Distracted driving is an everyday occurrence and a leading cause of serious auto accidents. In one recent year, more than 9,700 people suffered severe injuries and over 370 died in distracted driving accidents, according to the Louisiana Highway Safety Commission. Mobile phone use caused at least 426 of these injuries and nine deaths.
If a distracted driver in Louisiana injured you, a Lafayette distracted driving accident lawyer can help you file a personal injury claim and fight to recover compensation for your losses. Attorney Omar Thibeaux is an experienced Lafayette car accident lawyer with years of experience representing clients in distracted driving injury cases.
The Thibeaux Firm places a premium on care and compassion throughout the legal process. We understand that the aftermath of a car wreck can leave you in pain and result in significant financial hardships. When you meet with us for your free consultation, you’ll find a law firm eager to help in any way we can. As far as we’re concerned, you suffered the pain, and now you deserve the gain. Contact us today for a free case review.
What Is Distracted Driving?
Distracted driving is any activity that:
- Takes the driver’s attention away from driving
- Takes the driver’s hands off the wheel
- Takes the driver’s eyes off the road
Although texting while driving and using cell phones are two of the most common forms of distracted driving, many other things cause driver inattention. Other common causes of distracted driving include:
- Eating and drinking
- Checking a GPS app
- Talking to passengers
- Listening to music or a podcast
- Reaching for items in the cabin
- Putting on makeup or brushing hair
People engage in many of these activities behind the wheel. It only takes a moment of inattention to cause a dangerous or even deadly accident.
Louisiana Law on Wireless Communication Device While Driving
Louisiana law prohibits drivers from reading or sending texts, emails, or social media posts while driving. Penalties for violating this law include:
- A $500 fine for the first offense
- A $1,000 fine for the second offense
- Double fines for getting in an accident while texting or using social media
If a driver was using a mobile phone at the time of a crash, the officer at the scene would note this fact in the police report. If you suffered injuries in the distracted driving crash, you can also hold the at-fault party civilly accountable by filing a personal injury claim against them.
What Compensation Can I Recover in a Lafayette Distracted Driving Accident Case?
Compensation in a distracted driving accident case can cover many accident-related expenses in Louisiana. Compensation in successful car accident claims can include money for:
- Past, current, and future medical bills, including emergency treatment, physical therapy, occupational therapy, or other ongoing nursing care
- Lost wages, commissions, bonuses, overtime, and raises if you could not work during your recovery
- Diminished earning capacity, if your injuries caused a disability that affects your career path
- Pain and suffering
- Loss of consortium, or the loss of intimacy with your that can occur after a severe injury
- Lost enjoyment of life
- Punitive damages, which a court may award if the driver’s actions were unusually reckless and reprehensible
After reviewing the circumstances, a Lafayette distracted driving lawyer can place an appropriate value on your car accident case. Then, your personal injury attorney can file the claim with the insurance company and demand fair compensation through a settlement or jury verdict.
How to Prove Distracted Driving Caused Your Car Accident
How can your lawyer prove that distracted driving caused the car crash? The success of your claim comes down to the strength of the evidence. Key pieces of evidence in a distracted driving claim might include:
- The police accident report
- The driver’s admission of responsibility
- Citations issued at the accident scene
- Witness statements
- Cell phone records
- Physical evidence from the scene, such as mobile phones, makeup, spilled food or drink, or open laptops/tablets
- Traffic camera or surveillance camera footage
- Social media accounts
Even if the negligent driver admits to the crash, insurers always look for ways to avoid paying car accident victims the money they deserve. Usually, this means arguing that the victim contributed to the accident in some way. A Lafayette car accident attorney can present evidence countering any disputes and protect your right to maximum compensation during the insurance claims process.
Contact an Experienced Car Accident Lawyer for a Free Consultation
If you were injured because another driver was texting, looking at social media, or distracted by passengers while driving, you shouldn’t have to face the consequences of their bad decisions alone.
Filing a personal injury claim is an effective way to hold the other driver accountable and pursue compensation for your losses. But all too often, the insurance company’s first settlement offer is far lower than the amount you need. If the at-fault party’s insurer refuses to offer you fair compensation after a motor vehicle accident, a Lafayette distracted driving accident attorney can help.
The Thibeaux Firm is a respected personal injury law firm based in Lafayette, LA. Attorney Thibeaux is known as “The 25% Attorney” because he charges a flat 25% fee when he recovers compensation in a personal injury case. If you don’t win, you don’t pay. Contact The Thibeaux Firm for your free case review today.