Shanklin Sosa Injury Law Shanklin Sosa Injury Law 2025-12-29T14:37:53Z https://www.smithshanklin.com/feed/atom/ WordPress /wp-content/uploads/sites/1503417/2024/09/cropped-fav-icon-32x32.png On Behalf of Shanklin Sosa, L.L.C. <![CDATA[Distracted driving is a preventable cause of fatal crashes]]> https://www.smithshanklin.com/?p=49397 2025-12-29T14:37:53Z 2025-12-29T14:37:53Z Staying safe on the road requires every driver to do their part by giving their full attention to operating their vehicle. Any driver who allows themselves to become distracted runs the risk of being involved in a fatal crash.  Some drivers falsely believe that they have enough experience to drive while they do other things, but that isn’t ever the case. Distracted driving is always something that should be avoided. Each day, an average of nine people die in this country because of distracted drivers, and many more victims suffer injuries. 

3 types of distractions

The United States Centers for Disease Control and Prevention notes that there are three distinct types of distractions that drivers face. These include manual, visual, and cognitive, which take the hands off the wheel, eyes off the road or mind off driving, in that respective order.  Some activities involve only one of those types of distractions, but many involve more than one. For example, responding to a text message requires the driver to take their eyes off the road to read the message they need to respond to, their mind off driving to decide how to respond and their hand off the wheel to type the text.

Length of distraction

Some drivers believe that short distractions aren’t a problem, but even one that lasts only a few seconds can lead to serious problems. In just five seconds at 55 miles per hour, a vehicle travels 100 yards. That’s the length of a regulation football field, and that’s plenty of distance for a catastrophic crash to occur. While you may be a very safe driver, you can’t control the actions of the drivers in vehicles around you. If you’re struck by a distracted driver, you may need emergency medical care, which can be costly. You may opt to pursue a compensation claim to help cover those financial damages. It may be beneficial to work with someone familiar with these matters so they can assist you with determining your options, so you can decide how to move forward. ]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[Why Baton Rouge has so many intersection crashes]]> https://www.smithshanklin.com/?p=49393 2025-12-17T11:48:11Z 2025-12-17T11:48:11Z Baton Rouge has grown rapidly in population and road traffic over the past several years. That growth brings a sharp increase in traffic collisions, especially at intersections. For many families, workers and daily commuters, that means a greater risk each time they get on the road. Recent data highlights just how serious the problem has become. A 2025 report from the Center for Analytics & Research in Transportation Safety (CARTS) at Louisiana State University found that East Baton Rouge Parish ranks among the highest for traffic-related fatalities and injury crashes in the state. From 2021 to mid-2024, drivers in the Baton Rouge area reported more than 24,000 auto accidents. About 5,800 of those involved injuries.

What drives so many intersection crashes

Several factors make Baton Rouge intersections especially hazardous:
  • Heavy traffic and rapid growth: More commuters, delivery vehicles and school traffic pack the road each year and increase the chances of sudden stops and collisions.
  • Intersections not built for today’s volume: Many locations have multiple turn lanes, short signals and confusing layouts that were not designed for current traffic levels.
  • Distracted, speeding and impaired driving: Phone use, aggressive driving and intoxication continue to play major roles in serious crashes across the city.
  • Rush-hour congestion and mixed travel patterns: Parents, shift workers, students and commercial drivers crowd the road during peak hours, creating unpredictable conditions.
  • Frequent merging near highways and major corridors: Drivers entering or exiting I-10, I-12 or busy surface roads often misjudge gaps or change lanes too quickly, which increases crash risk.
Together, these issues create roads where even cautious drivers must stay sharp. Baton Rouge’s growth has outpaced many of its intersections, and residents now face routes that demand quick decisions and constant attention.

