CALL TODAY

(504) 522-1000

(855) 88-GIBBY

Archive for the ‘legal settlements’ Category

Steer Clear of the Big Trucks

Thursday, April 5th, 2012

Steer Clear of the Big Trucks

(On behalf of Gibby Andry Law, New Orleans, LA)

So if I told you that 4,000 people were killed in one year as a result of accidents that involve trucks, would that shock you? What if I told you that in approximately 40% of those crashes, driver fatigue was to blame?

What if I told you that after 8 hours of consecutive driving, the likelihood of a crash doubles? Reports show that a driver who has been on the road for 10 hours without a break is 2.5 times more likely to cause an accident than someone who just got on the road. In the 11th hour of consecutive driving (without resting), the likelihood of causing an accident shoots up to 5 times as often.

What if I told you that after 8 hours of consecutive driving, the likelihood of a crash doubles? Reports show that a driver who has been on the road for 10 hours without a break is 2.5 times more likely to cause an accident than someone who just got on the road. In the 11th hour of consecutive driving (without resting), the likelihood of causing an accident shoots up to 5 times as often.

So, why is it that our truck drivers are allowed to drive for 11 consecutive hours? This issue has been in the news. Consumer advocate groups have voiced their opinions. Lawsuits have been filed.

Back in 2009, the Department of Transportation said it would review and reconsider the hours of service rules. In December of last year, the Federal Motor Carrier Safety Administration did make some changes, some of which went into effect in February and some which will go into effect in July 2013. For now, though, the number stands at 11. Eleven hours is still the maximum number of consecutive hours a truck driver can drive without stopping for a break. However, the subject will continue to be researched and analyzed.

So what does this mean? It means that our truck drivers, and all of us sharing the road with them, are at risk. Besides the potential for driver fatigue due to consecutive hours at work, truckers have blind spots, make wide turns, need more space and time to stop, have huge blowouts, and drift into other lanes due to wind or a lighter load. Let’s do them (and ourselves) a favor and steer clear of them when possible.

If you or your loved one has suffered serious or crippling injuries through a trucking accident, please give us a call at (888) 696-6049. The Gibby Andry Law Firm is located in New Orleans, Louisiana, and we have the experience necessary to properly evaluate cases of serious or crippling injury and/or death. Let us get to work on getting you and your family the compensation you deserve.

Wrong Way Drivers

Monday, March 5th, 2012


(On behalf of Gibby Andry Law, New Orleans, LA)

What do LaPlace, Louisiana; Bowling Green, Ohio; Seattle, Washington; and, Central Florida have in common? Sadly, within the past month alone, serious accidents have resulted as the result of wrong way drivers.

In February, we heard about the LSU student who was driving the wrong way down I-10 in LaPlace, Louisiana, killing himself, and four other people. Also, in February in the Orlando/Central Florida area, there were two unrelated crashes on the same evening involving wrong way drivers. We are just five days into this month and have already learned that in downtown Seattle, a driver suffered serious injuries after crashing as a result of driving the wrong way for at least four miles, first on I-90 and then on I-5. Luckily, the other driver escaped serious injuries. Also already this month, in Bowling Green, Ohio, 16 sorority sisters who were headed out for their Spring Break vacation in the Dominican Republic. While on their way to the airport, in a caravan of sorts, the first vehicle in the line successfully swerved to avoid a head-on collision with a 69-year old wrong way driver. However, the second vehicle in the line was not so lucky. Three of their sorority sisters were killed and two were seriously injured that morning. The wrong way driver also died in the accident.

I am not sure if lack of sleep, alcohol, texting, or simple carelessness was at fault in these accidents. Regardless, it is important to remember that our very best is required when we are behind the wheel. Our utmost attentiveness, alertness and focus may just save a life.

If you or someone you know has suffered serious injuries in an automobile accident as the result of someone else’s carelessness, give us a call at (888) 696-6049. The Gibby Andry Law Firm is located in New Orleans, Louisiana, and we have the experience necessary to properly evaluate serious cases of injury and/or death. Let us get to work on getting you and your family the compensation you deserve.

