In Louisiana, it is illegal to text and drive, and a person will receive a traffic ticket if they are caught by law enforcement doing so. Importantly, drivers should note that “texting” in this context is a broad word that encompasses the use of a cell phone, whether to check emails or type a message to someone. Law enforcement takes these violations seriously because any bit of distraction could lead to an accident on the road.
If you were hurt in a car wreck caused by another driver on their cell phone, you may be eligible for compensation. An experienced personal injury attorney from our law firm could analyze the facts of your case to determine the liability. If the other driver was negligent and caused the accident, a Marksville texting while driving accident lawyer from Laborde Earles Injury Lawyers may be able to help you pursue a lawsuit. Call today to schedule a consultation.
Clients Love How Our Firm Handles Texting While Driving Accident Cases
It is not always easy to prove that another driver was texting behind the wheel, leading to a collision. Rather than worrying about finding evidence of this while recovering from your injuries, you could seek legal support from our firm. We can handle case building, filing, and management, as well as all communications and negotiations in your claim or lawsuit.
Previous clients have left the following feedback in our Google reviews:
- “Amazing service and all-around great people. My experience was fantastic as they kept me informed every step of the way.”
- “I cannot recommend this law firm enough! They are highly efficient, professional, knowledgeable, and most importantly, personable.”
- “We’ve never had to use a lawyer before, and these guys made it easy.”
If the idea of paying attorney’s fees gives you pause, our client-friendly fee structure should help. Instead of taking a fee before we even get to work, our firm charges nothing until your case is complete and you have compensation on the way. Meanwhile, if your case does not result in a settlement or court award, you owe nothing for our services.
How Cell Phone Use Determines Liability
If a plaintiff is using their cell phone while driving, that can affect liability when a collision happens. It’s considered a major driver distraction if someone uses their cell phone because it takes their eyes and attention off the road. If they were unable to react quickly to a possible collision in front of them or an accident occurred because of such a distraction, then they might be attributed some fault.
Cell phone use is discoverable information in a court, so once the suit is filed, an insurance company or defendant can ask for cell phone records to see if the plaintiff was on their phone at the time of the accident. When representing you, our team can request the same information regarding the other driver.
Meanwhile, if a defendant admitted to using a cell phone at the time of an accident, it certainly errs on the side of negligence. In other words, there is a presumption of negligence when the defendant involved in the accident was using their cell phone. That means they were not paying full attention to the roadway and may be at fault for the accident and resulting injuries.
Louisiana is a Comparative Fault State
Here in Louisiana, courts use comparative law when issuing verdicts in personal injury cases. Comparative law takes the actions of all parties into account and assigns a percentage of fault accordingly. This means that partial comparative fault could be assigned to the injured party, even though they were not necessarily the party to cause the accident.
For example, if both parties—the injured party and the at-fault driver—were on their cell phones, then the defense could try to place more blame on the plaintiff. They may say that perhaps the injured party would have had more time to react and may have been able to avoid the accident altogether or limit the amount of damages if not for their own actions.
If the judge assigns any level of fault to you in the case, you could still recover damages. You will just receive less compensation than you would have otherwise based on your percentage of fault.
Using Cell Phone Records as Evidence
When our team gets to work on your case, one of our tasks will be to contact the at-fault party’s phone company for information on their cell phone use at the time of the accident. This evidence could be obtained in any suit for damages involving a car accident in which we believe that cell phone use may have been a factor. It can be crucial in proving the negligence of the at-fault driver.
Typically, phone records can be obtained in civil litigation through discovery, and consent is not needed. If someone is in civil litigation, they have to give up information that is requested and discoverable, including:
- The geolocation of someone’s cell phone
- The mail data and/or call log of the cell phone
We will also look for other evidence to support your case, including eyewitness accounts, traffic camera footage, and details from the accident report.
An Attorney Can Help You Prove the Negligence that Led to Your Marksville Accident
It is unlawful in most circumstances to use a mobile device while driving in Louisiana. According to Louisiana Revised Statutes (RS) §32:300.5, drivers are barred from:
- Writing, sending, or receiving text messages
- Reading, posting, or otherwise accessing social media
- Engaging in a phone call in a school zone during normal hours
To recover damages in an injury lawsuit, an Avoyelles Parish texting while driving accident lawyer from our team must prove the defendant was at fault. To do so, he or she must establish the four elements of negligence. These elements include:
- The defendant owed the plaintiff a duty of care.
- The defendant violated the duty of care.
- That violation led to the plaintiff’s injuries.
- The plaintiff suffered monetary damages due to his or her injuries.
How do You Establish the Other Driver Failed in their Duty of Care?
Establishing a duty of care can be straightforward in these cases, as drivers owe each other a duty to operate their vehicles safely. Proving that a defendant was texting while driving will likely satisfy the second element, as breaking Louisiana’s texting while driving laws breaches the duty to drive safely.
To collect compensation from the defendant, the plaintiff will also have to show he or she sustained actual damages and that those damages would not have happened but for the defendant’s negligence. Our team is prepared to build a case that fulfills these requirements on your behalf.
Contact a Marksville Texting While Driving Accident Attorney Today for Help
Victims of distracted driving accidents may be eligible for compensation from the at-fault party. With the help of a Marksville lawyer from our team, you could prove that the other driver in your collision was texting behind the wheel.
A dedicated attorney from Laborde Earles Injury Lawyers could be your legal advisor and advocate at every step of the case. Call today for more information via a complimentary case evaluation.