What this means for Baton Rouge residents

For parents juggling school pickups, for health care workers driving to early shifts or for anyone who depends on daily travel, each trip carries real risk. Intersection crashes can cause serious injuries, medical bills, lost wages and long-term disruption for entire families. Recognizing the danger is the first step. Staying alert, avoiding distractions, following traffic laws and giving yourself extra time on the road can reduce your chances of getting involved in a crash. Still, even careful drivers get hurt when another driver acts recklessly. If you or a loved one suffers injuries in a car crash and you feel unsure about what to do next, speaking with an experienced attorney can help you understand your rights and fight for the compensation you deserve.]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[Why do you need to see a doctor after a car accident?]]> https://www.smithshanklin.com/?p=49379 2025-12-01T17:46:44Z 2025-12-01T17:46:44Z The threat of hidden injuries Many car crash injuries don't show up immediately. These hidden injuries can take days to cause noticeable symptoms. They include:
  • Whiplash: A neck injury caused by a sudden, forceful back-and-forth movement.
  • Concussion: A traumatic brain injury (TBI) can cause dizziness, headaches and confusion.
  • Soft tissue damage: Injuries to muscles, tendons or ligaments that may not swell or become painful immediately.
  • Internal bleeding or organ damage: Serious internal issues that often have delayed symptoms but require urgent care.
Only a medical professional can properly detect these underlying problems right after the collision. Do not wait for the pain to begin. Get checked out immediately.

The legal danger of delaying care

In addition to placing your physical well-being at risk, delaying treatment can seriously harm your personal injury claim in Louisiana. If you wait even a day or two before seeking care, the insurance company will use it against you. Waiting to get medical help gives insurers an easy way to argue that an intervening event, not the crash, caused your injury. A recent change in Louisiana law eliminated the prior legal presumption that the collision caused an injury if you had no previous history, making timely, affirmative medical documentation even more critical for proving your claim. It is also critical to note that Louisiana's prescriptive period (statute of limitations) for most personal injury claims from car accidents is now two years from the date of the accident, provided the accident occurred on or after July 1, 2024 (before that, it was one year). However, specific car accident-related claims, such as for wrongful death, may still be subject to a shorter, one-year prescriptive period, making immediate legal consultation vital.

Medical records are the foundation of your claim

Continuous, immediate medical documentation is the most critical evidence for proving the nature and extent of your injury. Courts and insurance companies also accept other proof, such as police reports, witness statements, and records of lost wages, to prove the full scope of your claim. A comprehensive paper trail confirms the severity and nature of your injury. Without it, you will find it extremely difficult to collect damages, because medical records:
  • Help prove the injury is directly related to the accident
  • Show the full extent of your medical bills and necessary treatment
  • Are key to proving pain and suffering and other noneconomic damages
The best way to protect your interests is to prioritize your health first and get medical documentation as soon as possible. Securing compensation for these losses often depends on this documentation and the guidance of a skilled car accident attorney.]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[What to do if your rideshare driver crashes while you are in the car]]> https://www.smithshanklin.com/?p=49378 2025-11-27T21:43:13Z 2025-11-27T21:43:13Z If a collision interrupts your Uber or Lyft ride, quick action protects your health, your wallet and any future claim. The steps below can guide you on what to do in the aftermath of a rideshare accident as a passenger. Remember that the goal is to safeguard your safety and defend your rights. 

Check safety before anything else

Your first priority is always safety. Once the vehicle stops, look around. Are you hurt? Is anyone else hurt? If you need medical help, call 911 right away. A delay can turn minor pain into lasting harm and can also weaken your claim later. If you feel steady and the scene is secure, move to a safe spot away from traffic. Never leave the scene unless emergency workers direct you to do so.

If you are safe, start gathering evidence

The minutes after a crash are stressful. You can use this checklist to stay organized and try to gather as much information as you can: 
  • Call the police even if your injuries seem minor. 
  • Exchange contact information with all drivers involved.
  • Take photos and videos. 
  • Note witnesses. 
  • Screenshot your trip page in the rideshare app.
  • Report the accident to the rideshare company.
This list ends once you have all the essentials. Remember that gathering accurate information now can speed the process later.

