Texting while driving is an extremely dangerous form of distracted driving. This can quickly result in a serious accident. You could be eligible to receive compensation for your losses if you were hurt by a texting driver in the Baton Rouge area.
A Baton Rouge injury lawyer from the Morris Bart law firm may be able to pursue compensation on your behalf while you focus on recovering from your injuries. We represent clients in both settlement negotiations and on trial in personal injury lawsuits.
To discuss your case in a free consultation with a member of the Morris Bart law firm team, call us at (225) 341-5694 today.
The Laws in Louisiana for Texting and Driving
The state of Louisiana has made it illegal for people to text and drive, according to the RS 32:300.5 Texting and driving is a primary offense in Louisiana, which means a police officer may pull over a driver and issue a ticket for this reason alone.
If you were struck by a driver who was texting while operating a vehicle, we strongly recommend contacting law enforcement. You will want to inform the police officer who arrives at the scene of the accident of what you witnessed and have a police report made. The officer may ticket the driver for using their phone or otherwise document that the driver was using a phone in their official report, which may be powerful evidence in your personal injury case.
For a free legal consultation with a Texting Behind the Wheel Accident lawyer serving Baton Rouge, call 800-537-8185
The Dangers of Texting and Driving
You feel the laws on texting while driving are a little too strict in Louisiana. Generally, these laws were developed as studies demonstrated that texting while driving was a very distracting action. The Centers for Disease Control and Prevention (CDC) categorize distracted driving into visual, cognitive, and manual distractions. Because texting and driving takes your eyes and mind off of the road and your hands off of the wheel, it combines all three distractions types.
Even a quick glance away from the road can cause an accident. According to the National Highway Traffic Safety Administration (NHTSA), if you are operating your vehicle at 55 mph, then looking away from the road for 5 seconds, you will have covered the length of a football field. This perspective helps highlight exactly how dangerous texting while driving is, not just for the driver, but for anyone else on the road.
The distraction caused by texting while driving can lead to serious accidents. While distracted, drivers may:
- Rear-end other vehicles
- Cause a head-on collision by crossing the center line
- Drive off the side of the road
- Slow down a dangerous amount
If you believe that a distracted driver caused your accident, call the Morris Bart law firm at (225) 341-5694 for a free consultation on your case.
Proving Driver Liability and Pursuing Compensation
In order to get compensation for your losses, you may have to prove that the other driver took a direct action that led to your accident. This is often very straightforward in the case that the driver who struck you was distracted.
Fortunately, you may not have to prove that the responsible driver was texting behind the wheel for them to be liable. If they committed any negligent action—such as a violation of traffic law—they may be deemed liable in court.
When you work with a Baton Rouge auto accident lawyer from the Morris Bart law firm, we can investigate your case to determine if the other driver performed an action that led to your accident. We can review the police report and witness statements to build your claim. If necessary, we may also work with accident reconstruction specialists and medical experts.
Once we have assembled the evidence in your case, we can negotiate with the responsible party’s insurance agents on your behalf. If they are not willing to make you a fair settlement offer, we are prepared to take your case to trial.
The Morris Bart law firm can also handle all communications, deadlines, and paperwork in your case when we represent you.
Compensation for Texting Behind the Wheel Collisions
The compensation you may be able to recover in a texting behind the wheel accident depends on the circumstances of your accident and your injuries. In general, the following damages may be recoverable in a personal injury lawsuit:
- Ambulance fees and emergency medical treatment
- Current and future costs of all medical care
- Lost wages at work
- Property damage
- Pain, suffering, and mental anguish
- And more
Steps to Take After a Texting and Driving Accident
If you were struck by a distracted driver, there are a number of steps you may want to take right away. If you do not need to leave the scene of the accident for emergency medical treatment, and if it is safe to do so, it may be a good idea for you to:
- Take pictures of your injuries and the damage to your vehicle
- Get contact information from the driver and any witnesses
- Contact a law enforcement officer
Once you leave the scene of the accident, you may need to seek immediate medical treatment. A texting while driving accident could leave you dealing with broken bones, lacerations, internal injuries, and other medical conditions that require immediate treatment. Make sure you get treatment for your injuries to protect your health and to demonstrate that your injuries were caused by the accident. Even if you feel fine at the moment, an injury made surface later or the adrenaline may fade revealing pain.
Get Help from a Baton Rouge Texting Behind the Wheel Lawyer on Your Case
Take charge if you were hit by a driver who was texting while operating a vehicle. A Baton Rouge texting behind the wheel lawyer from the Morris Bart law firm may be able to handle all aspects of your case while you concentrate on your recovery.
Do not delay if you are considering legal action, as CC 3492 imposes a general one-year statute of limitations, or legal time limit, on the ability of victims to file a personal injury lawsuit in Louisiana. After this time period expires, you may forfeit your right to seek compensation for your damages.
For a free consultation on your case with a member of the Morris Bart law firm team, call (225) 341-5694 today.
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