DISTRACTED DRIVER AND TEXTING ACCIDENTS

If you limit or refrain from the above activities while driving, you will drastically decrease the chances that you will cause an accident.  Furthermore, you will be able to observe other distracted drivers and avoid accidents with them.

Louisiana Law Prohibits Drivers from Texting

Louisiana has followed the lead of many states that prohibit their drivers from texting while operating automobiles.  Louisiana Revised Statute 32:300.5 states in pertinent part:

[N]o person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication.

However, the law still allows a driver to use his or her cell phone to dial a number to make a telephone call.  Drivers should also not use their cell phones while driving to view social media posts, watch videos or direct message other people.  The purpose of Louisiana’s prohibition against texting while driving is to prevent driver distraction.  Driver distraction leads to avoidable accidents.  Drivers should use their common sense and not use their cell phones for other reasons that result in similar distraction.

Common Types of Automobile Accidents Caused by Driver Distraction

The most common type of automobile accident caused by driver distraction is the rear-end accident.  This is easy to see why because most rear-end accidents result from the rear vehicle not braking in time.  A rear-end accident happens because a driver is distracted and does not notice the vehicle ahead slowing in time to apply the brakes.  Other types of accidents that result from distracted drivers include:

• T-bone collisions (side impact)

• Pedestrian and automobile collisions

• Intersection accidents

• Side swipes

• Vehicle backing collisions

Tips to Avoid Distracted Driver Accidents

The best tip to avoid distracted driver accidents is to stay attentive and focused while driving.  If you are driving for long periods focus on staying present and keeping your head out of the clouds.  Remain vigilant for hazards.  Other tips to avoid distraction while driving include:

• Put your phone in “do not disturb” mode

• Get proper rest before driving

• Keep the radio low enough to hear other vehicles’ horns

• Remind passengers not to distract the driver

• Do not drive under the influence of drugs and alcohol

Louisiana Distracted Driver and Texting Accident Attorney

Donald D’Aunoy “Lawyer Don” represents clients injured by distracted drivers.  He regularly has cases where the offending driver is outed for texting while driving before an accident.  Lawyer Don does not take these cases lightly and ensures that his injured clients receive the proper medical attention and that the insurance company of the distracted driver is held accountable for his clients’ damages.  If you or a loved one was injured by a distracted driver, contact Lawyer Don today for a free case evaluation.

Proof of Texting While Driving—Phone Records and Other Ways to Prove Texting

A common way to determine if a defendant driver was text messaging while driving is to request the driver’s phone records.  This type of request can be made after a lawsuit is filed.  A driver’s phone records can also be subpoenaed.  A driver’s phone records are uncoverable because proof that a driver was using his or her phone at the time of the accident may lead to a determination by a judge or jury that the driver was distracted.  Furthermore, drivers also admit to texting to police officers immediately after an accident.  These admissions are usually memorialized in the police officers’ accident reports.  An experienced accident attorney knows to search these reports for these admissions.