Understand the insurance layers

Rideshare insurance can look like a maze, but the rules break down into simple parts. Uber and Lyft carry commercial policies that begin the moment a driver accepts a trip and end when the passenger exits. If the driver causes the crash, that policy covers your injuries and lost wages. If another driver is at fault yet lacks enough insurance, the rideshare policy usually steps in with uninsured or underinsured coverage.  Still, if you have any questions, you can contact a car accident attorney. They can help you file a claim if needed and ensure that the insurance company pays the correct amount for your recovery.  A rideshare crash may feel overwhelming, but clear steps turn chaos into control. Remember that when injuries run deep or the money offered feels thin, legal guidance can close the gap. Take action today so tomorrow’s recovery is smoother.]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[What to know about truck accidents in Baton Rouge]]> https://www.smithshanklin.com/?p=49369 2025-09-29T20:02:44Z 2025-10-01T20:00:09Z Truck accidents can turn a normal day into a frightening experience. You might be left with injuries, car damage and a flood of questions about what to do next.  Understanding common causes of these crashes and the steps to take afterward can help you feel more in control.

Recognize the main causes of truck crashes

Truck accidents often occur because drivers are tired, distracted or driving too fast. Large vehicles take longer to stop and require extra care to navigate traffic. Poor maintenance and Baton Rouge road conditions can also play a role. Long hours on the road can make truck drivers sluggish and slow to react. Distractions like checking a phone or adjusting controls reduce attention on the road. Trucks that exceed speed limits can make collisions far more dangerous. Knowing these risks can help you drive safely around large vehicles.

Take smart steps immediately after a crash

After a truck accident, your safety comes first. Move to a secure location if possible and call 911 to report injuries. Take photos of the accident scene, write down details of what happened and gather names and numbers of witnesses. Even if you feel fine, get a medical checkup. Injuries from truck accidents can appear hours or days later. Keep records of all treatments and expenses, as this information may be important if a claim is necessary.

Get guidance to protect your rights

Serious accidents can be overwhelming. Legal guidance can help you understand your options, organize evidence and handle discussions with insurance companies. Our firm handles cases throughout Louisiana but focuses on clients within 25 miles of Baton Rouge. Being local allows us to respond quickly and understand the area’s legal landscape.

Move forward with confidence

Truck accidents can disrupt your life in an instant. Knowing what causes crashes, acting quickly and keeping thorough records can protect your safety and your future. If you feel unsure about your next steps, speaking with an experienced attorney can provide clarity and support.]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[How can I protect myself from road rage? ]]> https://www.smithshanklin.com/?p=49372 2025-10-01T19:47:47Z 2025-10-01T19:47:47Z These days a rude gesture can seem mild when it comes to road rage incidents. These incidents are escalating and can include extreme tailgating, cutting off another driver, and reckless driving. Unfortunately for those in Louisiana, the state was recently ranked as the worst in the country for road rage for the second year in a row. This begs the question: how can I stay safe? Thankfully, there are tips that can reduce the risk of escalating a road rage incident and increase the odds that you get home safely.

What are common examples of road rage?

Road rage can manifest in various forms, ranging from aggressive driving to physical confrontations. Excessive honking is common, as is the use of rude gestures. More dangerous examples include tailgating, blocking lanes, and speeding. These behaviors not only endanger the individuals involved but also pose risks to other road users. Recognizing these signs can help you stay alert and avoid engaging in similar actions.

How can I deescalate a road rage incident?

