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  • 40+ Years of Experience
  • $100,000,000+ Recovered
  • Se Habla Espanol
  • Verified Client Reviews

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Personal Injury Case Study 05: Truck Driver Unfairly Injured and Blamed for Faulty Equipment Wins $475,000.00

Just before Christmas of 2014, a truck driver working for a company that transports hazardous material was in a terrible accident in Bastrop, Louisiana.

While trying to transfer hydrochloric acid into his truck via a hose, his equipment failed. Hydrochloric acid began spraying everywhere, including beneath his protective gear and even knocking off his eye protection. Despite being rushed into a safety shower, the truck driver experienced a substantial chemical eye injury that forever diminished his vision and damaged his body.

The victim turned to Breaux Law Firm for help. We had previously represented his wife, so the couple trusted us to understand the nuances of the case and to fight for them. After a lengthy in-depth investigation into a liability, and our client undergoing numerous visits to ophthalmologists, we were able to determine the parties at fault and fight for his fair compensation. 

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Although the driver was at work at the time of the incident, this was not a worker’s comp issue; the fault fell largely on the tank wash company, due to their poor equipment. Our investigation found that personnel at the chemical company had previously noticed something wrong with the hose and had requested repair. The tank wash company had allegedly repaired the hose but had done so ineffectively, and it still ruptured.

As experienced personal injury attorneys who had dealt with cases such as this in the past, we knew that in fact many parties were liable for our client’s injuries and subsequent loss of income, from the tank wash to the owner of the hose, to the company contracted to repair the faulty hose.

If the property you own is defective and causes harm to someone else, you are held responsible. Yet these parties denied responsibility every chance they could, pointing fingers at each other instead. They even tried blaming our client for the accident, but it was not his responsibility to inspect the equipment, nor was he qualified to evaluate the equipment’s safety. Though the case lasted five long years, we finally settled at mediation and our client won $475,000.00 for his lost wages and medical costs.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892