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Personal Injury Case Study 03: New Orleans’ Top Rideshare Accident Personal Injury Experts Win Client $250,000

new orleans rideshare accident case study

Each time you get in an Uber, Lyft, or taxi, you put your life in another driver’s hands. It’s only fair to expect your rideshare driver to make legal and safe choices as they deliver you safely to your destination. Yet, unfortunately, this is not always the situation. 

In 2019, Breaux Law Firm’s reputation as New Orleans’ top personal injury experts specializing in rideshare accidents brought us a gentleman injured while riding as a passenger in an Uber. We were proud to take on his case—and to successfully win our wronged client a $250,000 settlement.

Our client, a 54-year-old pharmaceutical executive from San Francisco, was at the top of his career when a car accident in New Orleans changed everything. The driver of the Uber he was riding in took an illegal left turn on Howard Street, at the intersection of Howard and Rampart. An oncoming SUV struck the side of the car, directly on the back passenger door, where our client sat. 

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The car’s airbag hit our client in the face, and the impact threw him to the opposite side of the car. Our client was left with a herniated disk in his lumbar spine; in addition, several vertebrae had shifted and severed his nerves, causing persistent drop foot. These injuries resulted in a lame foot that was unable to function properly and a debilitating limp. 

Having suffered a concussion, our client experienced persistent tinnitus, hearing loss, memory lapse, memory loss, and neck pain. His lifestyle changed drastically: unable to continue in his 90-minute daily work commute, he had to find a new job; he could no longer play his beloved hobby of tennis; and, moreover, he found any activity requiring walking to be difficult and painful.

Since this car accident was clearly the Uber driver’s fault, Breaux Law Firm created a two-part demand package on our client’s behalf. A mediation—a process in which two parties meet at a neutral location to discuss the terms of a settlement outside of the court system and without going to trial—was scheduled. 

The defendant’s opening offer in the settlement process was a measly $20,000—an offer we did not accept. Using our expertise in the field of personal injury law and our extensive knowledge of the New Orleans legal system, the case was successfully settled for $250,000.

Our client left this mediation feeling satisfied, financially compensated for his ongoing recovery, and emotionally supported by his legal team. And all because he Googled “rideshare accident specialist,” found the experienced attorneys at Breaux Law Firm, and sent us an inquiry. We could not have been happier to help this client receive the compensation he deserved and to fight for his right to a safe journey while paying for a rideshare service.

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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