According to a study by Life360, a driving safety service and family location app, Louisiana had the second-highest cell phone use by drivers. The study analyzed data from February and March 2017. Texting while driving is banned in the state and drivers under the age of 16 years may not use a cell phone while driving. However, the state has not passed a law prohibiting handheld cell phone use yet. Therefore, many drivers continue to use cell phones while driving throughout the state.
Unfortunately, a car accident caused by cell phone use can result in traumatic injuries. Common injuries in a cell phone-related car accident include:
- Traumatic brain injuries
- Head injuries
- Spinal cord injuries
- Whiplash
- Fractures and broken bones
- Burns and disfigurement
- Back and neck injuries
- Internal injuries and bleeding
- Death
Individuals who have been injured by a driver using a cell phone may be entitled to compensation for their injuries. Filing a personal injury claim is the first step in recovering money for losses, damages, and injuries sustained in a car accident caused by cell phone use.
Distracted Driving and Cell Phone Use
Distracted driving is one of the most common causes of traffic accidents. Drivers who are not paying attention to the road ahead or the task of driving are dangerous for everyone on the road. According to information from the National Highway Traffic Safety Administration (NHTSA), 3,450 people lost their lives in distracted driving accidents during 2016. In addition, thousands of people are injured in distraction-related accidents each year.
Texting while driving is one of the worst forms of distracted driving. Texting, posting to social media, sending emails, or any other form of sending and receiving written material is a potentially deadly distraction. When using a cell phone to text, the driver is distracted visually, physically, and cognitively. In other words, the driver takes his eyes off the road, his hands off the steering wheel, and his mind off driving. In just five seconds, the vehicle can travel the length of a football field at 55 miles per hour. That is a long time not to be paying attention to operating the motor vehicle.
Proving Fault in a Car Accident Caused by Cell Phone Use
It may be difficult to prove that the car accident was caused because a driver was using the cell phone. However, through careful investigation, we determine the cause of the crash to prove that you were not responsible. We use physical evidence from the accident scene and the vehicles, eyewitness testimony, medical records, police reports, and the assistance of accident reconstructionists to determine how the crash occurred so we can prove the other driver caused the crash.
Damages in a Car Accident Caused by Cell Phone Use
The economic and non-economic cost of a car crash because of cell phone use can be significant. For some families, the cost is the loss of a loved one. Because the judicial system cannot undo what has already been done, it provides a way for accident victims and their families to be compensated for their losses and injuries. While a monetary award will not take away the pain, it can help provide a measure of justice as well as ease the financial burden caused by a car crash.
Some of the damages victims may be compensated for in a car accident include:
- Property damage
- Lost wages
- Medical expenses
- Physical pain and emotional suffering
- Scarring, disfigurement, and permanent impairment
- Future damages, including ongoing medical treatments, personal care, and loss of income
In addition to proving that the other driver caused the accident, we must prove the level of damages. Therefore, careful documentation is essential to receive full compensation for all damages.
Call for a Free Consultation with a Lafayette Car Accident Attorney
With nearly 20 years of legal experience and licensed in all state and federal courts, The Law Offices of Blaine J. Barrilleaux can handle all Louisiana car accident cases. Call 337-989-1212 or 504-218-4419 to schedule a free consultation with a car accident attorney.
