If a driver who was texting behind the wheel caused your accident, they might have to pay you for your resultant damages. Your payout could go far beyond medical bills to cover things like loss of income and mental anguish.
An car accident attorney in Metairie office can help you. To learn more about your rights and how the team at Laborde Earles Injury Lawyers can help you, call our client intake team today at (504) 777-7777. You do not need to face the legal process alone.
Obtaining Proof of Liability in a Texting While Driving Accident
Texting while driving is a clear violation of the law in Louisiana. Specifically, Louisiana Revised Statutes (RS) §32:300.5 makes it illegal to “write, send, or read a text-based communication” while operating a vehicle. This statute also bans accessing or using social networking sites while driving.
Often, people hurt in this type of accident think they must prove that the other driver was texting to win their case. However, this may not be the case at all. Instead, you may be able to win your case just by proving the other driver broke a traffic law. This could include things like:
- Not obeying a traffic sign or signal
- Changing lanes with no signal
- Following another driver too closely (the violation frequently cited in rear-end accidents)
- Making an illegal turn
- Not yielding the right-of-way
Proof of this type of negligence could be enough to establish a victim’s right to compensation. If there is clear evidence that the other driver was texting at the time of the accident, e.g., a police citation or cellphone records, it may contribute to your case. But even without such evidence, you may still be able to win your case with proof such as:
- Video footage of the other driver’s traffic violation
- Photos depicting the scene of the accident
- Witness testimony
- Your medical records
- The police report
Laborde Earles Injury Lawyers can help you by collecting evidence of the other driver’s liability.
Comparative Fault
Accident victims should be prepared to navigate Louisiana’s comparative fault system when submitting a personal injury claim. Per Louisiana Civil Code (CC) §2323, each party’s fault gets measured in a personal injury case, and then their damages are reduced in proportion to their degree of responsibility for the accident.
Comparative fault can be both a good and a bad thing for car accident victims. On the one hand, if you had a small role in causing your accident (e.g., if your taillight was out when you got rear-ended), you could still have a chance to recover a portion of your damages.
On the other hand, you may find that the responsible party tries to exaggerate the role you had in causing the accident to reduce the amount of money they may owe you.
Either way, solid proof of your actions and the other driver’s actions is the best way forward in a comparative fault state like Louisiana. To learn more in a free case review, call our client intake team today at (504) 777-7777.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhy You Should Choose Laborde Earles Injury Lawyers to Help You with Your Case
Here is a glimpse into the types of services Laborde Earles Injury Lawyers can provide you:
We Represent You
When you hire a Metairie texting while driving accident lawyer from Laborde Earles Injury Lawyers, we will become your legal representative. This means that we can communicate with the other parties in your case on your behalf. You won’t have to answer calls from insurance agents or submit any paperwork on your own.
Throughout your case, our staff will explain your options, answer your questions, and come to you for any important decisions that need to be made. You can always reach out to us for updates or information. We want you to feel confident in our handling of your case so that you can spend your time and energy recovering.
We Will Build Your Case
Building your case means collecting evidence of both the responsible party’s liability and the value of your damages. We will then submit this evidence to the appropriate insurance companies when we file your claim. We will also file your injury lawsuit, if necessary.
We Will Fight for Compensation
The responsible party’s insurance company may agree to our demands outright, or they may try to negotiate. We will handle these negotiations and give any offer you receive directly to you for approval or rejection. In the event that you do not receive an adequate settlement offer, we can end negotiations and take your legal battle to trial.
We Work on a Contingency-Fee-Basis
Laborde Earles Injury Lawyers works under a contingency fee arrangement. This fee is a percentage of your settlement offer or court award that we agree upon at the start. If you win your case, we deduct our percentage from your payout and give you the rest. If you do not win your case, you do not owe us attorney’s fees.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLet Us Fight for the Compensation You Deserve
Laborde Earles Injury Lawyers believes that drivers who cause accidents while texting should pay for their negligence. If you were hurt by such a driver, a lawyer from our firm may be able to help you hold them financially accountable for your damages. For more information, call us today at (504) 777-7777 for a free consultation.
