Get Help for a Louisiana Distracted Driver Accident with a top New Orleans Car Accident Attorney
Today, distracted driving accidents have become one of the leading causes of motor vehicle collisions. This likely comes as no surprise to anyone who has been on the road and seen the sheer number of drivers who are on their phones, texting, manipulating a GPS or otherwise using electronic devices. In 2012, 3,328 car accident deaths and 421,000 injuries in the United States occurred as a result of distracted driving. Distracted driving is a serious public health issue but can be prevented. Distracted motorists are dangerous on our roadways.
If you or a loved one was involved in a crash caused by a driver who was distracted, you have the right to obtain full compensation for losses that resulted from your auto accident. Our car accident attorneys in New Orleans can assist you in building your case and proving fault.
Study after study has shown that motorists cannot multitask and drive safely while doing other things. Even with your eyes on the road and your hands on the wheel, talking to passengers or speaking on the phone can be dangerous because it can cause inattention blindness. Your brain simply does not see what is around when it is focused on conversing or manipulating electronic devices. Still, despite the dangers, motorists not only use devices with hands-free controls, they also text, type, read emails, hold their phones up to their ear, and perform an array of additional dangerous behaviors behind the wheel.
When drivers are negligent, they can be held accountable for any resulting accidents that occur. A New Orleans car accident attorney at Bloom Legal can help distracted driving accident victims and their families pursue a claim to hold inattentive drivers liable for losses. Our goal is to help victims get the compensation they deserve.
Texting and Driving
Louisiana law prohibits texting while driving and restricts minors and new drivers from using handheld cell phones for any reason. Texting and driving is a primary offense in Louisiana and drivers face a fine of $175 dollars for a first offense and a $500 dollar fine for second and subsequent violations. The majority of states in the U.S. have similar laws because texting is so dangerous for drivers.
Unfortunately, not everyone obeys these laws and texting drivers can be a menace to others on the roads. If you or a loved one has been harmed by a driver who was sending a text message behind the wheel, you have legal rights. A New Orleans car accident lawyer can help you pursue a damage claim so you can recover compensation for any injuries and losses that result from a collision that a texting driver causes
A Texting Driver is a Dangerous Driver
At any given daylight moment in America, around 660,000 drivers are manipulating electronic devices or using some type of cell phone. Distraction.gov reports that, as of December 2012, 171.3 billion text messages were sent each month in the United States and many of these were sent by drivers who were operating vehicles.
Texting and driving is extremely dangerous behavior. Someone who is texting is 23 times as likely to become involved in an accident as a motorist who is actually paying attention. This reckless practice has consequences not just for the person who cannot put down the phone but also for every other individual on the road.
When a texting driver causes a collision and injures others, that driver should be held liable for the serious injuries or wrongful death that he or she causes. Victims and surviving family members may pursue a personal injury claim to obtain monetary compensation for medical bills, lost income, pain and suffering, emotional distress, funeral expenditures and/or lost companionship.
It is up to the victim to prove that the texting driver was careless and caused the collision as a result of his or her negligent actions. Because Louisiana law bans texting while driving, showing that the motorist was texting at the time of the accident can create a presumption of negligence. This can make it easier for victims to successfully prove their car accident case.
Why is Distracted Driving So Dangerous?
Distracted driving is dangerous because motorists cannot react appropriately to what’s going on around them when they’re distracted. Even looking down at a phone for five seconds to read or send a text could result in a driver effectively driving the length of a football field while blind.
Drivers who are focused on things other than driving have delayed reaction times and they may not see pedestrians, motorcyclists, bike riders or other vehicles in time to stop. These drivers could also cross the double yellow line into another lane if they aren’t paying attention to where their vehicle is going. This type of distracted driving accident is often fatal.
What Are My Rights After a Distracted Driving Accident?
After a distracted driving accident, you have the right to be compensated if you can prove another driver caused a crash to occur. If the other driver involved in the accident was violating the rules against handheld device use or texting, this can create a presumption that the other driver was being unreasonably careless and he or she could be held accountable for harming you.
Distracted driving crash victims or surviving family members of those killed in distracted driving crashes should be entitled to compensation for both economic and non-financial loss. They can fight for fair compensation through settlement negotiation or by going to court. Because it can be difficult to prove someone wasn’t paying attention at the time of driving, victims often need help from a New Orleans car accident attorney to make their case.
Compensation Possible with a New Orleans Distracted Driver Attorney
It is possible for you to obtain compensation after a car accident caused by another driver’s negligence or violation of the law. Accident victims have the legal burden of proving that the other driver’s negligent or reckless actions directly resulted in the accident that caused you harm. A New Orleans auto accident attorney at Bloom Legal can help you prove your case.
Distractions significantly increase the risk of an accident. Some types of distracting behaviors, and leading causes of auto accidents, include:
- Using a cell phone while driving
- Paying attention to passengers, especially kids or pets in the vehicle
- Brushing hair, applying makeup or engaging in other grooming activities
- Reading maps or other materials
- Using a GPS or other navigation system
- Watching videos while driving
- Adjusting in-car controls such as the radio or CD player
In some cases, you will need to show that the driver engaging in these distracting behaviors was unreasonably careless. In other situations, such as when a driver breaks the texting ban, you can simply point to the violation of the safety rule as proof that the motorist was negligent. If you successfully establish that the other driver was negligent, you can be compensated for the losses that resulted from the accident.
Call Bloom Legal After a Distracted Driving Crash
If you were hurt because of a distracted driver’s negligence, our attorneys can protect your rights. Bloom Legal provides the advocacy you need to hold a distracted driver accountable for your car accident injuries. Contact us or call 504-599-9997 today to find out more about the assistance our firm can offer.
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Posted By: Sarah Perrie