Texting while driving is a common but very dangerous practice. If you were injured because another driver was distracted by their phone while operating a vehicle, you’re most likely entitled to major financial compensation as a result. State law doesn’t permit texting while driving in most situations, especially without a hands-free device. Too many people choose to do it anyway, which brings serious injuries and fatalities to innocent drivers.
If you were in a texting while driving accident in Ruston, you can fight to hold the defendant legally and financially responsible for your damages. Let a professional car wreck attorney fight on your behalf by filing your claim, working with insurance companies, and protecting your interests.
Texting and Driving Laws in Ruston
Louisiana Code § 32:300.5 applies to texting while driving situations within the state. This forbids any person from operating a motor vehicle while using a wireless communications device to write, send, or read texts or emails, or access, read, or post to social media.
Use of a Conviction in a Civil Case
The law permits the use of a criminal case as proof of the defendant’s negligence per se in appropriate situations. This means that the violation of the statute can be used as evidence to prove that the defendant was negligent—this also saves a great deal of time and trouble proving other elements of the case.
You and your attorney do still have to prove the connection between the driver’s negligence and your injuries, but their violation can still be incredibly useful in your case. A determination of negligence in the case requires looking at police reports, tickets, witness accounts, and much more. Your legal representative can also analyze your damages to connect them to the defendant’s wrongful conduct.
Comparative Fault Situations in Ruston
A defendant’s texting while driving doesn’t necessarily mean the accident is entirely their fault. Many defendants will claim that the plaintiff was also negligent in some way that contributed to the accident. When these accusations occur, a comparative fault analysis must be conducted.
Under state law, a judge is to determine the percentage of a plaintiff’s fault. Once the judge gives that percentage, it’s used to reduce the individual’s total damage award by the amount they were held responsible for the accident. For instance, if you were determined to be 30% at fault for your injuries, 30% would be deducted from your total damages. An experienced local lawyer can further explain the comparative fault rule and how it applies in your case.
Consult an Attorney About Your Texting While Driving Accident in Ruston
Filing an injury claim can seem overwhelming, especially when you’re already dealing with the aftermath of your car crash. If a driver was texting while driving and caused your accident, you have the right to seek financial compensation against them.
You deserve to build back your future, and our firm is available to help you do so. To discuss your texting while driving accident in Ruston, reach out to our office for a private consultation.