Distracted Driving Accidents: A Growing Epidemic on Louisiana Roads

The sun was shining, the radio was playing, and Sarah was driving home from work, thinking about the dinner she was going to make. Suddenly, a car swerved into her lane, and before she could react, there was a deafening crash. The impact sent her car spinning, and she felt a sharp pain in her chest. Dazed and confused, she realized she had been hit by a distracted driver who had been texting behind the wheel.

Sarah’s story is, unfortunately, not unique. Distracted driving has become a dangerous epidemic on Louisiana roads and across the United States. Every day, countless individuals are injured or killed due to drivers who choose to take their eyes off the road, their hands off the wheel, or their minds off the task of driving.

At Bart Bernard Injury Lawyers, we’ve been fighting for the rights of accident victims in Louisiana for 30 years. We’ve seen firsthand the devastating consequences of distracted driving, and we’re committed to holding negligent drivers accountable. Our promise is simple: “I’ll be with you every step of the way” as we navigate the complexities of your case and seek the justice you deserve.

FREE CASE EVALUATION

The Dangers of Distracted Driving

Distracted driving is any activity that diverts attention from the primary task of driving. While texting is one of the most dangerous distractions, any activity that takes your eyes off the road, your hands off the wheel, or your mind off driving can increase the risk of an accident.

Common distractions include:

Texting: Reading or sending text messages involves visual, manual, and cognitive distraction, making it one of the most dangerous activities while driving.
Talking on the phone: Even hands-free devices can significantly impair a driver’s focus and reaction time.
Eating or drinking: Taking your hands off the wheel and eyes off the road to eat or drink can be risky.
Adjusting the radio or GPS: Fiddling with controls can take your attention away from driving.
Talking to passengers: Engaging in conversations can distract from the task at hand.
Grooming: Applying makeup, combing hair, or other grooming activities while driving are dangerous distractions.
Daydreaming: Allowing your mind to wander can lead to inattentive driving.

Distracted Driving Statistics: A Grim Reality

The statistics on distracted driving paint a sobering picture:

Fatal Crashes: In 2021, distracted driving was a factor in 3,522 fatal crashes in the U.S. (Source: National Highway Traffic Safety Administration (NHTSA))
Distracted Driving Fatalities: In 2020, distracted driving claimed the lives of 3,142 people in the U.S. (Source: NHTSA)
Teen Drivers at Risk: Drivers under 20 years old have the highest proportion of distraction-related fatal crashes. (Source: NHTSA)
Underreported Statistics: Experts believe distracted driving crashes are significantly underreported, as it can be difficult to prove distraction as the cause.
Louisiana’s Problem: Louisiana has the 7th highest rate of distracted driving fatalities in the nation. (Source: Zendrive)

The Consequences of Distracted Driving Accidents

Distracted driving accidents can have devastating consequences, including:

Serious Injuries: Traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and amputations.
Fatalities: Thousands of people lose their lives each year due to distracted driving crashes.
Emotional Trauma: Accident survivors and families of victims often experience emotional distress, anxiety, and PTSD.
Financial Hardship: Medical bills, lost wages, and property damage can create significant financial burdens.

Who Is Liable in a Distracted Driving Accident?

In Louisiana, the driver who caused the accident due to distracted driving is generally liable for the resulting injuries and damages. This means they can be held financially responsible for:

Medical expenses: Past and future medical bills related to the injuries.
Lost wages: Income lost due to the inability to work.
Property damage: Repair or replacement of damaged vehicles or other property.
Pain and suffering: Compensation for physical and emotional pain.
Other damages: This may include loss of enjoyment of life, disability, and disfigurement.

Beyond the Driver

Other Potentially Liable Parties

While the distracted driver is usually the primary liable party, other parties may also share responsibility in certain circumstances:

Employer

If the driver was operating a company vehicle and was distracted while performing work-related duties, their employer may be held liable under the legal doctrine of “respondeat superior.”

Vehicle Manufacturer

If a defective vehicle component, such as a faulty braking system or malfunctioning infotainment system, contributed to the accident, the vehicle manufacturer may be partially liable.

Government Entity

If hazardous road conditions, such as poorly maintained roads or inadequate signage, contributed to the accident, a government entity responsible for road maintenance may share liability.

Proving Distracted Driving

Proving that distracted driving caused an accident can be challenging, but experienced attorneys have strategies to gather evidence:

Police Reports: Police reports often document witness statements, observations of the accident scene, and any citations issued.
Cell Phone Records: Attorneys can subpoena cell phone records to determine if the driver was using their phone at the time of the accident.
Witness Testimony: Eyewitness accounts can provide valuable information about the driver’s behavior leading up to the crash.
Vehicle Data: Modern vehicles often have event data recorders (EDRs) or “black boxes” that can provide information about the vehicle’s speed, braking, and other actions before the crash.
Expert Witnesses: Accident reconstruction experts and other specialists can analyze the evidence and provide expert testimony to support your claim.

Louisiana's Distracted Driving Laws

Louisiana has laws in place to combat distracted driving:

Texting While Driving

It is illegal for all drivers to write, send, or read a text-based communication while driving.

Handheld Cell Phone Use

Drivers under 18 are prohibited from using a handheld cell phone while driving.

All Drivers

All drivers are prohibited from using a handheld cell phone while driving in school zones.

How to Prevent Distracted Driving

Preventing distracted driving requires a conscious effort and a change in behavior. Here are some tips:

Put Your Phone Away: Place your phone out of reach or in the glove compartment while driving.
Use Do Not Disturb Mode: Activate the “Do Not Disturb” feature on your phone to silence notifications and calls.
Plan Ahead: Program your GPS or adjust your radio before you start driving.
Pull Over: If you need to make a call, send a text, or attend to other distractions, pull over to a safe location.
Educate Others: Talk to your friends and family about the dangers of distracted driving.

Bart Bernard Injury Lawyers

Your Partners in Seeking Justice

At Bart Bernard Injury Lawyers, we have a proven track record of success in handling distracted driving accident cases. We understand the complexities of these cases and the challenges of proving liability.

Experienced Trial Lawyers

We have skilled trial lawyers who are prepared to take your case to court if necessary to secure the compensation you deserve.

Compassionate Advocates

We understand the physical, emotional, and financial toll that a distracted driving accident can take. We’re committed to providing compassionate support and guidance throughout the legal process.

30 Years of Experience

Our 30 years of experience in Louisiana give us a deep understanding of the state’s laws and legal system.

Don't Face This Alone

If you’ve been injured in an accident caused by a distracted driver, don’t hesitate to contact Bart Bernard Injury Lawyers. We’ll fight tirelessly to hold the negligent party accountable and secure the compensation you need to rebuild your life.

Remember, you don’t have to navigate this difficult journey alone.

We’re here to help you every step of the way.