Distracted Driving Accident Lawyers in New Orleans
Distracted Driving Accidents in Louisiana
According to data compiled by Louisiana State University, distracted driving has led to an average of 38 traffic fatalities each year from 2015 to 2020. In 2019, the number of distracted driving-related traffic deaths peaked at 52, with 17 of those fatalities resulting from cell phone use.
Driving is one of life’s most dangerous activities; it requires a person’s undivided attention and focus. When drivers are distracted, whether by something inside or outside the vehicle, the risk of an accident skyrockets. Distracted drivers don’t just put themselves in danger—they jeopardize the safety and well-being of everyone else on the road.
Our New Orleans distracted driving attorneys can help you work to recover the following damages:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Pain and suffering
- Vehicle repair costs
Having fought for—and won—settlements and verdicts on behalf of countless injured clients throughout New Orleans, Westbank, and Mandeville for more than 35 years, we understand your rights and know how to secure the results you need. While we cannot guarantee a specific result in your case, we can assure you that we will do everything possible to help you successfully navigate the recovery process and come out the other side.
What Is “Distracted Driving?”
According to the National Highway Traffic Safety Administration (NHTSA), roughly 3,000 people are killed and 430,000 are injured in motor vehicle collisions involving distracted drivers each year. In Louisiana alone, 38 people died due to confirmed distracted driving accidents in 2020. Clearly, distracted driving is a huge problem on our roads, but what exactly constitutes “distracted driving?”
Distracted driving is considered any activity that requires a driver to shift their attention away from the primary task of driving. Anything that distracts a motorist behind the wheel of a car can endanger the safety of the driver, nearby drivers, and bystanders.
Three Categories of Driving Distractions
Driving distractions are generally broken down into three categories:
- Manual Distractions: These are things that cause the driver to remove one or both hands from the steering wheel, such as changing the radio station or holding a cell phone.
- Visual Distractions: These are any distractions that take the driver’s eyes off the road, such as billboards or accidents along the roadway.
- Cognitive Distractions: Cognitive distractions are those that cause the driver to lose focus on the road, such as daydreaming or talking to a passenger.
Often, distracting activities involve more than one type of distraction. For example, texting while driving is so dangerous because it involves all three categories: the driver is manually distracted as they hold the cell phone to type, they are visually distracted by looking at the text message, and they are cognitively distracted because they are thinking about what the text message is communicating, not the task of driving.
Examples of Distracted Driving
While texting/using a cell phone while driving is commonly thought of as the main type of distracted driving, there are many activities a motorist can do behind the wheel that constitute distracted driving.
Some common examples of distracted driving include:
- Using a smartphone
- Eating and/or drinking
- Personal grooming
- Using a GPS system
- Adjusting a radio
- Talking with passengers
- Reaching for something that fell
- Attending to children/pets in the car
- Rubbernecking (looking at an accident)
- Looking at signs or billboards along the highway
These and other driving distractions can seem innocuous to the driver—but even a few seconds of looking away from the road can be enough to cause a crash.
Proving Liability in Distracted Driving Accidents
Because Louisiana is what is known as a “tort state,” victims of car accidents typically must file a claim against the at-fault driver’s insurance company (or a lawsuit against the at-fault driver) to recover compensation for their damages. This involves proving that the other driver was, in fact, at fault for the accident and is therefore liable for your injuries and losses.
However, proving liability in a distracted driving accident case can be difficult. The other driver is likely to deny that he or she was distracted, meaning you will need clear evidence supporting your claim. Additionally, while distracted driving typically constitutes negligence, Louisiana’s distracted driving laws primarily focus on cell phone use and texting. If you can demonstrate that a driver caused an accident because he or she broke the law by illegally using a cell phone while driving, you may have an easier time proving fault than if the other driver was engaged in another type of distracting behavior.
At The Womac Law Firm, our New Orleans distracted driving accident attorneys understand the many complexities involved in these types of claims. We work hard to prove liability for your damages by conducting exhaustive investigations into what caused the accident. This might involve reviewing the other driver’s cell phone records, talking to witnesses who saw what happened, reconstructing the accident scene, obtaining video footage from nearby security cameras, and/or going over your medical records. Our firm is committed to leaving no stone unturned in our pursuit of the maximum compensation you are owed for your medical bills, lost income, and pain and suffering.
No Recovery, No Fee—Guaranteed
At The Womac Law Firm, we believe that nobody should be left to deal with the aftermath of another driver’s carelessness on their own. Through negotiations with the involved insurance companies and a detailed examination of the evidence surrounding your accident, we can fight to maximize your recovery and help you get back on your feet as quickly as possible. Best of all, our services are offered at no risk to you, as we will not charge you a dime unless we are successful in securing a fair settlement on your behalf.
You have nothing to lose.
If you were injured by a distracted driver, reach out to our firm and “Put the Womac on ‘Em!” With over 36 years of experience and millions of dollars recovered for our clients to date, we have what it takes to aggressively advocate for you.