The scenario is all too common: a driver operating a car with one hand while holding a cell phone with the other. This type of behavior often leads to car accidents and, all too often, fatalities.
If you or a loved one has suffered injuries in a distracted driving accident, you have the right to hold the distracted driver responsible for their behavior. The Covington office of the Morris Bart law firm is here to help.
We offer a free consultation for car accident victims and can evaluate your case to help you explore your options for recovering compensation after an accident. We also work on a contingency fee basis, which means we take nothing upfront and nothing out of pocket. Our team is only paid if we are successful with your case.
Contact us today at (800) 537-8185 for a free review of your case with a Covington distracted driving accident lawyer.
Facts and Statistics About Distracted Driving
The Louisiana Department of Insurance (LDI) defines distracted driving as any behavior that takes your attention away from your driving, such as:
- Operating a navigation system
- Changing the radio
- Talking to passengers
- Eating while behind the wheel
- Looking around instead of at the road
- Letting your mind wander
- Talking on the phone
- Texting and driving
Operating a device like a cell phone is particularly dangerous because it involves three different kinds of distraction: visual, cognitive, and manual. When you use a phone, you take your eyes off the road, your hands off the wheel, and your focus off your driving. It is also against the law per Louisiana RS 32:300.5.
The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving led to the deaths of 2,841 people in 2018 alone. Perhaps even more shocking is the U.S. Centers for Disease Control and Prevention (CDC) statistic that over 1,000 people are injured and nine are killed every day in crashes that involve a distracted driver.
For a free legal consultation with a Distracted Driving Accident lawyer serving Covington, call 800-537-8185
Laws that Could Impact Your Distracted Driving Claim
There are some laws you should be aware of that could impact your distracted driving claim.
Statute of Limitations
Every state has its own statute of limitations. Under Louisiana Civil Code Article 3492, there is a one-year limit on the time you have to file your lawsuit. If you do not file within one year of the date of the accident, you are generally barred from recovering any compensation.
Louisiana Civil Code Article 2323 follows a doctrine known as comparative negligence. This means that if the plaintiff is partially responsible for the accident, their damages will be reduced by the degree to which they are at fault. Therefore, if you are 20% responsible for the accident, any compensation awarded to you will be reduced by 20%.
Claiming that the plaintiff is more responsible for the accident than they are is a common defense strategy. A Covington distracted driving accident lawyer can help protect you against tactics like these. For a free review of your case, contact the Covington office of the Morris Bart law firm at (800) 537-8185.
Damages You May Recover After a Distracted Driving Accident
Every accident is different, so there is no way that we can predict the specific damages that you may recover as a result of your accident. That said, we have worked on many distracted driving accident cases and some of the types of damages you may be able to recover include:
- Medical costs, such as ambulance rides, hospital stays, medications, doctor’s examinations, surgical procedures, and assistive devices
- Lost wages
- Future wages if you are unable to return to work or if your earning potential is diminished
- Pain and suffering
- Dismemberment or disfigurement
- Property damage
- Out-of-pocket expenses
If your loved one died because of the seriousness of their injuries, you may also be entitled to:
- Funeral and burial costs
- Medical expenses left to the family
- Pain and suffering
- Loss of consortium
- Loss of support and protection
How a Covington Distracted Driving Accident Lawyer Can Help
We understand how traumatic a car accident can be for you and your family. We are here to take the burden off you so you can focus on healing from your injuries. Here are a few ways we can help:
Provide You with Legal Guidance
We understand that the claims process and legal jargon can be complex and confusing. We are here to answer all of your questions and explain the process from start to finish.
Investigate the Accident
We can gather all of the evidence related to your case, including police reports, eyewitness statements, surveillance video, and other relevant evidence. If we need to, we can work with accident scene reconstruction experts to help us determine exactly what happened in the moments leading up to the accident and who is responsible.
Calculate the Value of Your Claim
We can collect your medical records, speak to your physicians and other medical experts, and gather any other bills related to your accident. This information will help us calculate the value of your claim, including the cost of your pain and suffering. This value will help us when we are ready to begin negotiations, as we will know what to ask for in a settlement.
Negotiate on Your Behalf
We will communicate with the insurance company or the defendant’s lawyer on your behalf, which eliminates the risk that you might say something that could be taken out of context and used against you at a later date.
Fight for Your Rights at Trial
If we cannot reach a fair settlement, we will not hesitate to take your case to court to pursue compensation at trial.
If you would like a free review of your claim or are ready to get to work right away on your distracted driving accident case, contact our Covington area office of the Morris Bart law firm at (800) 537-8185.
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