Distracted driving is one of the most preventable yet still common causes of motor vehicle accidents in the United States and right here in Louisiana. Statistics reveal that traffic accidents caused by a distracted driver result in over 3,300 fatalities and approximately 290,000 injuries. In just Louisiana, each year almost 200 people (22% of all traffic fatalities) are killed and more than 3,600 people suffer serious injuries due to a distracted driver. This makes Louisiana the second-worst state for distracted driving accidents in the United States, despite public campaigns and state laws prohibiting common distractions like cell phones while driving a vehicle. But even though it is illegal to use a cell phone while driving a vehicle, our Houma car accident lawyer knows that far too many defense lawyers and insurance carriers will still refuse to pay victims who were hurt by a distracted driver in Louisiana.
That’s why the Patrick Yancey Law Firm offers free consultations to victims and their families to help them ask tough questions and get accurate legal answers on their rights under Louisiana law. Our dedicated legal team has built a reputation for protecting the rights of those seriously injured or wrongfully killed by negligent parties throughout Louisiana, including right here in Houma and Terrebonne Parish. We will not let defense attorneys and insurance adjusters protect dangerous drivers who have harmed you and may continue to harm others. To learn more about your rights and how we can help you recover compensation, schedule your free and no-obligation case consultation with our Houma car accident lawyer today.
Distracted driving is not defined by the law and there is no specific law that prohibits distracted driving. Rather, distracted driving is broadly considered to be anything that affects a driver’s ability to operate a motor vehicle. Most people initially think of cell phones while driving, which there is a specific law in Louisiana that prohibits using a cell phone or other device while operating a vehicle. But there are many other types of conduct that may constitute distracted driving but are not specifically prohibited by a statute or regulation.
Some examples of conduct that may be considered distracted driving in a Louisiana car accident include the following:
Since distracted driving is broadly defined, there are many different types of behaviors or conduct that could be considered distracted driving. Generally, these types of conduct break down into different categories. There are three main types of distractions, which include the following:
Some forms of distracted driving involve only one type of distraction, whereas other forms may involve two or more. For example, texting while driving takes a driver’s attention away from driving (cognitive), requires a hand to text (physical), and draws a person’s eyes to the message (visual). This is why cell phone use is often considered to be the worst form of distracted driving, and often one of the most common causes of fatal or serious accidents in Louisiana and the rest of the United States.
Due to these dangers of cell phone use while driving, particularly texting while driving, virtually all states have enacted laws prohibiting cell phone use while driving. Under Louisiana law, the use of certain electronic devices for text messages, emails, and social media is prohibited while driving (Louisiana Revised Statutes 32:300.5). There are very few exceptions to this law, most being related to emergency situations.
In addition to Louisiana law, drivers of commercial vehicles like large tractor-trailers or passenger buses are also prohibited from using an electronic device while operating a motor vehicle under the Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations apply to commercial vehicle drivers throughout the United States, whether they are from Louisiana or just driving through the Pelican State.
A person who is hurt by a distracted driver in Louisiana may be entitled to compensation for his or her personal injuries, lost wages, medical bills, and conscious pain and suffering. In order to recover such compensation, a victim must establish that a defendant is liable. This is commonly done by asserting a cause of action (or claim) for negligence.
Under a negligence claim, a court evaluates whether the conduct of the defendant was reasonable under the circumstances. Like other states, Louisiana law requires all motorists to exercise reasonable care in the use or operation of their motor vehicle. This requires motorists to use reasonable judgment, comply with the traffic laws, and avoid causing preventable accidents.
Where a defendant-driver acts recklessly, carelessly, or outright dangerously, he or she may be found negligent. This includes when a defendant violates Louisiana RS section 32:300.5 or the FMCSA regulations. In order to establish negligence against a defendant, a victim must establish each of these elements:
Only where each of these elements are proven will a victim be entitled to recover compensation for a distracted driving car accident in Louisiana. That’s why it is crucial for victims and their families to hire an experienced Houma car accident lawyer such as Patrick Yancey, Esq.
Even where liability is clear, unfortunately far too many defendants will still refuse to offer fair and just compensation to victims and their families. Rather, they will make victims prove their case and try to undermine or mitigate liability and damages. This often forces victims to prove their case before a defendant’s attorney or insurance adjuster will settle a case.
That’s why our Houma car accident lawyer treats every case like it will go to trial, not taking shortcuts in case investigations, preparation, or research. Some ways that a distracted driving car accident case can be proven in Louisiana to help facilitate a settlement or prove a case at trial include using the following evidence:
Although distracted driving is preventable, there are still far too many motor vehicle accidents being caused by distracted drivers every day in Houma, Terrebonne Parish, and the rest of Louisiana. That is why Louisiana continues to rank in the top three worst states for distracted drivers over the last few years, and currently ranks second-worst. Despite this, defendants often will not pay victims and their families for their reasonable damages.
Let the Patrick Yancey Law Firm help you and your family recover the compensation that you need and that you deserve under Louisiana law. We will not let dangerous drivers get away with the damages that they cause to innocent people that they hurt in a distracted driving car accident. To learn more about how we can help you and your family in Louisiana, schedule your free case evaluation by dialing (985) 313-9791 or by submitting a message through our contact form available on our website.
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