Road rage incidents can quickly escalate into dangerous crashes. In addition to having the highest rates of road rage in the country, Louisiana also has the highest rates of fatal crashes involving aggressive driving. Aggressive driving behaviors put lives at risk. When emotions run high, drivers may make impulsive decisions, such as sudden lane changes or abrupt stops, leading to accidents. Furthermore, confrontations can escalate into physical altercations, further endangering those involved. As such, it is wise to take steps to avoid road rage. Tips include:
  1. Stay calm: Maintain composure and avoid reacting to aggressive drivers.
  2. Do not engage: Avoid eye contact and do not respond to provocation.
  3. Keep a safe distance: Ensure ample space between your vehicle and others to prevent confrontations.
  4. Use signals: Clearly indicate your intentions to other drivers to avoid misunderstandings.
  5. Report aggressive drivers: If you encounter dangerous behavior, report it to authorities when safe to do so.
Staying calm and focused on safety is essential for protecting yourself and others on the road. Road rage is dangerous and can lead to crashes and confrontations. By understanding common examples and recognizing how these incidents can escalate, even drivers in states with high incidents of road rage like Louisiana can take proactive steps to avoid becoming victims. ]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[The Louisiana road trip checklist: 5 things to have in your car]]> https://www.smithshanklin.com/?p=49371 2025-09-30T15:52:39Z 2025-09-30T15:52:39Z Your essential road trip safety kit You do not need to be a mechanic to be prepared for a roadside issue. A simple kit can help you handle most common problems safely.
  1. A first aid kit: Go beyond basic bandages. A good kit should include antiseptic wipes, pain relievers and personal medications to handle minor injuries or headaches on the road.
  2. Jumper cables and basic tools: A dead battery can happen anywhere. A set of jumper cables and a simple toolkit can mean the difference between a quick fix and a long, expensive wait for a tow truck.
  3. Proof of insurance and registration: Keep physical copies of your insurance card and vehicle registration in your glove compartment. After a stressful accident, you do not want to rely on a phone that could be damaged or have a dead battery.
  4. A phone charger and power bank: Your phone is your lifeline after a crash to call for help and take photos. A portable power bank is essential to ensure your phone has a charge, even if your car is disabled.
  5. Water and nonperishable snacks: If your car breaks down and leaves you stranded on a rural Louisiana road in the summer heat, waiting for assistance can be dangerous. Having water and simple snacks is not just for comfort. It is a crucial safety measure for you and your family.
Having these items on hand can turn a potential crisis into a manageable inconvenience.

Travel with confidence

Preparation is the key to any safe journey. It provides the peace of mind that you have done what you can to protect yourself and your family, no matter what happens on the road. If you are ever seriously injured in an accident, focus on your recovery and consider speaking with an experienced attorney to understand your rights.]]> On Behalf of Shanklin Sosa, L.L.C. <![CDATA[Car accident claims: Understanding Louisiana’s coming changes]]> https://www.smithshanklin.com/?p=49370 2025-09-30T15:08:57Z 2025-09-30T15:04:24Z What can you recover after a crash? Louisiana law allows you to seek two primary types of compensation from the at-fault driver. This money is meant to help you recover your losses. These include:
  • Economic damages: Tangible, measurable costs, such as medical bills, lost wages and other crash-related expenses
  • Noneconomic damages: Compensation for pain and suffering, emotional distress and loss of enjoyment of life
Accident victims can seek both types of damages from the party responsible for the crash. Securing the money you need starts with understanding who was at fault.

The current fault system

Louisiana currently uses a standard called pure comparative fault to determine the amount of compensation you receive. Under this rule, you can still recover damages even if you were mostly to blame. Your fault percentage reduces your award. For example, if your total damages are $100,000 and you are 80% at fault, you can still collect $20,000. Insurance companies already try to pin more than 50% of the blame on you. Why? Because proving you are the majority at-fault party severely weakens your position in negotiations, even under the current law.

The critical 2026 change

A major legal shift takes effect on Jan. 1 when Louisiana changes from "pure" comparative fault to “modified” comparative fault. This change by the state legislature protects insurers’ bottom lines and raises the stakes of fault disputes. If a driver is more than 50% at fault for their own injuries, they will be legally barred from recovering any damages. This means the insurance company’s mission to assign you 51% of the blame will no longer just reduce your settlement leverage, but will become an absolute claim killer.

Why is a skilled lawyer essential?

