Cellphones are a prominent source of distraction in our society, for both good and ill. While they have a variety of useful functions and positive effects, there is a very real danger that mobile phones present when it comes to people texting while driving. If you were injured because of a person distracted by their phone, a qualified Lafayette texting while driving lawyer could help you hold the responsible party accountable and pursue appropriate compensation.
When drivers attempt to multitask behind the wheel, they represent a danger to the safety of everyone else on or near the road, including bicyclists and pedestrians. An accident caused by a distracted driver can cause spinal cord damage, brain injuries, and even death. You should not have to suffer because another person was distracted on the road—and you might not have to if you have a skilled car accident attorney by your side.
It is illegal to text and drive in the state of Louisiana. Under state law, drivers are banned from reading, writing, or sending text messages or other written communications while driving. Furthermore, new drivers who have a learner’s permit or intermediate license and all drivers under the age of 17 are prohibited from using a cellphone for any reason while operating a motor vehicle.
Drivers who violate this law can face up to a $500 fine for a first offense, and up to $1000 in fines as well as a license suspension for a subsequent offense. However, these distracted driving laws do not apply when a person is reporting an emergency or criminal activity, GPS, and emergency service personnel may text if done so in an official capacity. A knowledgeable Lafayette texting while driving lawyer could help examine the incident and work to determine a person’s best course of legal action.
After an accident caused by a distracted driver, a Lafayette texting while driving attorney could help a potential plaintiff identify their best options. However, under Louisiana’s prescriptive period, plaintiffs have only one year after the date of their accident to file a lawsuit, or they may be time-barred from filing suit for damages.
Louisiana is also a comparative fault state, which means that the outcome of a case may be altered if there is any fault to place on the plaintiff. For instance, if a plaintiff was hit by a driver who was texting, but they themselves were speeding or distracted in some way as well, a percentage of the total fault for the accident might be placed on the plaintiff.
As a result, their final damage award might be reduced accordingly—for example, a 20 percent reduction in recoverable damages for a 20 percent denomination of fault. A texting while driving lawyer in Lafayette could help individual plaintiffs determine whether their damage award may be impacted by these comparative negligence rules.
Unfortunately, the law does not always deter people from making bad decisions. However, a seasoned Lafayette texting while driving lawyer could work with you to effectively pursue compensation for whatever losses you may have incurred due to a distracted driver’s negligence.
Each case is evaluated and handled based on the unique circumstances and needs of the individual plaintiff(s) involved. If you want to know more about how an experienced attorney could fight for your rights, get in touch today to schedule a consultation and discuss your case.