Distracted Driving Accident Baton Rouge Lawyer

Dealing with the aftermath of a distracted driving accident can be stressful, especially when trying to figure out your legal rights and options. Distracted driving accidents happen when a driver’s attention is taken away from the road, often due to things like texting, eating, or adjusting the car’s controls. In these situations, having an experienced car accident lawyer can be incredibly helpful.

At Big River Trial Attorneys, we focus on helping accident victims get the compensation they deserve. We offer free consultations, giving you a chance to talk about your case and understand your legal options without any obligation. Don’t let the complexities of a personal injury claim overwhelm you. Call us today at 225-725-6000 and let us guide you through the legal process with clear advice and dedicated support.

Understanding Distracted Driving Accidents

Distracted driving involves any activity that takes your focus away from safely driving your vehicle. Over the past ten years, distracted driving has become a leading cause of car accidents, resulting in numerous injuries and deaths. The Louisiana Highway Safety Commission reports that many traffic accidents are caused by distracted drivers, highlighting the urgent need for awareness and preventive measures.

Distracted driving accidents can lead to severe injuries, wrongful deaths, and life-changing impacts for victims and their families. Understanding the common injuries and statistics related to these incidents is crucial for both drivers and policymakers.

Common Causes of Distracted Driving Accidents

Distracted driving accidents often occur when drivers engage in activities that take their focus away from the road. These common causes include:

1. Texting and Using Mobile Devices: Engaging in texting, making calls, or browsing social media while driving is one of the leading causes of distracted driving accidents. This activity requires visual, manual, and cognitive attention, significantly increasing the risk of a car wreck.
2. Eating and Drinking: Consuming food or beverages can take a driver’s hands off the steering wheel and eyes off the road, leading to potential accidents.
3. Adjusting Car Controls: Changing the radio station, climate settings, or using a GPS can cause drivers to lose focus on driving, resulting in dangerous situations.
4. Talking to Passengers: Engaging in conversations with passengers can divert a driver’s cognitive attention away from the road.
5. Grooming and Personal Care: Activities such as applying makeup or brushing hair while driving can lead to significant distractions.
6. Daydreaming or Being Lost in Thought: Cognitive distractions occur when a driver’s mind is not focused on driving, which can be as dangerous as visual or manual distractions.
7. Looking at External Objects: Visual distractions include looking at billboards, accidents, or scenery, which can lead to accidents if the driver is not paying attention to the road.
8. Handling Pets or Children: Managing pets or attending to children in the back seat can cause drivers to take their eyes off the road and hands off the wheel.
9. Reaching for Items: Searching for objects in the car, such as a phone or a fallen item, can lead to manual distractions.

Understanding these common causes of distracted driving accidents is essential for promoting safe driving habits and reducing traffic accidents. By staying alert and avoiding distractions, drivers can help make roads safer for everyone.

Common Injuries in Distracted Driving Accidents

Distracted driving accidents can lead to a wide range of injuries, varying in severity from minor to life-threatening. Understanding these common injuries is critical for accident victims seeking compensation and medical care. Here is a comprehensive list of injuries often sustained in such incidents:

1. Whiplash: This neck injury occurs when the head is suddenly jerked forward and backward, often seen in rear-end collisions.
2. Traumatic Brain Injury (TBI): TBIs can result from a blow to the head during a car crash, leading to cognitive impairments and long-term health issues.
3. Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, significantly affecting the victim’s quality of life.
4. Broken Bones: Fractures are common in car accidents, affecting arms, legs, ribs, and other parts of the body.
5. Soft Tissue Injuries: These include sprains, strains, and tears in muscles, ligaments, and tendons, often causing pain and limited mobility.
6. Cuts and Lacerations: Shattered glass and debris can cause deep cuts, leading to scarring and potential infections.
7. Internal Injuries: Damage to internal organs, such as the liver or spleen, can occur and require immediate medical attention.
8. Burns: Fires or hot surfaces in a car accident can cause severe burns, necessitating extensive medical treatment.
9. Psychological Injuries: Accidents can lead to emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).

By recognizing these common injuries, accident victims can seek appropriate medical care and legal representation to recover compensation for their damages.

