Who Is Liable for an Accident Caused by Distracted Driving?

The ring of a cell phone, the ping of a text message, the urge to check social media – these seemingly harmless distractions can have deadly consequences behind the wheel. Distracted driving has become a national epidemic, contributing to a rising number of car accidents and leaving a trail of shattered lives in its wake.

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 devastation caused by 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.

The Alarming Rise of Distracted Driving

Distracted driving is any activity that diverts attention from the primary task of driving, including:

  • Texting: One of the most dangerous distractions, as it involves visual, manual, and cognitive distraction.
  • Talking on the phone: Even hands-free devices can significantly impair a driver’s focus.
  • 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

  • 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.

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. Here’s how we gather evidence:

  • Police Reports: Police reports often document witness statements, observations of the accident scene, and any citations issued.
  • Cell Phone Records: We 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.

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.

Share:

Facebook
Twitter
Pinterest
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

Table of Contents

Don’t Stop Here

More To Explore