How Do I Prove Distracted Driving in Louisiana?
We’ve all done it. You get a text message on your way home from work. You know you could wait to answer it. But instead you text while trying to negotiate busy traffic. What you may not realize is this is one of the most dangerous things you could do. Taking your eyes off the road for just 2-3 second on the highway is like driving the length of a football field with your eyes closed. It’s just not smart.
Despite the obvious dangers of distracted driving, people still do it all the time. Distracted driving is one of the leading causes for traffic accidents in Louisiana. People get hurt and even killed due to this type of behavior.
Distracted driving is illegal in just about every state. The problem is, people never think they’ll get caught. Sure, they try to hide the fact that they’re texting or talking on their cell phones. However, when it comes to other types of distracted driving, they don’t tend to think there’s anything wrong with it. A Louisiana injury lawyer knows this isn’t true. They handle dozens of cases every year where people are killed in distracted driving accidents.
What is the Law in Louisiana?
In Louisiana, it’s illegal to drive while using any type of handheld electronic device. Specifically, Louisiana statutes prohibit the following:
- Write, read or send any form of text message, on your cell phone or on social media
- Access, read or post to any form of social media
- Talk on your cell phone in a school zone or during school hours
This law clearly applies to cell phones and other electronic devices. However, the law in general requires drivers to pay attention to the road while driving. If you’re caught driving in a careless or reckless manner, you can be charged with an offense. This is because the courts understand how dangerous distracted driving accidents are.
If you’re caught distracted driving in Louisiana, you’ll face the following penalties:
- 1st Offense – Fines up to $500
- 2nd Offense – Fines up to $1,000 and a 60-day license suspension
- If there is an accident involved, the fines and suspension times double
If you’re caught distracted driving, you’ll be facing these expensive fines. And, if you’re in an accident that involves distracted driving, you’re going to need a lawyer.
The good news is, these laws help protect drivers like you. If someone does crash into your car, your Louisiana injury lawyer can help get you justice.
Types of Distracted Driving
Texting and driving is not the only type of distracted driving. It’s actually the third leading cause of distracted driving accidents in the U.S. Studies have found that daydreaming and watching other people on the road are the two main types of driving distractions. Now, there’s nothing to prevent this. There are no laws that say you can’t daydream. However, these other types of distractions are illegal:
- Eating and drinking
- Reading posts on social media
- Watching videos
- Searching for music
- Playing with your GPS
- Putting on makeup
These are the types of things that cause accidents. People don’t think twice about eating their fast-food in their car during their lunch breaks. And we get it. In this fast paced world, we don’t have time to do anything. So we understand that people try to multitask while on the road. The problem is, this shouldn’t be at the risk of other people.
How Will Your Louisiana Injury Lawyer Prove Distracted Driving?
Your accident attorney in Baton Rouge will have his hands full trying to prove distracted driving. For texting and phone calls, it’s not that difficult. He can subpoena the other driver’s cell phone records. But even then, it’s hard to pin down the exact moment when an accident took place.
Here are some of the other ways your lawyer can help prove distracted driving:
- Dashcams and other video recordings
- Statements made by the drivers and passengers
- Police report
- Eyewitness accounts
- Testimony and depositions of the people involved in the accident
You may not think the passengers in the other car will want to turn in their friend. However, you have to remember, these people were hurt too. They may have to file their own claims against the other driver’s insurance company. The may be more willing than you think to testify that their friend was distracted at the time of the accident.
Call a Louisiana injury lawyer today and schedule your free initial consultation. You need someone by your side who can get you the compensation you deserve.