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Distracted Driving Accident Lawyer in Baton Rouge

Providing Compassionate Legal Guidance

With so many distractions on the road, it’s become increasingly important for drivers to focus their attention on what they’re doing. Cell phone usage, eating, putting on makeup, or even changing the radio can lead to dangerous accidents. If you’ve been injured in a car accident caused by distracted driving, you deserve to recover compensation for your injuries.

Our distracted driving accident lawyer in Baton Rouge, Louisiana, is here to help you pursue your case. Our legal team can investigate your claim, gather evidence, negotiate with insurance companies, and more. We are confident that with our experience, we can get you the outcome you deserve. For a free legal consultation and to learn more about our services, call Walter R. Krousel Jr. & Associates, APLC today at (225) 263-6194.

What is Distracted Driving?

Distracted driving happens anytime a driver encounters a distraction that takes their eyes off the road or their hands off the steering wheel. Many people think of cell phone usage when they hear the words “distracted driving.” While that’s certainly a major cause, there are many distractions that can take a driver’s attention away from the road.

Types of driving distractions include:

Visual Distractions

Visual distractions mean that a driver is looking at something other than the road ahead of them. Turning in their seat to look at a passenger, glancing at a billboard on the highway, or even stopping to look at an accident can be a distraction.

Manual Distractions

Manual distractions include anything the driver is doing with their hands besides holding the steering wheel. Controlling the radio, checking a GPS, handing something to a passenger, or reaching for something on the floor can all be manual distractions.

Auditory Distractions

Anything that drivers hear that may distract them from the road is an auditory distraction. Listening to the radio, enjoying an audiobook, or talking to a passenger can all cause a driver’s mind to wander, leading to dangerous collisions.

Cognitive Distractions

Cognitive distractions are some of the most dangerous types of distractions because they’re easy to miss. Drowsy driving, stressed driving, and highway hypnosis can cause drivers to zone out, leading to poor reaction times and motor vehicle accidents.

What Are the Texting and Driving Laws in Louisiana?

With the popularity of cell phones on the rise, most states have implemented some form of texting and driving laws. Under Louisiana law, the texting and driving laws apply to all drivers, even those under 18 and with learner’s or intermediate licenses.

Louisiana drivers must follow these rules:

  • No driver in Louisiana can operate a vehicle while using a wireless telecommunication device to write, send, or read a text message
  • No driver can operate a vehicle while accessing, reading, or posting on social media
  • No driver can engage in a voice call while in a school zone during posted school hours

Along with these rules come a few exceptions, including:

  • Emergency services personnel using a device during official duties may operate a vehicle while using a cell phone
  • Drivers are allowed to use the GPS of a cell phone
  • Drivers are allowed to report an emergency or criminal activity while driving

Any drivers who are caught using a cell phone illegally can be fined up to $500. For subsequent violations, drivers can be fined up to $1,000 and have their driver’s license suspended for 60 days. When distracted driving leads to a motor vehicle accident, the fines and penalties are doubled.

What Kind of Compensation Can You Recover?

Distracted driving victims often accrue many expenses. By pursuing a personal injury claim, you can recover your expenses and receive compensation for your experience.
Your distracted driving accident may lead to damages like:

Economic Damages

Economic damages have a set dollar amount attached to them. They are typically proven in your claim with bills and receipts. Economic damages may include:

  • Medical bills, both past and future
  • Property damage repair or replacement costs
  • Lost wages
  • Loss of future income
  • Medications
  • Physical therapy appointments

Non-Economic Damages

Car accidents can have a negative impact on your mental health. By requesting non-economic damages, you can recover compensation for the harrowing experience you have gone through. Non-economic damages may include:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Permanent disability
  • Loss of enjoyment of life

How Do You Prove Negligence in a Distracted Driving Case?

In a car accident case, proving negligence is crucial. Proving negligence allows you to assign liability to the other driver. When distracted driving is involved, you can show proof of the other driver’s inattention to provide evidence that they caused the accident.

There are many pieces of evidence that can be used to prove negligence. A police report, witness statements, social media activity, and cell phone records may all be used to show that the other driver was distracted. Our distracted driving accident attorney will examine your case to determine what kind of evidence you need to get the best possible outcome.

An expert witness can also provide testimony to support your claim. For instance, they could analyze the driver’s behavior to determine where their attention was at the time of the accident.

Who Can be Held Liable for Your Injuries?

Once you prove negligence in a car wreck case, you can then assign liability. In most distracted driving cases, the other driver is the one liable for your injuries. However, there are some circumstances that could involve other parties.

Potential parties liable for your injuries include:

  • The other driver
  • The driver’s employer (if they were driving for their job)
  • The owner of the vehicle
  • A trucking company
  • The manufacturer of the car (if a defect contributed to the accident)
  • A passenger in the vehicle at the time of the accident
  • A government agency

Determining liability isn’t always easy or straightforward. Cases involving multiple liable parties require additional evidence. Our law firm can help you determine liability and gather proof in your distracted driving claim.

What is the Statute of Limitations for a Personal Injury Claim?

In Louisiana, personal injury cases are subject to a statute of limitations. The statute of limitations states that drivers have one to two years from the date of the accident to file a claim. The timeline depends on when you were injured and on the extent of your injuries. Once the statute of limitations has expired, you will no longer be able to recover compensation in court.

There are some circumstances that can extend this timeline. However, these exceptions are rare and may not apply to your case. If you would like to seek compensation, the best thing you can do is reach out to our law office today.

Do You Need a Distracted Driving Attorney?

Distracted driving accidents can cost you thousands of dollars in medical expenses, property damage repairs, and more. If you are an accident victim, you deserve compensation for your injuries.

Walter R. Krousel Jr. & Associates, APLC, has helped clients just like you recover damages after a distracted driving accident. We will walk you through your case from beginning to end to get you the full and fair settlement you deserve. For more information about how we can help you, contact our law firm by calling (225) 263-6194.

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