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, “texting” is a broad word that encompasses the use of a cellphone. 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 cellphone, you may be eligible for compensation. An experienced personal injury attorney 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 may be able to help you pursue a lawsuit. Call today to schedule a consultation.
If a plaintiff is using their cellphone, that can affect liability. Louisiana is a comparative fault state. If someone is using their cellphone and they were unable to react quickly to a possible collision or an accident, then they might be attributed some fault. Cellphone use is discoverable information in a court, so once the suit is filed, an insurance company or defendant can ask for cellphone records to see if the plaintiff was on their phone at the time of the accident.
If a defendant is proven to use a cellphone at the time of an accident, or if the defendant admitted to doing so, it certainly errs on the side of negligence. In other words, there is a presumption of negligence when the defendant who caused the accident was using their cellphone. That means they were not paying full attention to the roadway and may be at fault for the accident and resulting injuries.
Here in Louisiana, courts use comparative law. If both parties, the injured party and the at-fault driver, were on their cellphones, then the defense could 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. Part of the comparative fault could be assigned to the injured party, even though they were not necessarily the one that caused the accident.
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 is discoverable. The geolocation of someone’s cellphone as well as the mail data and/or call log of a cellphone could be obtained in a suit for damages involving a car accident in which they believe that cellphone use may be a factor in the negligence of the at-fault driver or even the injured driver or passenger.
Victims of distracted driving accidents may be eligible for compensation with the help of a Marksville texting while driving accident lawyer. A dedicated attorney could be your legal advisor and advocate at every step of the case. Call today for more information.