statement that we hear quite often from clients whenever there is an auto accident and there is a dispute as to who is at fault. And while a police report is important to your claim, some may be surprised to learn that a report is not the end all be all for your case.

Yes…police reports do serve as a very useful piece of evidence after a car accident. They identify parties and witnesses, provide narratives and statements of what happened, help in establishing fault, and provide basic information surrounding the incident. Sometimes, officers will even state which party they believe is responsible for the accident and if any citations were issued as a result. Essentially, these reports can be used effectively in settlement negotiations with the insurance company as they contain a significant number of facts and typically paint a clear picture of the accident.

However, accident reports written by police officers and any other investigating authorities are considered “hearsay” in Louisiana courts and are often inadmissible.

Hearsay is an out of court statement offered to prove the truth of something.

The officer is called to the scene after the accident has already occurred, so they did not witness the accident or have firsthand knowledge of it. They are not writing the report with complete accuracy; they are simply just recounting what they have been told by the parties and witnesses. Now, if the officer witnessed the crash firsthand, her statement would be admissible in court because they have that intimate knowledge.

For example, an unidentified witness tells the police officer that the driver who caused the accident ran a stop light… but that witness cannot be located to testify in court later on. Because the officer did not witness the accident himself, the statement to the officer about the at-fault driver becomes hearsay.

BUT.. just because statements contained in a police report may not stand up in trial, it is still crucial to call 911 to report the accident immediately! Take photos and videos of the accident scene before vehicles are moved, if possible. If there are witnesses to the accident, ask for their names and contact information before they leave! Do NOT discuss the accident with anyone other than the police officer and your attorney because anything you say could be used against you if your statement of the facts changes even slightly.

WGNO (ABC affiliate) Legal Analyst, Cliff Cardone, has helped clients throughout all of Louisiana with their personal injury needs for over 40 years. If you or a loved one has been injured in an accident, call us today for a free consultation! PHONE CARDONE at 504-522-3333, 225-706-3920 (Baton Rouge office), 1-888-892-2736 (toll free) or email us at ccardone@cardonelaw.com.

Spring has sprung! And, for many of us, that means getting back to enjoying the sunshine, warm temperatures, and longer hours of daylight. To take advantage of this, many people are outside on the busy streets walking, jogging, running, and cycling.

While being outdoors and exercising can be great for your physical and mental health, you must also be aware of the safety issues that come along with this choice. Far too often, I see pedestrians and cyclist ignoring the rules of the road. It only takes one quick second for this ignorance to backfire on you.

Just within the last week, there were three separate incidents of pedestrians being struck and killed by oncoming vehicles within the New Orleans metropolitan area. All three deaths were due to the victims’ failure to yield to approaching traffic.

In fact, the National Highway Traffic Safety Administration revealed that in 2022, traffic fatalities dipped while pedestrian and cyclist deaths rose. While a decrease in roadway fatalities is great, the rise of pedestrians and cyclist being injured or killed is highly concerning.

To ensure that you are being a safe runner, jogger, walker, and/or bicyclist, you should:

Cross the streets at the designated crosswalks;
Wear bright, reflective gear;
NEVER assume that drivers will see you;
Avoid getting distracted or impaired;
Keep the safest distance possible between you and the road;
Follow the rules of the road and obey signs and signals;
Walk facing traffic as a pedestrian;
Walk on sidewalks at any time they are available; and
Watch for cars entering or exiting driveways and parking lots.

Not only is it the law to walk, run and jog against traffic, but it is much safer because you are able to see traffic that may be approaching!

La. Rev. Stat. 32:216 states that:

Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.
Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk ONLY on the left side of the highway or its shoulder, facing traffic which may approach from the opposite direction.
It shall be unlawful for any pedestrian to cross an interstate highway, except in the case of an emergency.

Most of the same safety tips apply to both pedestrians and bikers, but there is one major difference to keep in mind depending if you are on foot or on you bicycle. Cyclist should ride with the flow of traffic, NOT against it. Bikers should also ride at a safe speed that allows you to react quickly to any unexpected circumstances. And, always remember to yield to pedestrians and other vehicles.

The reality is that steel is much more powerful than bones. The vehicle that hits you will probably leave without a single scratch, but you may leave with broken bones and life-threatening injuries.

So, get up, get out and get moving! BUT do so wisely.

WGNO (ABC affiliate) Legal Analyst, Cliff Cardone, has helped clients throughout all of Louisiana with their personal injury needs for over 40 years. If you or a loved one has been injured in an accident as a pedestrian or cyclist, call us today for a free consultation! PHONE CARDONE at 504-522-3333, 225-706-3920 (Baton Rouge office), 1-888-892-2736 (toll free) or email us at ccardone@cardonelaw.com.