Tylenol Recalled…Again.

Monday, February 20th, 2012

Tylenol Recalled Again

A half million bottles of infants’ Tylenol have been recalled by its manufacturer due to complaints about its dosage system. Specifically, the recall applies to the one ounce bottles of grape-flavored Infants’ Tylenol Oral Suspension. The bottles were redesigned several months ago and are apparently flawed. Although there have been “no adverse effects” and “the risk of a serious adverse medical event is remote,” the product has been recalled because of an issue with the flow restrictor. Instead of limiting how much of the medicine can be drawn into the syringe, it seems the flow restrictor can be pushed into the bottle when the syringe is inserted. As long as the flow restrictor stays in place at the top of the bottle, the product can still be used by consumers.

Tylenol products have been recalled more than once recently. In August 2011, Tylenol Cold Multi-Symptom Nighttime Rapid Release Gel Caps were recalled. In June, 2011, Tylenol Extra Strength Caplets were recalled. In fact, the federal government took over three Tylenol plants last year due to its failure to comply with mandated manufacturing procedures. Tylenol provides information about its recalls on its website – see www.tylenol.com for more information.

We provide recall information because we feel it is important for all of us to stay informed. That way, we can stay safe and keep our loved ones safe and informed too. If you or a someone you know has been harmed or injured as a result of the negligence or carelessness of a big company, manufacturer or an individual, give us a call at (888) 696-6049. The Gibby Andry Law Firm is located in New Orleans, Louisiana, and we have the experience necessary to properly evaluate serious cases of injury and/or death. Let us get to work on getting you and your family the compensation you deserve.

RU THR?

Monday, January 16th, 2012

texting-driving
(On behalf of Gibby Andry Law, New Orleans, LA)

Texting is the new way we humans communicate. Some of us have been known to text while driving, flying, skiing, riding a horse, riding a bike, rollerblading, walking, talking, using the bathroom, etc., etc. However, our brains are not equipped to handle two things at once. Our reaction time is slowed. When it comes to driving while texting, the results aren’t good. One would think that being drunk or high on drugs would affect our reaction time more greatly than a few seconds of texting while driving, but such is not the case.

Just to give you an idea, the Federal Motor Carrier Safety Administration has estimated that a driver traveling at 55 miles per hour who sends or receives just one text message typically takes his eyes off of the road for the amount of time it takes to travel the length of a football field, including the end zones. A lot can happen in that distance. And, many of us rarely travel at just 55 mph anymore.

Operators of 18-wheelers, busses, ferry boats, cruise ships and trains have also been at fault for texting while “driving.” One example which comes to mind was the 2008 accident in California in which the operator of a train crashed while texting, killing 25 people, including himself, and injuring over a hundred more. There have been countless other accidents caused by commercial drivers texting while operating their vehicle. The US Department of Transportation now bans all commercial drivers from texting while driving and some states ban any and all drivers from doing so.

But, as we know, not everyone follows the rules. If you or someone you know has suffered serious injuries in an automobile accident through someone else’s carelessness, give us a call at (888) 696-6049. The Gibby Andry Law Firm is located in New Orleans, Louisiana, and we have the experience necessary to properly evaluate serious cases of injury and/or death. Let us get to work on getting you and your family the compensation you deserve.

Injured in a Car Accident?

Wednesday, January 4th, 2012

Car Accident

(On Behalf of Gibby Andry Law, New Orleans, LA)

If you or someone you know has been injured in a car accident, chances are that texting or some other distraction was involved.

There has been so much in the news lately about how dangerous it can be to take your eyes off of the road for even just a few seconds, and despite the fact that we know it can be deadly, it seems that we just cannot help ourselves.

