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How is Distracted Driving Factored into an Accident Lawsuit?


— August 31, 2022

Another important reason why drivers should not violate the regulations related to distracted driving is the possibility of being sued.


Oak Hills Place, LA – Drivers now routinely use their cellphones and other electronic devices while they are behind the wheel of their cars. While this is a common practice, it is also illegal and extremely dangerous. Distracted driving is considered one of the leading causes of accidents and fatalities in every state, including Louisiana. Anyone who has become a victim of a distracted driver can contact their lawyer and try to bring a civil case against the person responsible to receive money for their losses. 

Louisiana’s distracted driving law

The state’s distracted driving law only allows drivers to use voice communications with hands free devices. Additional exceptions exist for emergencies. However, drivers who are under the age 18 cannot use any kind of phones or electronic devices at all while driving. The laws also prohibit texting and other uses of electronics for social media purposes or other applications. In other words, drivers generally should not use their phones for any kind of texting or posting on social media sites, and talking on the phone should only be done if it does not require the driver’s hands or take their eyes off of the road. Drivers who violate these laws may be fined and receive points on their license. 

Commercial drivers who violate distracted driving laws will face more severe penalties, including the potential loss of their commercial driving privileges.  

Evidence in a negligence lawsuit

Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.
Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.

Another important reason why drivers should not violate the regulations related to distracted driving is the possibility of being sued. When someone causes an accident, anyone who they harm can go through the civil courts to try to receive compensation for their losses. If the person was on their phone or engaged in other forms of distracted driving, this can be used as strong evidence of negligence. There is also a doctrine called negligence per se that can be applied due to traffic violations. This means that violations of a relevant statutory law will prove the elements of negligence for the plaintiff. 

If the defendant is found to be liable, they will either have to pay the victim through their insurance coverage, or they may be personally responsible for covering various costs. This can include the victim’s medical treatment and recovery from injuries, lost income and wages, and non-economic damages for pain and suffering. 

Getting help from accident lawyers in Louisiana

Miller, Hampton, and Hilgendorf is a law firm that focuses on accident lawsuits and all related matters. Their injury attorneys are available to assist clients in Oak Hills Place and other parts of Louisiana. 

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