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Experienced Baton Rouge Distracted Driving Accident Lawyers Near Me
In our increasingly interconnected world, we use our smartphones for more varied things than ever. From making calls or texting friends and family, to finding and navigating to a good place to eat, and even checking the latest news, our phones are an indispensable tool in modern life, but they can also cause dangerous car accidents in Baton Rouge.
However, too many of us drive while using these tools, which distract us from the more important tasks of staying in our lanes, following the flow of traffic, and reacting to sudden changes in road conditions.
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Distracted Driving Statistics in Louisiana
Distracted driving continues to rise as a leading cause of serious accidents in Central, Prairieville, Baton Rouge, and across Louisiana. Statistics reveal:
- 178 people (22%) were killed due to driver distraction or inattention.
- 1,149 serious injuries (32%) were caused by distracted or inattentive driving.
- Many distracted driving crashes involve cell phone use, texting, or other activities diverting a driver’s attention.
What Behaviors Qualify as Distracted Driving?
When most of us hear distracted driving, we immediately think of someone texting, calling, or scrolling through social media while behind the wheel. Using your cell phone while driving is one of the worst ways to distract yourself.
However, any activity that takes a driver’s mind off the road ahead is considered a distraction, and these are the most common types of distracted driving:
- Eating
- Personal grooming
- Adjusting the audio system
- Talking to passengers
- Rubber-necking
- and more
Types of Distractions Baton Rouge Drivers Face
Baton Rouge distracted driving accidents don’t just involve texting. There are four main types of distractions experienced by drivers while behind the wheel. Texting is so dangerous because it combines three of these distractions, but even a phone use car crash caused by other forms of phone-related distraction can lead to serious accidents.
- Visual Distractions: Anything that takes your eyes off the road, like turning to talk to a passenger or reading a billboard.
- Manual Distractions: Using your hands for anything other than steering, such as searching for sunglasses, adjusting the radio, or eating and drinking.
- Auditory Distractions: Loud music or conversations that distract your focus. If passengers distract you, consider silence to stay safe.
- Cognitive Distractions: When your mind drifts from driving, including drowsiness, highway hypnosis, or stress, some of the most dangerous distractions are.
Louisiana Laws Regarding Texting and Driving
In 2008, Louisiana passed several laws to curb distracted driving on its highways and byways. These statutes differentiate between three stages of drivers and apply progressive restrictions to each.
All Louisiana Drivers
According to LA RS 32:300.5, Use of specific wireless telecommunications devices for text messaging and social networking prohibited, no Louisiana driver is allowed to drive or operate a vehicle while using a wireless telecommunication device to
- Write, send, or read any type of text-based communication
- Access, read, or post to social media
- Engage in a voice call in a school zone during posted school hours
The law also outlines a few exceptions to these rules:
- Emergency personnel can use their device when operating in their official duties
- Drivers can use the GPS system of their device
- Drivers can use their device to report an emergency or criminal act
Drivers caught illegally using their cell phones or other wireless devices will be fined up to $500 for their first violation. Subsequent violations carry a license suspension of 60 days and up to a $1,000 fine. Those fines are doubled if the driver’s distraction results in a collision. If you’ve been hit by someone who was on their phone, be sure to consult an experienced texting while driving accident lawyer to get the compensation you deserve!
Drivers with Learner’s Permits and Intermediate Licenses
Drivers with Louisiana Class E learner’s permits or intermediate licenses are subject to LA RS 32:300.6, which prohibits using a cell phone unless using hands-free technology. The exceptions for reporting emergencies from above still stand.
The penalty for the first violation of this statute is a $500 fine, and for subsequent violations, a $1,000 fine. These fines are doubled if the distraction led to a collision.
Underage Louisiana Drivers
For Louisiana drivers under 18 years of age, LA RS 32:300.7 states that texting or talking at all while operating a motor vehicle is illegal, except for emergency or crime reporting, as discussed above. The penalties for this group of drivers are up to $250 for the first violation, a 60-day license suspension, and up to $500 in fines for subsequent violations. Of course, these fines are doubled if distracted driving leads to a wreck.
How a Distracted Driver Can Impact Your Baton Rouge Personal Injury Claim
The law protects you if you’re injured in a Prairieville distracted driving accident or truck accident in Baton Rouge. The driver using their phone may face criminal penalties, and you can file a civil claim for damages.
To win damages, you must prove the driver’s negligence—texting while driving is strong evidence of fault, increasing your chances of compensation.
Hiring an experienced Baton Rouge personal injury lawyer is crucial. Gordon McKernan Injury Attorneys have the experience to prove negligence and secure the compensation you need to recover.
What to Do If a Distracted Driver Caused My Crash in Baton Rouge?
If you or a loved one has been injured by a driver not paying attention or otherwise distracted, you could be facing medical bills, car repair costs, and the burden of lost work. While the law is on your side after such an event, finding the compensation you need to move on with your life is not always guaranteed.
Insurance companies are built to maximize profits, not pay you what you deserve for your injuries. They’ll offer to pay out the smallest amount legally possible, leaving you with the bill for most of your damages.
Contact Our Texting and Driving Accident Attorney Near Prairieville
Injured in an Accident? Find Legal Help Near You
The Baton Rouge car accident lawyers at Gordon McKernan Injury Attorneys understand that it takes much more than the minimum to account for everything you’ve been through and the hardships you’re still facing.
That’s why we’ve dedicated ourselves to fighting for you and your rights. We will help you procure the maximum amount we can for you to heal. The G Guarantee means that you won’t owe us a dime if we don’t win!
When you need a dedicated legal advocate for your injuries, call Gordon McKernan at 225.351.7513 for a free consultation. We’re devoted to our Baton Rouge, Prairieville, and Central clients, so call us today.
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