This new law makes fighting the insurance company's fault assignment more critical than ever. You must forcefully counter any attempt by the insurer to assign you a higher percentage of blame. Working with an experienced car accident lawyer who understands insurance company tactics is critical, as they can:
  • Gather police reports, witness statements and other key evidence to build a clear timeline.
  • Challenge the insurance company's version of events and strive to minimize your percentage of fault.
  • Use the current legal framework to your advantage and preemptively build a case that withstands the new, modified fault rule.
Protecting your compensation rights means seeking skilled legal guidance as soon as possible. You deserve to collect the maximum possible amount for your injuries.]]> On Behalf of Shanklin Sosa Injury Law <![CDATA[Does insurance cover car seat replacement after a car accident?]]> https://www.smithshanklin.com/?p=49352 2025-08-20T07:36:18Z 2025-08-20T07:18:46Z When replacement is necessary and how Louisiana insurance responds Knowing when to replace a car seat matters. The National Highway Traffic Safety Administration (NHTSA) recommends replacing car seats after moderate or severe crashes. These situations include:
  • The vehicle could not be driven away from the crash scene.
  • Airbags were deployed during the collision.
  • The car seat shows visible damage.
  • Passengers sustained injuries.
  • The point of impact was close to the car seat.
Some manufacturers require replacement after any crash, regardless of severity. Others follow NHTSA’s criteria. Always check your car seat’s manual or contact the manufacturer directly. Louisiana does not have a law that requires insurance companies to reimburse car seat replacements. However, many insurers follow NHTSA guidelines and manufacturer instructions when evaluating claims. Collision coverage may include reimbursement, but liability-only policies usually do not.

What insurers typically require for car seat reimbursement

To qualify for reimbursement, you’ll need to provide documentation. Most insurance companies ask for:
  • A police report or claim number.
  • Photos of the car seat after the crash.
  • A receipt or proof of purchase.
  • A statement from the manufacturer, if available.
Some insurers also ask you to surrender or destroy the damaged seat. Ask your adjuster about these requirements early to avoid delays.

Your child’s safety matters and so does your recovery

If you’ve been in a car accident, replacing the seat should be one of your first steps. Keep your records organized, follow manufacturer guidelines and stay proactive throughout the process. If your insurer denies your claim or delays reimbursement, consider speaking with a lawyer to better understand your options. Your recovery and your child’s safety deserve full attention and full protection.]]> On Behalf of Shanklin Sosa Injury Law <![CDATA[What to do if you’re a passenger in a car crash]]> https://www.smithshanklin.com/?p=49348 2025-06-23T15:45:48Z 2025-06-23T15:45:48Z Car crashes can be frightening when you're just along for the ride. As a passenger, the wreck wasn't your fault, but you still need to take quick action to protect your health and legal rights. If you’re an injured passenger, it’s important that you understand how to get compensation. Here’s what you need to do. 

Put safety before everything else

Look for injuries on yourself and others if you're able to move. Contact emergency services immediately, even if the collision appears minor. Hidden injuries often surface later. Emergency responders ensure proper medical care for everyone involved.

Document what happened

When safe to do so, begin gathering evidence. Here are things you can do:
  • Photograph the accident scene, damaged vehicles, road conditions and visible injuries
  • Collect names, contact numbers and insurance details from all drivers involved
  • Ask witnesses for their information as well
Getting compensation first requires good evidence. Having all evidence necessary is a good way to ensure that you have a case. 

Get medical care immediately

Visit a healthcare provider after any collision. Even when you feel fine, serious injuries like concussions or internal bleeding may develop hours or days afterward. Medical documentation becomes crucial evidence for any future legal claim.

Handle insurance contact carefully

Insurance representatives will likely reach out with questions. Answer truthfully, but avoid providing detailed recorded statements or accepting immediate settlement offers. Insurance firms typically aim to minimize payouts. As a passenger, you might have valid claims against multiple drivers.

Consider legal representation

An experienced attorney can explain your rights, manage insurance negotiations and ensure fair treatment. You could receive compensation for the following:
  • Medical expenses
  • Lost income
  • Pain and suffering
The accident wasn't your responsibility, yet you're facing the aftermath. It would help to speak to someone experienced in handling auto accident cases. An attorney can review your situation, explain your options and help you move forward with confidence.]]>