Car accidents are difficult for everyone, but when a texting driver hurts you or your family, there’s an added layer of injustice. While you battle with injuries, destroyed property, and financial instability, you may be wondering what you can do to recover from these losses. Our team can offer you solutions.
A lawyer from our firm can establish negligence and pursue compensation for you. You’ll be able to focus on your recovery and not on paying for your lawyer. During a free consultation, we’ll tell you more about working with a texting and driving accident lawyer serving New Iberia for no upfront costs.
What Damages Can I Get in My New Iberia Texting and Driving Accident Case?
In your distracted driving case, the driver’s choice to text and drive was negligent and reckless, so you can hold them accountable for your damages. You may be able to recover such damages as:
- The cost of repairing or replacing your vehicle
- The costs of the medical services you require now and in the future
- The income you can’t bring in due to your injuries
- Any permanent loss in your income-earning potential
- Your physical suffering
- Your mental suffering
- Wrongful death damages
What Your Case May Be Worth
If you retain one of our texting-while-driving accident lawyers in New Iberia, they can give you an idea of what your case may be worth. Your lawyer will attribute monetary values to your non-financial damages, like your physical pain, and then add this amount to your financial damages, like your medical expenses. Then, your lawyer will know a value to shoot for in settlement negotiations.
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Should I Hire a Texting and Driving Accident Lawyer in New Iberia?
There are many reasons to consider hiring an accident lawyer from our firm. Your attorney will manage every aspect of your case, so you can focus on recovering from your accident and looking after your obligations.
Your lawyer will take the lead on your case, establishing negligence, negotiating a settlement with the insurers and, if necessary, litigating the at-fault party. Regardless of your situation, your lawyer will represent your best interests and fight for fair compensation. We can pressure the insurer into making a fair settlement offer, hire experts to provide testimony that supports your claims, or persuade a judge to make a fair court verdict.
Your attorney can do all of this and more while working for you on a contingency-fee basis. This means we won’t accept any fees until your lawyer recovers compensation for you. This takes the risk out of hiring representation, as you won’t pay out-of-pocket for our help.
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What Are Louisiana’s Laws Regarding Texting and Driving?
Louisiana law is strict regarding texting while driving since it can lead to so many car accidents. Texting while driving is not permitted, and no one is exempt (regardless of age or driver experience level). However, there are some situations when it’s okay to use a cell phone in a vehicle.
For instance, a driver can use their phone in the car if:
- The driver is parked
- The driver’s personal safety is at risk
- The driver needs to report criminal activity
- The driver needs to report an emergency, like a pedestrian accident
- The driver is operating an emergency vehicle and must use their phone for a work-related reason
Louisiana law also says that:
- A driver with a learner’s permit or an intermediate license is subject to a hand-held ban
- During their first year with a license, a novice driver cannot use their phone while operating a motor vehicle
- An experienced driver can use their cell phone with a hands-free device
- A driver cannot use their phone while driving in an active school zone
- A bus driver cannot use a phone while driving
- A commercial vehicle driver cannot use a phone while driving
Texting while driving can result in major distraction, which could even cause a driver to strike someone crossing the road. In this situation, you may turn to a pedestrian accident attorney in New Iberia for assistance.
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How do You Prove They Were Texting and Driving After a Car Accident?
It’s not always easy to prove the at-fault driver was texting and driving if they don’t admit to it. However, our texting and driving accident lawyer has to offer proof in order for you to qualify for compensation. We will have to prove the other driver was negligent in some way.
To prove the driver’s negligence, we must establish:
- The other driver owed you a duty of care: Duty of care is a party’s responsibility to act carefully, such as by keeping their eyes on the road.
- The party breached their duty of care: A breach of duty is an irresponsible action, such as texting while driving.
- Causation: This refers to how the other party’s breach of duty caused an incident, like a car accident.
- Damages: These are the injuries and losses you experienced as a result of the accident.
In order to establish the conditions above, your accident attorney will have to show evidence of those conditions. For example, your lawyer may have to show your medical bills in order to establish your physical damages. To show causation, your legal team may use evidence such as traffic camera footage and witness statements.
Your lawyer may also be able to collect the other driver’s cell phone records to show they were texting at the time of the collision. The records your legal team collects may prove definitively that the driver was texting while driving and is, therefore, liable for your damages.
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Contact Us for a Texting and Driving Accident Attorney Serving New Iberia
If you’d like to learn more about hiring one of our texting and driving accident lawyers serving new Iberia residents, connect with our firm. A member of the Laborde Earles Injury Lawyers team will review your case for free.
Our attorneys have more than one hundred years of combined experience and have recovered hundreds of millions of dollars for our clients. We’re very confident one of our attorneys can also help you in your texting and driving accident case. Contact Laborde Earles Injury Lawyers today for a free consultation.
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