Distracted driving has become a deadly concern amongst drivers. According to the Centers for Disease Control and Prevention (CDC), nearly eight people a day die because of distracted drivers, with cellular devices being the main culprit.
Victims should not take driving negligence lightly. If you are suffering from injuries or lost a loved one due to a distracted driver, you may be eligible for compensation. Let a Ben Crump Law, PLLC New Orleans distracted driving accident lawyer look over your case for free.
Call (800) 598-7557 today. We do not receive payment until you win your case.
Understanding Distracted Driving
There are many potential distractions from the road, including:
- Cell phone use
- Talking to passengers
- Applying makeup
Many drivers get into accidents and cause injuries and death each year due to distracted driving in Louisiana. Every driver on the road must be extra vigilant, especially as cell phone use rises.
For a free legal consultation with a distracted driving lawyer serving New Orleans, call (800) 598-7557
How to Prove a Case of Distracted Driving
To prove negligence, you must be able to prove that the driver who hit you failed in their duty of care to drive responsibly and that negligence is what caused your pain and suffering. Once you establish this, you should start gathering evidence.
If you can, collect evidence at the scene of the accident. Check their car for anything that could classify as a distraction, including:
- Electronic devices
You can also:
- Take photos.
- Get a police report.
- Gather witness testimony.
- Look for security footage at surrounding businesses or homes.
If you were in an accident with a teen, there is a higher chance they were driving while distracted. According to the CDC, among drivers involved in fatal crashes, those ages 15 through 19 were more likely to be distracted than those over age 20. Add this to their inexperience, and you have a recipe for an accident.
Anything you can gather will help your case. When you work with a personal injury attorney, we can also demand phone records to see if the negligent driver was using their phone at the time of the accident.
Filing a Crash Report
It is important to note that you must file a crash report with the local law enforcement within 24 hours of an accident if there is injury, death, or the damages are over $500. According to Louisiana Revised Statutes (RS) §398, you may face fines and a possible 60 days in jail if you fail to do so.
Louisiana Civil Code (CC) §2323 explains the pure comparative negligence law. This means both parties can file for compensation even if they were partially at fault. For every percentage you are found negligent, that amount will be deducted from your payment.
New Orleans Distracted Driving Lawyer Near Me (800) 598-7557
How a New Orleans Distracted Driving Accident Lawyer Could Assist You
Navigating the law is no easy task, and neither is proving negligence in a distracted driving case. That is why we are here to help you manage the case timely and efficiently. Our distracted driving accident lawyers try to help our clients get a fair settlement for their personal injury and wrongful death cases.
Another thing to consider is how your injuries are affecting your life. Be aware that if you are suffering from life-changing injuries or losing a loved one, taking on the stress of navigating a case can add a lot more stress. We know what it takes to negotiate with insurance companies and other legal teams if necessary, too.
Contact Ben Crump Law, PLLC today and let our team look over your case for free. We are here for you when you are ready to file. Please do not feel intimidated and alone when you have us on your side.
Compensation for Damages in a Distracted Driving Accident in New Orleans
You only have one year from the accident to file a personal injury or wrongful death lawsuit in New Orleans. It can help to get assistance and file a claim with the insurance company right away. If you wait too long, the court could legally dismiss your claim.
When you file for compensation, you may be eligible for economic and non-economic damages, including:
- Loss of wages
- Loss of future income
- Medical bills
- Funeral costs
- Loss of life enjoyment
- Pain and suffering
Make sure to log all your data, and it is smart to keep an accident journal after and during your doctor exams to keep up with how you are feeling throughout the whole process. This extends to therapy sessions involved due to losing a loved one.
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Contact Our New Orleans Distracted Driving Accident Team Today
Our New Orleans distracted driving accident lawyer is here to help you. We are committed to protecting our clients’ rights and ensuring the lawsuit process is as seamless and just as possible.
Distracted driving causes a lot of accidents and can disrupt your life for an indefinite amount of time. We want to help you heal or grieve the loss of your loved one, spending time with family and dealing with the things you need to do to mend appropriately. We will take the burden of your case and keep you updated on the process as it evolves.
Contact Ben Crump Law, PLLC at (800) 598-7557 today for a free consultation. We want to help you get the compensation you deserve for your losses. No case is too tough for us to handle, and we only take payment when we win.