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Walking Drivers: A “Sudden” Defense to Rear-end Liability

 

 

A rear-end collision is a unique animal in the law. Plaintiff’s attorneys seek them out, and insurance companies fear them­­–sometimes for good reason.  The “rear-end” accident is unique because proof of the mere fact that one vehicle strikes the rear of another creates a strong legal presumption of fault under La. R.S. 32:81. While this presumption is formidable, it may be overcome.

car wreck

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Can a Corporation Drive Drunk?: A Look at Employer Liability for Punitive Damages

The power to punish is generally the role of the criminal courts. Civil courts concern themselves with making a plaintiff “whole.” In fact, it would be legal error for a civil court to impose recovery against a defendant as a form of punishment–with one notable exception. When “punitive damages” are allowed, a civil court may “punish” a defendant.

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