Distracted driving, which includes any behavior that takes the driver’s attention away from the operation of his or her vehicle and road conditions, is a negligent action that can lead to an accident.
If you have suffered injuries in a car accident caused by the negligent behavior of a distracted driver in Luling, Louisiana, you may be entitled to receive compensation for your damages.
A Luling distracted driving accident lawyer from the Morris Bart law firm may be able to assist you. Call us today at (504) 613-4771. We can review your case for free, and if you choose to hire us to represent you, we can do so on a contingency fee basis with no upfront costs.
Defining Distracted Driving
As stated, distracted driving is any activity that diverts one’s attention away from driving. Even a brief distraction can imperil a driver and other road users. According to the Centers for Disease Control and Prevention (CDC), if someone is traveling 55 mph and looks at their cell phone to send or read a text message for roughly five seconds, they will travel the equivalent distance of one football field.
When considering motor vehicle safety, the CDC divides distracted driving into three main categories that will be elaborated on below.
Visual Distracted Driving
This is any behavior where the driver is looking at something other than the road. These behaviors can include:
- Viewing the scenery, people, or other cars
- Reading a billboard
- Looking at one’s appearance in a mirror
- Checking a map for directions
Manual Distracted Driving
This distraction relates to any action where the driver removes his or her hands from the wheel of the vehicle. These behaviors can include:
- Reaching for an object that has shifted or moved
- Controlling children or pets
- Adjusting mirrors, the radio, or any other devices in the vehicle
- Eating or drinking
Cognitive Distracted Driving
Cognitive distractions are thoughts that take the driver’s mind off of the driving at hand. Such distracted thoughts can include:
- Memorizing a phone number from a billboard
- Daydreaming
- Planning events for the day
- Reciting a list of items to pick up from a store
Text messaging is considered a dangerous form of distracted driving because it combines visual, manual, and cognitive distractions.
If you have sustained injuries due to another person’s distracted driving, you have the right to pursue damages. Contact the Morris Bart law firm at (504) 613-4771 for a free case review with a Luling distracted driving accident lawyer today.
For a free legal consultation with a Distracted Driving Accident lawyer serving Luling, call 800-537-8185
Proving Negligence in a Distracted Driving Case
To prove driver negligence in your case, a court may require evidence that demonstrates the following principles occurred in your accident:
- Duty of care: there is an expected standard of behavior for all drivers on the road.
- A breach of the duty of care: the other driver failed to maintain that duty of care, whether intentionally or accidentally.
- Damages: you suffered injuries or property losses.
- The breach caused the damages: there is a direct connection between the damages and the breach of the duty of care.
The National Highway Traffic Safety Administration (NHTSA) says risky, distracted driving claimed 2,841 lives in 2018. The vast majority of affected parties were drivers, but passengers, pedestrians, and bicyclists were also victims.
Fortunately, proving driver negligence does not always require evidence that the driver was distracted at the time of the accident. A breach of the duty of care can be something as simple as violating a traffic law and can include actions such as:
- Failure to yield or respect the right of way.
- Running a red light or a stop sign.
- Drifting into another lane.
- Changing lanes when not authorized to do so.
- Rear-ending the car in front of the driver.
If you are able to prove the other driver’s actions violated a traffic law, you may not need to provide additional evidence that they behaved this way because they were distracted.
If you hire the Morris Bart law firm to represent you, a Luling Distracted Driving Accident Lawyer from our team can gather evidence in your defense, including testimony from accident reconstruction experts if necessary.
Recoverable Damages in a Distracted Driving Case
Once our team shows that the distracted driver’s behavior led to your damages, we can assert that you may be eligible to receive compensation for those damages. Some of the damages we may be able to recover include:
- Medical bills and future health care needs
- Any lost wages from time away from work
- The repair or replacement of any lost property
- Pain and suffering
A representative from the Morris Bart law firm can discuss what compensation may be available to you when you call us for a free consultation.
Click to contact our Luling Car Accident Lawyers today
Call Morris Bart, LLC Today
If you were injured in an accident caused by a distracted driver, the Morris Bart law firm may be able to defend your right to compensation. If you hire us, a lawyer from our team can:
- Answer your questions and provide legal advice.
- Assist you with filing your accident claim.
- Communicate with insurance companies and other parties on your behalf.
- Collect evidence to validate your claim.
- Negotiate with insurance companies for a settlement offer based on our collected evidence.
- Represent you in court if we cannot reach a fair settlement.
Do not stall when it comes to taking legal action. According to Article 3492 in Louisiana State Legislature’s law, there is a strict statute of limitations, or legal time limit, that may provide you only one year from the date of your injuries to pursue compensation through the courts. If this time limit expires in your case, you may forfeit the right to recover compensation through a lawsuit.
Call the Morris Bart law firm today at (504) 613-4771 for your free case review. We offer representation on a contingency fee basis, where our payment only comes at the end of your case if you successfully recover compensation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
