In many instances, distracted driving is more dangerous than driving while under the influence of alcohol or drugs. Distractions include anything visual, manual, or cognitive that pulls the driver’s attention away from the road. Texting while driving is the ultimate form of driver distraction because it involves all three types.
Texting while driving is illegal and negligent. When it contributes to an accident, the driver may be financially responsible for the damages. A skilled attorney who handles texting while driving car accidents in Metairie can help you understand your potential remedies and recover for your damages.
Laws Prohibit Texting While Driving
Louisiana Statutes § 32:300.5 prohibits texting while driving. The law is not limited to texting. It prohibits drivers from using any wireless communication device to write, send, or read text-based communication, including emails, social media, and messaging through apps.
The law permits people to use cell phones and other mobile devices to place phone calls. People may also use wireless communication devices to report illegal activity, summon emergency help, prevent injuries to people or property, navigate, or relay dispatcher information. The law has an exception for healthcare providers using text to communicate with other healthcare providers.
The maximum fine for a first-time offense of texting while driving is $500. Subsequent violations carry a maximum fine of $1,000. When a person has an accident while texting and driving, the fine is doubled. Law enforcement must indicate whether texting while driving played a role in an accident when they write an accident report. Calling the Metairie police after a car crash is essential because the police can document the cause on an accident report.
Proving Texting While Driving in Car Accidents
The law directs officers to note mobile device usage on an accident report, but they sometimes neglect to do so. Even if an officer did not note it, it is still possible to prove it through electronic communication devices, time-stamp apps, texts, and other messages. By subpoenaing the other driver’s cell phone information, an attorney in Metairie could show they were texting while driving at the time of the car accident.
When distracted driving causes a danger to others, the law considers it reckless driving. Louisiana Statutes § 14:99 prohibits anyone from operating a motor vehicle in a criminally negligent or reckless manner. A second conviction of reckless driving can even lead to time in jail. A lawyer does not have to prove distraction to establish reckless driving. Instead, they can use evidence from witnesses, videos, photographs, and more to demonstrate the driver acted recklessly.
Recovering Damages After a Texting While Driving Accident
In most car accidents, the available damages are for economic and non-economic damages. Economic damages cover financial losses, which may include medical bills, lost income, loss of earning capacity, property damage, and other financial harm. Non-economic damages compensate people for non-financial losses. They are the justice system’s way of trying to pay people for their emotional and physical trauma. Those damages may include loss of companionship, pain and suffering, and emotional trauma.
Generally, car accidents do not include punitive damages since most negligence is accidental. However, several factors can impact whether punitive damages may be available in a texting-and-driving accident. For example, when a driver has a history of texting-and-driving accidents or offenses, their behavior may be reckless.
A Metairie attorney can help people understand the full range of damages available after a texting-while-driving car accident. They could consider a person’s injuries, the cause of the accident, and other damages to estimate a range for damage awards.
Talk to an Attorney About Texting While Driving Car Accidents in Metairie
Adults only have a year to file personal injury lawsuits. Even when you are unsure you want to file a lawsuit, you should get the information you need to help you make decisions. Schedule a free consultation with an attorney at Damon J. Baldone and Associates to get more information. They can examine the facts of your case and outline your options after texting while driving car accidents in Metairie.