The USA Today recently reported that distracted driving claimed the lives of 3,000 people in the year 2010 alone. Even with such statistics, texting or the use of some other device while driving is still so widespread. Yes, we know the danger but we when we hear the tone or feel the vibration notifying us that we’ve just received a message, we feel compelled to take a quick look – and some of us even feel compelled to reply. Please, resist the urge! The same is true when we think if we don’t take one more glance at the map on our GPS, we might miss our exit or the turn we need to take. Please, resist the urge! I’ll bet you will agree that each and every one of those 3,000 folks who lost their lives in 2010 (or caused someone else to lose their life in 2010) would gladly take back those few seconds in time and remain free of distraction while driving.

The National Highway Transportation Safety Administration is on board and is pushing to prevent distracted driving by either disabling or simplifying communication devices while cars are in motion. Specifically, it has proposed guidelines which would put a stop to dialing, texting, surfing, and entering information into phones, computers or navigation devices while the vehicle is not in park. Not only are they encouraging car manufacturers to deploy voice command systems in their cars, the NHTSA also plans to discuss devices which people bring into their cars. Hearings have been planned to take place across the nation.

In the meantime, we can do our part. We know what to do – and, what not to do.

If you or someone you know has suffered serious injuries in an automobile accident as a result of someone else’s carelessness, give us a call at (888) 696-6049. The Gibby Andry Law Firm is located in New Orleans, Louisiana, and we have the experience necessary to properly evaluate serious cases of injury and/or death. Let us get to work on getting you and your family the compensation you deserve.

May is Bike Safety Month

Wednesday, April 20th, 2011

Bike SafetyEach year, in May, bicycle riding and bicycle safety is promoted. Riding a bike provides good clean fun and exercise for all ages; however, safety still needs to be of the utmost importance. 

According to the National Highway Traffic Safety Administration, in 2009, 630 cyclists were killed and 51,000 were injured in traffic crashes.  Fatalities and injuries may be prevented by taking the necessary precautions. 

A Properly Fitted Helmet

A properly fitted bicycle helmet should fit snuggly.  Ensure that it cannot rock from side to side or forward and backward.  Sizing pads may be used to be sure the fit is secure.   The helmet should sit level on the head and low on the forehead.  To ensure proper placement, look up – the bottom rim should be visible and there should be no more than one or two finger widths from the eyebrow to the rim of the helmet.  The left buckle should be centered under the chin.  A “V” shape should be formed under the ears, and if the slider can be locked, do so.  Buckle the chin strap and tighten until snug with no more than two fingers fitting under the strap.  Finally, open wide!  The helmet should hug the head when the mouth is opened wide.  The fit should be comfortable but secure.

Proper Equipment

The bike should be the right size.  Our feet should be able to touch the ground when we are seated. The tires should be properly inflated, the brakes should work, the gears should shift smoothly, and the reflectors should be secure.

Follow the Rules

Be informed and let’s be sure our children are informed.   We need to know the rules of the road.  We can seek out bicycle safety and skills classes to learn how to operate and maintain our bicycles.  We can also help to further mutual respect among bicyclists, motorists and pedestrians as we share the road.

 Enjoy the ride!

Bath Salts… Dangerous?

Tuesday, December 28th, 2010

Bath Salt DangersPoison Control Centers across the United States have received a rising number of phone calls regarding dangerous products being marketed as bath salts.  We are not talking about the kind sold at our local Bath & Body Works.  We are talking about those being sold at some of our local convenience stores, gas stations, truck stops, and on the internet for about $25-$30 per ½ gram.  We are talking about those which contain a dangerous substance called, Methylenedioxypyrovalerone, or MPDV, a chemical not approved for medical use in the United States, but is sold as insect repellant or plant fertilizer.

Names like “Cloud Nine,” “Ocean Snow,” “Charge +,” “Hurricane Charlie,” “White Lightning,” “Zoom,” and “Scarface” do not conjure up images of a relaxing bath in our minds in the first place.  (more…)

What is BUI?

