If you were hurt in an accident because another driver was texting, a Hammond texting while driving accident lawyer with Laborde Earles Injury Lawyers can help you prove the other driver is responsible for your damages. You may win compensation for your medical bills, lost wages, and pain and suffering.
Common Injuries Caused by Texting While Driving in Hammond
Texting while driving and other types of distracted driving have been known to cause debilitating and life-threatening injuries. If you suffered any of the following types of injuries in an accident caused by a distracted driver, you may have the right to financial compensation:
- Internal bleeding
- Organ failure
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Herniated discs
- Muscle sprains and strains
- Compound fractures
- Bone breaks
- Facial injuries
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Disfigurement and skin scarring
- Third-degree burns
- Contusions, abrasions, and lacerations
If you suffered an injury in a pedestrian accident that is not listed above, you may still be entitled to compensation for your injuries. Contact our office today to find out what your legal options for financial recovery may be.
For a free legal consultation with a texting while driving accident lawyer serving Hammond, call (337) 777-7777
What Is the Texting While Driving Accident Claims Process?
After you contact an attorney to find out whether you have grounds for a texting while driving accident claim, you may be wondering what to expect from the claims process. Here is a general idea of how the process works when you are seeking compensation through insurance and civil claims:
- Your attorney begins by investigating the cause of the accident.
- We gather evidence needed to support your case.
- We review your damages to determine what your lawsuit is worth.
- Your attorney will prepare to file a claim with the insurance company and handle the negotiations process on your behalf.
- Your attorney will prepare your case for trial and advocate for total compensation.
Depending on the specific details of your case, you may or may not need to file insurance and civil claims. Your texting while driving accident lawyer in Hammond can give you a better idea of what to expect from the claims process on an individual basis after reviewing the circumstances of your collision.
Hammond Texting While Driving Accident Lawyer Near Me (337) 777-7777
We Can Help You File an Insurance Claim with the At-Fault Driver
Louisiana is an at-fault insurance state, meaning you may recover your damages via an automobile insurance claim against the driver who caused your crash. You can attempt to handle the insurance process on your own, but working with an attorney can help protect your rights.
Insurance companies make a profit by paying out as little in claims as possible. To that end, insurers may look for reasons to reduce or deny your claim. They may try to use your impending medical bills and other expenses to push you into accepting a lower settlement than you may deserve.
Our lawyers can:
- File your claims
- Gather, organize, and submit paperwork
- Track and adhere to deadlines
- Communicate with the insurance company
- Prove negligence
- Update you via phone calls and emails
- Negotiate for a fair settlement amount
How Louisiana Comparative Negligence Laws Could Affect Your Payout
Louisiana’s comparative negligence laws could have a dramatic impact on the outcome of your texting while driving accident claim. Although the distracted driver will share the vast majority of the fault for the accident, it is also common for the injury victim to share liability for their injuries.
This could happen in a number of ways, but more often than not, the injury victim will have failed to wear their seatbelt, have been speeding, or otherwise have contributed to the injuries they sustained. Fortunately, since Louisiana follows a comparative negligence system, sharing fault will not bar you from financial recovery.
However, you will need to be held accountable for your portion of liability. This is done by reducing the amount of your injury settlement in proportion to your amount of fault. For instance, if you are 10% liable for your injuries, your injury settlement will then be reduced by 10%.
Find out more about how much your texting while driving accident claim could be affected by Louisiana shared fault laws when you contact your attorney to discuss the circumstances of your case.
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You Can Seek Compensation via Lawsuit
When an insurance settlement is not an option, our Hammond texting while driving accident attorneys can help you with a civil lawsuit. If legal action is necessary to achieve compensation, you have one year to file a personal injury lawsuit, according to CC §3492. You have one year from the time of your loved one’s death to file a wrongful death case under CC §2315.2.
We Can Help You Fight for Economic and Non-Economic Damages
Car accidents can result in serious injuries that require expensive medical care. If another driver caused your accident because they were texting, they could be liable for your medical bills and other crash-related costs.
Head injuries, broken limbs, whiplash, back injuries, and spinal injuries may all require ongoing medical care. You may need physical therapy, follow-up procedures, cognitive rehabilitation, mobility aids, or long-term nursing services. Our attorneys can help you calculate your costs and fight for fair compensation for your past and future medical treatment.
Our attorneys can help you seek the cost of repairing or replacing your damaged vehicle and other personal property. We may also be able to help you secure your lost wages. If you can no longer work, we can help you fight for compensation for your loss of earning capacity.
If your loved one died because of a car accident injury, we can help you fight for awards on their behalf. You can pursue compensation for their medical bills, damaged property, and funeral and burial costs. You may also be able to win awards for the loss of your loved one’s future financial support and household contributions.
Severe injuries can have life-long consequences. If you suffered a permanent physical or mental disability, you may win compensation for your pain and suffering. These damages award victims for permanent injuries, mental anguish, emotional suffering, and loss of enjoyment of life.
If you are seeking compensation in the name of a deceased loved one, you can pursue damages for their pain and suffering. You may also receive compensation for your pain and suffering, loss of companionship, and loss of consortium.
Texting and Driving is Illegal in Louisiana
Texting and driving is a moving violation in the state of Louisiana, according to RS §300.5. The statute also prohibits accessing, reading, or posting to a social media site while driving.
Texting and driving and hands-free laws may not apply to:
- Law enforcement officers and other emergency personnel acting in the line of duty.
- Drivers who are reporting a crime or calling for emergency assistance.
- Drivers who are using a cell phone to prevent an injury or property damage.
- For-hire drivers using a mounted device to communicate with a dispatcher.
Proving the Other Driver Is At Fault
Drivers engaged in texting are not giving their full attention to the road. Distracted drivers are more likely to drive dangerously and make driving mistakes. Texting and driving can lead to:
- Failing to maintain lane position
- Traveling into the opposite lane
- Failing to stop at stoplights and stop signs
- Failing to yield the right of way
Our attorneys are familiar with car accident cases and know what it takes to prove liability. We will help you show that another driver’s negligent actions caused your crash. We will build your case using every available piece of evidence, which may include:
- Photographs of the scene
- Eyewitness statements
- Testimony from crash reconstruction experts
- Cell phone records
- Medical records
- Surveillance video
- Vehicle repair records
- Accident reports
Contact the Attorneys at Laborde Earles Injury Lawyers Today
We know you need to resolve your case so you can take care of your bills and household expenses. Our services cost you nothing unless we win. Our fees come from your successful verdict or settlement, so if you do not receive compensation, you owe us nothing.
A member of our team can answer your questions and discuss your best options for seeking financial awards. Call Laborde Earles Injury Lawyers for a free consultation today.