Legal Consequences of Distracted Driving

In Louisiana, distracted driving is a serious traffic violation with significant legal consequences designed to deter drivers from engaging in unsafe behaviors. The state enforces strict penalties to emphasize the importance of road safety and discourage distractions while driving, including:

1. Fines for Mobile Device Use: Drivers caught using mobile devices face fines ranging from $175 to $500. Repeat offenders can incur higher fines, reflecting the seriousness of the violation.
2. License Points: Distracted driving violations can result in points added to a driver’s license, potentially leading to increased insurance rates and license suspension for repeat offenses.
3. Doubled Fines for Accidents: If a distracted driving violation results in a car crash, the fines are doubled, underscoring the state’s commitment to preventing accidents caused by distractions.
4. Teen Driver Restrictions: Teen drivers face stricter penalties, including a complete ban on texting and using cell phones while driving. Violations can result in doubled fines if they lead to an accident.
5. License Suspension: Multiple offenses may lead to the suspension of a driver’s license, particularly for repeat violations that demonstrate a pattern of unsafe driving behavior.
6. Increased Insurance Premiums: Many insurance companies may increase premiums for drivers with distracted driving violations, reflecting the added risk they pose on the road.
7. Legal Liability in Accidents: Distracted drivers involved in accidents may face legal liability, impacting personal injury claims and potentially leading to higher financial compensation payouts to victims.
8. Criminal Charges in Severe Cases: In cases where distracted driving results in serious injury or wrongful death, drivers may face criminal charges, including vehicular manslaughter.

Drivers need to understand the serious consequences of distracted driving in Louisiana. By following the state’s laws on distracted driving, drivers can avoid penalties like fines, license points, and increased insurance rates. This not only helps drivers avoid legal trouble but also makes the roads safer for everyone.

How Does Insurance Handle Claims Involving Distracted Driving?

When dealing with claims related to distracted driving, insurance companies usually carry out detailed investigations to determine who is at fault. They will examine the accident scene, talk to witnesses, and look at police reports to see if distracted driving was a factor. If the other driver is found to be at fault because they were distracted, their insurance company might have to pay for damages, which can include medical bills, property repairs, and other costs the accident victim has incurred.

Insurance companies will also look at the policyholder’s driving history and any past similar violations, which could affect the outcome of the claim. If the distracted driver is found to be negligent, the insurance company might raise their premiums or even cancel their policy. Accident victims need to keep thorough records and work closely with their lawyers to ensure they receive fair compensation for their injuries and losses.

Steps to Take After a Distracted Driving Accident

Experiencing a distracted driving accident can be overwhelming, but knowing the right steps to take can help protect your rights and strengthen your personal injury claim. Here’s a simple guide on what to do right after a distracted driving accident:

1. Ensure Safety and Call Emergency Services: First, check for injuries and ensure everyone’s safety. Call 911 to report the accident and request medical assistance if needed. Even if injuries seem minor, it’s crucial to have a medical professional evaluate everyone involved.
2. Move to a Safe Location: If possible, move your vehicle to a safe area away from traffic to prevent further accidents or injuries. Turn on your hazard lights to alert other drivers.
3. Contact the Police: Regardless of the accident’s severity, it’s important to contact the police and file an official accident report. This documentation is vital for insurance claims and legal proceedings.
4. Gather Information: Exchange contact and insurance information with the other driver(s) involved. Collect names, phone numbers, addresses, driver’s license numbers, and vehicle details. Also, gather contact information from any witnesses.
5. Document the Scene: Take photographs of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries. These images can serve as critical evidence in your claim.
6. Avoid Admitting Fault: When speaking to the other driver or witnesses, avoid admitting fault or apologizing, as this can be used against you in legal proceedings.
7. Seek Medical Attention: Even if you feel fine, visit a healthcare professional as soon as possible. Some injuries, like whiplash or traumatic brain injuries, may not show immediate symptoms but require prompt medical evaluation.
8. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate details and cooperate with their investigation.
9. Keep a Record of Expenses: Maintain a detailed record of all accident-related expenses, including medical bills, repair costs, and any lost wages due to time off work.
10. Consult a Car Accident Lawyer: Contact a lawyer to discuss your legal options and rights. An experienced attorney can guide you through the claims process, helping you seek compensation for your injuries and damages.

By taking these steps, you can protect your legal rights and strengthen your compensation case. Big River Trial Attorneys is here to offer guidance and support during this difficult time.

What Evidence is Needed to Prove That a Driver Was Distracted?

