How do distracted driving laws affect an accident lawsuit in Red Oak?
Red Oak, LA – Distracted driving from cell phones and related electronic devices has become a leading cause of accidents in Louisiana and the rest of the country. Jurisdictions have moved to pass laws prohibiting the use of these devices in most situations where the driver is actively operating their vehicle. Violators may be stopped by the police, fined, and even sued if they harm someone else. People who have been hurt by a distracted driver in Red Oak can get legal advice to see if compensation for their injuries is available.
Restrictions on phone use and driving
The state of Louisiana has outlawed various types of distracted driving.
All drivers under the age of 17 can never use an electronic device or phone while driving unless they are reporting an emergency. Texting and driving is always prohibited in a moving vehicle. Drivers who are aged 18 and older can only use voice based communications while driving, and all use of mobile devices in school zones is illegal. All drivers are also prohibited from browsing the internet or using social media sites and applications while driving. Commercial drivers, such as those operating trucks and buses also have similar prohibitions that are set by the federal motor carrier safety administration.
There are some exceptions to this law if there is a legitimate emergency or other situations that require the use of phones and electronic devices.
If someone is caught violating this law by the police, they will be fined several hundred dollars. For people with prior offenses, the dollar amount increases and there is the possibility of a driver’s license suspension.
Negligence lawsuits and violations of distracted driving laws
A person who is sued for causing an accident will be named as the defendant in a negligence case. This type of lawsuit argues that the defendant breached their duty of care on the roads, and caused harm whether through distracted driving or other means. If the plaintiff is successful, the defendant will have to pay for their costs related to injuries and medical care, missed time from work, pain and suffering, and property damage.
Violations of distracted driving laws are treated as evidence of negligence. This may strongly indicate that the person responsible for the crash was negligent as a matter of law. They would likely need to settle the case and compensate the plaintiff for any harm that they caused while engaged in the act of distracted driving.
Injury attorneys in Louisiana
There are lawyers who focus their practice on helping injured people in Red Oak. Anyone who has recently been involved in an accident can get in touch with Miller, Hampton, and Hilgendorf for assistance.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com