A woman driving while talking on the phoneAlthough all personal injury cases are unique, they share one factor: The plaintiff must prove that the defendant acted negligently, and that this negligence caused a specific injury. This is easier to accomplish in certain cases, such as when an intoxicated driver causes an accident. In other situations, though, proving negligence may require substantial evidence and expert testimony.

So, what is considered driver negligence? Here are four common:

  1. Distracted driving
  2. Reckless driving
  3. Disobeying traffic laws
  4. Driving under the influence of drugs or alcohol

Distracted Driving

According to Distraction.gov, distracted driving is one of the country’s leading causes of car collisions. Several behaviors may constitute distracted driving, such as texting or talking on a cellphone, adjusting the car entertainment system, reading maps, and eating or drinking. Even if drivers only take their eyes off the road for a few seconds, their inattention can cause a major collision and serious injuries.

Reckless Driving

According to the National Highway Traffic Safety Administration, reckless driving covers a wide range of transgressions that may constitute negligence. These are often easy to prove. For example, if a driver was speeding or traveling in the wrong lane before causing the collision, and the police report reflects these facts, then the courts will consider the driver negligent.

The driver does not necessarily have to break traffic laws to be liable for the accident, but it may be easier to prove negligence if he or she committed an offense, such as DUI, changing lanes without signaling or passing vehicles illegally.

Disobeying Traffic Laws

Each state has specific traffic laws, and if someone violates these rules and causes a crash, it may be easy to prove negligence. Common transgressions include running stop signs and red traffic lights, illegal overtaking and speeding.


Drunk drivers are responsible for a significant percentage of serious car accidents in Louisiana. If drivers are under the influence when they cause a crash, then it is likely that the courts will consider them liable for damages.

Even in cases when negligence seems obvious, the guidance of a personal injury attorney may prove invaluable. A lawyer from Morris Bart, LLC can determine if filing a lawsuit is a smart idea in the first place. If so, we can handle the maze of paperwork that these cases involve. We also have access to investigators and medical professionals who may provide critical evidence in your case.

Our attorneys offer an objective voice in the midst of the anger, frustration and stress that accompany serious accidents. We understand how to determine if a settlement negotiation is fair, and if not, we have the litigation experience to find success in court.

To schedule a consultation with a Baton Rouge personal injury attorney from Morris Bart, LLC, call our office at 1-800-537-8185.

June 30, 2015 | Categories: Auto Accidents |