Proving that a driver was distracted at the time of an accident is crucial for a successful personal injury claim. Here are some types of evidence that can help establish driver distraction:

1. Eyewitness Testimonies: Statements from witnesses who observed the driver engaging in distracting activities, such as texting or eating, can be powerful evidence.
2. Police Reports: Official accident reports often include observations from responding officers about the driver’s behavior and any potential distractions.
3. Surveillance Footage: Video evidence from nearby traffic cameras or surveillance systems can capture the driver’s actions leading up to the accident.
4. Cell Phone Records: Obtaining the distracted driver’s phone records can show if they were texting or calling at the time of the accident.
5. In-Vehicle Technology: Data from the car’s onboard systems, such as GPS and infotainment usage, can indicate if the driver was adjusting controls or using navigation.
6. Accident Reconstruction: Experts can analyze the accident scene to determine if the driver’s actions were consistent with distracted driving.
7. Social Media Activity: Posts or check-ins made by the driver around the time of the accident can serve as evidence of distraction.
8. Driver’s Admission: Any statements made by the driver admitting to being distracted can be used as evidence.

Collecting and presenting this evidence effectively can help build a strong case against the distracted driver, increasing the chances of recovering compensation for damages and injuries.

Compensation Available for Distracted Driving Victims

If you’ve been in a distracted driving accident, you might be able to get different types of compensation to help with the costs and stress of the incident.

1. Medical Expenses: This includes coverage for emergency care, hospital stays, surgeries, rehabilitation, and ongoing medical treatment related to injuries sustained in the accident. Compensation may also cover future medical costs that arise due to long-term injuries.
2. Lost Wages and Earning Capacity: Victims can claim compensation for income lost during their recovery period. If the injuries result in a reduced ability to work or permanent disability, compensation for lost future earning capacity may also be pursued.
3. Pain and Suffering: This compensation addresses the physical pain and emotional distress caused by the accident. It covers non-economic damages such as anxiety, depression, and a diminished quality of life resulting from the accident.
4. Property Damage: Compensation for repairs or replacement of the victim’s vehicle and any personal property damaged in the accident is available. This ensures that victims are not financially burdened with repair costs.
5. Loss of Consortium: If the accident impacts the victim’s relationship with their spouse or family, compensation for loss of companionship and support can be sought.
6. Punitive Damages: In cases where the distracted driver’s conduct was particularly reckless or egregious, victims may be awarded punitive damages. These are intended to punish the negligent driver and deter similar behavior in the future.
7. Emotional Distress: Compensation may be available for psychological impacts such as post-traumatic stress disorder (PTSD) and other mental health issues resulting from the accident.
8. Rehabilitation and Therapy Costs: This includes compensation for physical therapy, occupational therapy, and any psychological counseling needed as a result of the accident.
9. Legal Fees: In some cases, victims may recover legal costs associated with pursuing their personal injury claim.

At Big River Trial Attorneys, our main focus is to help accident victims get the compensation they deserve. We have a skilled team ready to guide you through your claim, making sure every part of your case is handled thoroughly to achieve the best results possible.

How Does Comparative Negligence Affect the Compensation You Can Receive in Louisiana?

In Louisiana, the idea of comparative negligence is important when figuring out how much compensation you can get after a distracted driving accident. This means that if you are partly to blame for the accident, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% responsible for the car accident, your total compensation will be reduced by 20%.

So, even if you are partly at fault, you can still get compensation for your injuries and damages, but the amount will be adjusted based on how much you were at fault. Knowing how comparative negligence works is critical for accident victims who want to get the most out of their financial recovery.

A skilled car accident lawyer can guide you through the complexities of comparative negligence, making sure your rights are protected and you receive a fair settlement. By building a strong case and negotiating effectively with the insurance company, your lawyer can help reduce your fault percentage and increase your compensation.

How Big River Trial Attorneys Can Help You

At Big River Trial Attorneys, we are more than just your lawyers – we are your dedicated partners in handling distracted driving accident claims. We focus on listening carefully and communicating clearly, making sure you feel heard and understood throughout the process. We keep you informed with regular updates on your case, so you always know what’s happening and what to expect next.

We care deeply about our clients and understand the emotional and financial stress a distracted driving accident can cause. Our team is here to support you with compassionate and thorough legal help. We are approachable and ensure your needs and concerns are our top priority in every decision we make.

Choose Big River Trial Attorneys for a legal team that listens to you and communicates openly, guiding you smoothly toward the compensation you deserve. Contact us today at 225-725-6000 to schedule a free consultation and let us help you.