According to data from the Louisiana Highway Safety Commission (LHSC), distracted driving resulted in 192 fatalities between 2011 and 2015. These accidents also caused nearly 27,000 injuries during that period. If you or a loved one suffered injuries in a distracted driving accident, you may be eligible for compensation.
If you feel uncertain about proceeding with a car accident case, a Shreveport distracted driving accident lawyer can be there to represent you while you focus on your recovery. At the Morris Bart law office, our personal injury lawyers believe in fighting for compensation for our clients.
Recoverable Damages in Distracted Driving Accidents
If there is evidence that the other driver in your distracted driving accident is responsible, the State of Louisiana allows you to recover economic and non-economic damages related to your accident. Examples of these damages can include:
- Medical expenses
- Property damage
- Loss of income
- Accommodations for disabilities and long-term care facilities
- Mental suffering, including physical pain, loss of consortium with loved ones, and loss of passions
In extreme cases of misconduct, you may be eligible for exemplary damages. The court only awards these damages if you can prove that the offender meets their specific criteria, such as driving under the influence. To learn more, a distracted driving attorney can help you better understand the process for seeking damages in Louisiana.
Determining the Value of Your Case
If you retain a Shreveport distracted driving accident lawyer at the Morris Bart law firm, we will catalog your damages and estimate your case value. While calculating economic damages often involves gathering receipts and bills related to your expenses, your mental anguish may be harder to quantify.
To assign a value to your psychological damages, our attorneys may decide to use the multiplier method. This method involves examining your non-economic losses and assigning a number to them between 1.5 and five. From there, we multiply this number by your amount of economic losses so the court gets a better understanding of your suffering.
Other methods we may use to assign a value to your case include:
- Documenting medical files, proof of expenses, and estimates regarding your lost wages.
- Calling upon industry professionals to examine your case and testify about your pain and suffering. These individuals may include economists, doctors, and other third-party experts.
- Gathering impact statements from you and your loved ones detailing the effects this accident had on your life.
For a free legal consultation with a Distracted Driving Accident lawyer serving Shreveport, call (318) 553-5470
Our Shreveport Distracted Driving Accident Lawyers Can File Your Claim or Lawsuit
Our legal team does not apply a one-size-fits-all approach to personal injury cases. We tailor our legal strategy to suit each client’s unique needs. When we take on your case, we can get to work filing your insurance claim or lawsuit.
We may begin by negotiating with the liable party’s insurer, but if they do not offer a fair settlement, we will take legal action. In some cases, we may even begin by filing a lawsuit immediately. It all depends on the particular circumstances in your case.
Either way, we will handle all the necessary paperwork and work to streamline your case as much as possible.
The Three Types of Driver Distraction
As detailed by the LHSC, there are three categories of distracted driving:
- Visual: Allowing your eyes to wander from the road
- Manual: Taking our hands off the wheel
- Cognitive: Not paying attention to the roadway
Many actions can fall into one of these three categories. Some may even fall into more than one group. Examples of common distracted driving behaviors can include, but may not be limited to:
- Focusing on accidents on the side of the road
- Arguing with passengers
- Texting and driving or failing to use hands-free devices
- Eating behind the wheel
- Adjusting the radio or another entertainment device
- Letting your mind wander
- Smoking while driving
Texting and driving has grown into one of the top causes of distracted driving across the United States. In response, Louisiana and many other states have enacted laws against the use of cell phones behind the wheel. As such, Louisiana’s cell phone laws may help you prove negligence and liability in your accident case.
According to La. R.S. §32:300.5, cell phone use of any kind is prohibited for school bus drivers, individuals with learner’s permits, and drivers under the age of 18. Additionally, all drivers, regardless of age or profession, are banned from texting behind the wheel.
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Shreveport Distracted Driving Accident Lawyers Ready to Fight for You
At the Morris Bart law firm, our attorneys will take the time to investigate your accident and document your losses so we can seek justice for you and your family. With a Shreveport distracted driving accident lawyer in your corner, you can rest assured that our team is doing everything they can to fight for your rights. This will allow you the time you need to heal from your injuries without having to worry about the legal aspects of your case.
We will keep you updated on your case every step of the way. In addition to providing legal counsel on any obstacles that might occur, we also offer many other legal services, which include:
- Calculating your damages and assigning a value to your case.
- Communicating with the opposing parties in your claim.
- Settlement negotiations.
- Representing your case in court.
- Investigating your accident and proving liability.
- Handling proceedings with insurance companies.
- Educating you about Louisiana’s civil and traffic laws.
Note that you do not have an unlimited amount of time to take legal action in distracted driving accident cases. Under La. Civ. Code Art. 3492, there is a one-year statute of limitations on all personal injury and wrongful death lawsuits. Some exceptions may even shorten this deadline.
To get started with your free consultation today, contact a representative at the Morris Bart law firm.
Questions?Call (318) 553-5470
to find a Morris Bart office near you.