Helping Clients After Serious Distracted Driving Crashes in New Orleans

We have all seen a distracted driver on the road – someone is speeding up and slowing down without warning, sitting stopped at a green light, swerving across lanes, or drifting onto the shoulder. You may even see the driver is obviously looking at a cell phone, not the road. Suddenly, that driver may have to slam on the brakes to avoid a collision because they were not paying attention. Distracted drivers are everywhere in this day and age, and all too often do not look up in time to avoid a collision. In many cases, the distracted driver crashes into another vehicle, a bicyclist, or a pedestrian, causing serious injuries or even fatalities.

Louisiana law bans all drivers from reading or sending text-based messages while driving. Texting and driving is a primary offense, which means a police officer can pull you over for texting even if you are not doing anything else wrong. Drivers are also banned from using mobile devices for any reason – even to make a call – while in a school zone during restricted hours. Finally, novice drivers and school bus drivers are banned from using any handheld mobile device while driving.

Louisiana enacted all these laws in recent years in response to the dangers posed by the increasing number of distracted drivers in Louisiana and across the U.S. You may think that laws and knowledge of the risks of distracted driving would deter drivers—but it doesn’t. In 2016, about 391,000 people suffered injuries and 3,450 people died in accidents that involved a distracted driver.

If a dangerous driver’s behavior causes you serious injury, or the death of a loved one, you have important legal rights and the distracted driver should be held fully accountable. At the law firm of Egenberg, APLC, we help injured accident victims in and around New Orleans exercise their rights and recover fair compensation for their injuries from the driver at fault. Call Egenberg, APLC at 504-229-5700 or contact us online today if you would like to discuss your situation with an experienced distracted driving accident attorney.

The Dangers of Distracted Drivers

Distracted driving is recognized as a serious public health issue because it puts everyone on the road at risk of entirely preventable injury and even death. Many drivers are overly confident using a cell phone while driving and may take photos, send texts, update social media, and browse the internet.

However, performing any of these activities while driving is inherently dangerous because it:

• Removes your hands from the steering wheel
• Takes your eyes off the road
• Diverts your cognitive focus from the act of driving

Any one of those effects alone impairs a driver’s ability to react. Texting is triply dangerous because it involves all three types of distractions—at least one hand is texting, your eyes are on the text, and your mind is reading or formulating a text instead of focusing on the road. Of course, distracted driving existed long before smartphones and many other activities cause dangerous distractions. Examples include:

• Making a phone call (handheld or hands-free)
• Using other hands-free technology
• Programming navigation systems
• Changing the radio
• Tending to pets or children in the car
• Talking to passengers
• Smoking
• Eating or drinking
• Grooming, including applying makeup or fixing your hair
• Reading mail, newspapers, maps, or other materials
• Reaching for objects on floorboards or in other parts of the car
• In this multitasking society, it is commonplace to try to accomplish other tasks while driving. Drivers may think these habits are harmless – that is, until they cause an accident and serious harm.

Proving Distracted Driving

Accident victims have the right to seek compensation from drivers at fault. However, victims must provide sufficient proof that a driver was negligent before the law holds that driver liable. You should always seek help from a law firm that knows how to gather and present evidence of liability and resolve a claim successfully and efficiently. Some evidence of distracted driving may include:

• Your own account of what happened
• Eyewitness testimony that the driver was distracted
• Video surveillance footage that shows the driver being distracted
• Phones records or social media profiles that demonstrate activity on a smartphone

Rarely will a driver simply admit to texting or otherwise being distracted, so you need an attorney with the resources to fully investigate what happened and build a case to support of your claim.

How Our Law Firm Can Help

The process of seeking compensation can be significantly complicated. Begin by finding the right lawyer to help. Our attorneys regularly help clients with the following:

• Evaluating whether you have a valid legal claim
• Determining the extent of your losses, including medical bills, lost income, pain and suffering, and more
• Filing an insurance claim with the distracted driver’s insurer
• Handling the entire insurance claim process, including communicating with adjusters, providing evidence, and reviewing and negotiating settlement offers
• Filing a lawsuit in Louisiana civil court if needed to obtain the full amount you deserve
• Handling all steps of the litigation in accordance with state laws and procedures
• Engaging in settlement negotiations to try to reach a favorable agreement
• Taking your case to trial if no favorable settlement agreement can be reached

Our lawyers are dedicated to our clients and their best interests from the beginning to the very end of every case. We understand how stressful dealing with serious injuries can be and we work to help you find financial relief, while your focus on your physical recovery.

Contact an Experienced New Orleans Distracted Driving Lawyer for More Information

Although everyone should realize how dangerous it is, distracted driving continues to plague our roads. When a driver chooses to engage in distractions and causes an accident, we can help hold that driver responsible and all of your losses. Please call Egenberg, APLC at 504-229-5700 or contact us online for a free consultation today.