Almost everyone knows the feeling of being distracted by a cell phone or smartphone when you should be paying attention to something else. Unfortunately, many people allow themselves to become distracted with their phones while operating a vehicle, even though it has been illegal in the state for years.
Texting and driving offenses that lead to serious auto accidents can serve as strong grounds for civil lawsuits—if you understand and can effectively enforce your rights. To pursue claims involving texting while driving car accidents in Prairieville as effectively and efficiently as possible, get in touch with a car accident attorney from Tomeny | Best sooner rather than later.
Texting While Driving as Grounds for a Civil Claim
Because texting and driving is illegal under Louisiana Revised Statutes § 32:300.5, it qualifies as a breach of the duty of care all drivers must uphold to act lawfully and responsibly behind the wheel. Therefore, if someone causes a car wreck because they were texting and driving in Prairieville, they have met the criteria for being legally negligent. As a result, every person injured in that wreck can sue for damages.
In addition to out-of-pocket expenses not covered by insurance—such as short-term medical bills and car repair costs—a lawsuit or settlement related to this sort of crash can also seek restitution for long-term harm, including future medical expenses, lost work income, physical pain, and psychological distress. Representation from a seasoned car accident lawyer can be vital not only for identifying the damages to include in a claim but also for assigning a fair financial value to the damages.
Getting Around Legal and Procedural Obstacles
Legal counsel can help fight accusations made by a texting driver who claims that the person they struck was partly at fault. This defense strategy can be more effective than many crash victims expect because of the pure comparative fault system outlined in Louisiana Civil Code § 2323, which allows courts to reduce the total compensation available to a plaintiff in proportion to their assigned percentage of fault.
Most importantly, a skilled Prairieville attorney could ensure that someone injured in a texting while driving car wreck formally files a strong civil claim well before the deadline set by state law. According to LA Civ. Code § 3493.1, most personal injury plaintiffs have a maximum of two years from the date of initial injury to file suit. Failing to meet this deadline will result in being time-barred from ever seeking compensation for that incident.
Discuss Legal Options With a Prairieville Attorney After a Texting While Driving Car Accident
Getting seriously hurt because someone else was texting behind the wheel can be a frustrating and life-changing experience. Fortunately, you have the right to demand comprehensive compensation from the person responsible for the collision. The dedicated auto accident lawyers at Tomeny | Best are ready to help.
The custom-tailored support victims need to get the best possible case results after texting while driving car accidents in Prairieville is just a phone call away. Get in touch today for a free consultation.