Sunday, December 19th, 2010

You’ve heard of a DUI, “Driving Under the Influence” (albeit more frequently called a DWI ’round these parts).  A BUI is “Boating Under the Influence” and it is a serious offense, contributing to the majority of boating fatalities.  In fact, according to the U.S. Coast Guard, statistics from 2008 indicate that 17% of all boating fatalities were a direct result of alcohol or drug use.  If the blood alcohol level of a vessel operator is found to be .08 percent or higher, marine law enforcement may terminate the voyage, impound the boat, and arrest the operator.  Penalties may include fines, imprisonment, impoundment of the boat, loss of boating privileges, even loss of driving privileges. (more…)

Refinery Dust Falls

Saturday, October 2nd, 2010

The Times Picayune recently reported about an incident in which a catalyst powder release occurred after a power outage at Chalmette Refining.  As a result, a significant amount of this oil refining by-product fell upon the people, homes and automobiles in St. Bernard Parish.

The real question is whether this material is toxic and harmful.  Can you just wipe it off and get on with your day?  Should gloves or other protection be used when handling this material?  What are the long term effects, especially for our children, elderly, and those with asthma or whose immune systems have already been compromised?  What caused this accident and what can we do to protect ourselves?

Good questions, I believe, especially as it has been reported that the Material Safety Data Sheet relating to the material in question apparently states that those handling this material should use protective gloves and safety glasses, and that any clothing or footwear contaminated with this material should be removed, decontaminated before re-use, or discarded altogether.  Perhaps, we should not take these incidents so lightly.

If you or a loved one has been affected by an accident caused by or occurring at an oil refinery in the New Orleans, Louisiana area, you will need the experience of an attorney knowledgeable in this area.  Call me.  My firm has the resources to go up against the big refineries.  We will get to the bottom of the facts surrounding your accident and will get to work on getting you the compensation you deserve.

Would you know what to do if you witnessed an accident involving an amputation?

Monday, September 20th, 2010

On an ordinary day last September, the life of one of our local postal workers changed forever.  While standing on the side of the street, getting mail out of his truck in Uptown New Orleans, the dedicated and friendly postal worker was struck by one of two vehicles involved in an accident on St. Charles Avenue and Valence Street.  The 37-year veteran lost his left leg at the scene and doctors were not successful in their attempts to save his right leg.

That day was indeed a tragic one.  Here are some points to keep in mind if you were to ever witness an accident involving an amputation:

First, call 911.  Try to calm the injured person down and reassure him or her as much as possible.  Care of the part of the body where the amputation occurred is important:

  • * Be sure the injured area is elevated, while the victim lies flat. 
  • * Cover or wrap the injured area with a clean cloth until medical treatment can be administered. Apply pressure if bleeding.   Do not cut off the blood flow if the part is partially amputated.  Pressure should be light – just enough to slow blood loss.
  • * Gently splint the injured area to prevent movement or further damage.
  • * Stay with the injured person until help arrives.

If the body part was completely amputated, recover the amputated body part, if possible.  Transport it to the hospital with the injured person.  If it cannot immediately be found, transport the injured person to the hospital and if later found, bring the amputated body part to the hospital as quickly as possible: 

  • * Gently rinse off dirt and debris with clean water, if possible, without scrubbing.
  • * Wrap the amputated body part in a dry, clean cloth, or sterile gauze.
  • * If possible, place the wrapped part in a plastic bag or waterproof container.
  • * Keeping the amputated body part cool will help it to remain viable for up to 18 hours.  If the amputated body part cannot be kept cool, it may mean that it would be viable for only 4-6 hours after the accident.  The amputated body part may be kept cool by placing the plastic bag or waterproof container on ice.  Do not cover the part with ice or put it directly into ice water.  Doing so could cause damage.

An accident in which the injured person suffers an amputation is certainly a horrific one.  If you or a loved one has suffered injuries or an amputation as the result of another person’s negligence or carelessness, give me a call.  We are experienced in handling serious personal injury cases.  Let us get to work on getting you and your family the compensation you deserve.