Texting while driving is irresponsible and dangerous. Unfortunately, this does not stop many people from texting while behind the wheel. If you were injured or a loved one died in an accident caused by a distracted driver, you could seek to hold the driver accountable and recover compensation through a personal injury claim or lawsuit.
You can work with an attorney from Laborde Earles Injury Lawyers who serves the Houma area. They can help you develop a robust case involving texting while driving in your accident and seek compensation for medical bills, lost income, property damage, and more. You can learn more about your legal options during a free case evaluation with us.
Texting While Driving Laws In Louisiana
Using a cell phone or other portable electronic device while driving is one of the most dangerous forms of distracted driving there is. Texting while driving is especially dangerous because it:
- Takes the driver’s eyes off the road
- Takes the driver’s hands off the steering wheel; and
- Takes the driver’s attention away from driving
Because it is so dangerous, Louisiana has instituted laws prohibiting texting while driving. Per RS §32:300.5, it is unlawful to:
- Read, write, or send text messages while driving
- Use social media while driving
- Dial a phone by hand while driving
- Talk on the phone while in a school zone
Handheld use of a wireless telecommunications device behind the wheel is prohibited unless the driver is calling the police, using a GPS device, or calling for emergency help. If you or a loved one was hurt in an accident caused by someone texting while driving, you may be able to bring a civil case for damages against the negligent driver.
How a Lawyer Can Help You Make a Stronger Case
Getting the compensation you deserve after a texting while driving accident is often an uphill battle. Insurance companies are often quick to offer a low settlement that does not fully compensate the injured person for their damages.
A Houma texting while driving accident lawyer from Laborde Earles Injury Lawyers can help you pursue compensation that adequately covers your economic and non-economic damages. Our team knows what you are up against. We are committed to providing legal advice and representation that you can depend on.
Laborde Earles Injury Lawyers can help you by:
- Explaining your options and legal rights
- Answering your questions
- Gathering evidence of the at-fault person’s negligence
- Identifying all recoverable damages
- Negotiating with insurance companies on your behalf
- Handling communications and paperwork for you
- Representing your best interests throughout your case
Damages You May Be Able to Recover In a Texting And Driving Accident Case
Texting while driving and other forms of distracted driving can cause terrible accidents that result in serious injuries, expensive property damage, and even death.
If you were hurt in an accident caused by a distracted driver, you may be able to recover financial compensation for your damages per CC §2315.
Economic damages are the financial losses an injured person suffers because of an accident caused by another party’s negligent or unlawful actions. If you were hurt in an accident caused by a distracted driver, you may be entitled to compensation for financial losses, including:
- Ambulance transport, hospital treatment, doctor’s visits, medication, and other medical expenses
- Ongoing medical care you need because of your injuries, such as physical therapy, occupational therapy, or psychological counseling
- Lost wages from missed work
- Future lost wages from missed work
- The diminishment of your earning capacity caused by a disabling injury
- Vehicle repair or replacement and other property damage
Non-economic damages are the losses you suffered due to your accident that are not represented by a bill or receipt. You could recover financial compensation for:
- Pain and suffering
- Scarring and other disfigurements
- Lost enjoyment of life
- Mental anguish
- Emotional distress
- Physical impairment
Wrongful Death Damages
If your loved one was killed in an accident caused by distracted driving, Laborde Earles Injury Lawyers understands that taking legal action against the distracted driver cannot bring back your loved one. It may, however, help you hold the distracted driver responsible for your loved one’s death and allow for the recovery of damages.
You could recover compensation for:
- Funeral and burial costs
- Medical expenses
- Loss of your loved one’s income and benefits
- Loss of your loved one’s companionship
- Loss of your loved one’s services
- Loss of consortium
- Pain and suffering your loved one experienced
- Property damage
You Must File Your Claim Before the Statute of Limitations Expires
The statute of limitations is the period when legal action can take place. In Louisiana, there is a one-year statute of limitations for personal injury cases, including car accident injury cases, per CC §3492.
According to CC §2315.2, there is also a one-year statute of limitations for wrongful death actions. If you do not file your action within this period, you may be unable to recover damages. It is important to speak to an attorney as soon as possible.
Reach Out to Our Attorneys Today For a Free Case Review
If you or a loved one was hurt in a texting while driving accident, you may be entitled to financial compensation for your lost income due to missed work, medical expenses, property damage, pain and suffering, and more. However, bringing a successful claim or lawsuit can be challenging. The at-fault party may deny their culpability, and the insurance company may try to get you to settle for less than you deserve.
A lawyer can advocate on your behalf or for your loved one and hold the at-fault driver responsible through a personal injury case. Laborde Earles Injury Lawyers takes texting while driving cases on a contingency-fee-basis, so call us at (337) 777-7777 today for a free consultation.