According to the Louisiana Highway Safety Commission (LHSC), about 27,000 people in Louisiana were injured in distracted driving accidents between 2011 and 2015, which includes accidents involving cellphone use. In that same timeframe, 192 people passed away in vehicle accidents caused by a distracted driver.
If you were injured in an accident caused by a driver who was texting or distracted by their cellphone while driving, you may be entitled to have your compensable damages recovered. Laborde Earles Injury Lawyers handles personal injury cases of all kinds, including vehicle accident cases involving distracted drivers.
If your accident occurred in New Orleans or a surrounding area in Louisiana, a New Orleans texting while driving accident lawyer from our team can manage your case and keep you updated on its progress. Call (504) 777-7777 for a free case review to get the process started.
Louisiana Banned Texting While Driving to Reduce Crash Rates
According to RS Art. 32:300.5, all drivers are prohibited from using a cellphone or another wireless electronic device to text, engage with social media, or use a smartphone application while driving. This includes changing directions on GPS devices while driving.
Texting while driving was first banned in Louisiana in 2008 as a response to the growing popularity of cellphones and the introduction of smartphone technology. The LHSC cited the AAA Foundation for Traffic Safety, noting that six out of 10 teenage drivers were involved in accidents caused by distracted driving, with over half admitting that they used their cellphones while driving.
As such, additional texting while driving laws were made to target teenage drivers. RS Art 32:300.7 mandates that people aged 17 and younger are prohibited from writing, reading, and sending text messages and using social media apps while driving. Furthermore, underage drivers are prohibited from using a cellphone within their first year of driving unless there is an emergency.
For a free legal consultation with a car accident lawyer serving New Orleans, call (504) 777-7777
Your Lawyer Can Help You Retrieve Evidence for Your Texting While Driving Case
With car accident cases involving a distracted driver, one of the key things you will have to prove is that the driver was actually distracted at the time of the accident, which is why it occurred. If you suspect the other driver was using their cellphone at the time of the accident, inform your lawyer right away as they may be able to request the driver’s cellphone records. If the data reports active engagement at the time of the crash, this can be used as evidence to support your case.
Other forms of evidence that may help you prove the driver was texting at the time of the accident include:
- Witness testimony from people who saw the driver using their cellphone while driving
- Video footage that reveals the driver was distracted, such as from a traffic camera
- Timestamps on social media posts the driver posted just before the accident occurred
- The crash report if the police officer made a note about cellphone use causing the crash
If you hire a New Orleans texting while driving accident lawyer, they can help you retrieve evidence for your case and communicate on your behalf when gathering testimony. This can be useful if you are still recovering from your injuries or are unsure about how to access these resources. Your attorney can serve as your legal advocate and help you in multiple ways. If you have additional questions, feel free to consult them.
For a free case evaluation, call Laborde Earles Injury Lawyers at (504) 777-7777. A representative of our team can listen to your case details and explain what steps to take next.
New Orleans Car Accident Lawyer Near Me (504) 777-7777
You May Be Able to Receive Compensation from the Texting Driver
Your lawyer may review your case to determine what damages you experienced as a result of the texting while driving accident. You might be entitled to receive compensation for things you did not initially consider compensable.
You may be able to recover the following damages:
- Medical expenses
- Property damage, which can apply to your vehicle or bicycle
- Pain and suffering
- Diminished quality of life
- Emotional anguish
- Loss of income
- Reduced earning capacity
If you lost a loved one, you may also be entitled to receive damages related to their death, such as medical expenses you inherited from them or funeral expenses you need to cover.
File Your Texting While Driving Case as Soon as You Can
People interested in filing a lawsuit against the texting driver are limited in the amount of time they have to do so. According to CC Art. 3492, plaintiffs generally have one year from when the texting while driving accident occurred to file their personal injury lawsuit. If you fail to file your accident case on time, you may be subject to having your case dismissed by a judge.
Also, keep in mind that this statutory deadline may change if other factors are involved, such as cases involving minors or municipalities. Consult your lawyer about how much time you have left to file your lawsuit.
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Laborde Earles Injury Lawyers Wants to Review Your Case
If you were injured or lost a loved one in an accident caused by a texting driver, the team at Laborde Earles Injury Lawyers wants to hear about your case.
Call (504) 777-7777 to speak with a member of our team in a free consultation. A New Orleans texting while driving accident lawyer from our team can begin doing the work to prepare your case right after you call.