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Distracted driver may be sued in Louisiana

Serious accidents often occur as a result of a person's decision to drive while distracted. For instance, some drivers choose to text while behind the wheel. If an individual is injured in Louisiana by a distracted driver, he or she has the right to seek legal recourse.

In addition to a ban on texting, drivers in Louisiana cannot use mobile phones to write, send or read Internet-based messages. These include posts on social media. Punishment for distracted driving, such as texting and driving, may include fines and a loss of driving privileges.

Federal laws were created to ban particular federal employees from texting and driving.  However, for a majority of people, texting and driving has legal implications that depend on both local and state law. If texting and driving contributes to an accident, authorities might decide to charge the distracted driver for a more serious violation, such as reckless driving.

If a person in the state of Louisiana is hurt in an accident caused by a distracted driver, he or she may choose to file a personal injury claim, seeking the reimbursement of monetary damages from the party or parties believed responsible for the accident. A successfully litigated claim may lead to a damage award, which might help to cover hospital bills, the loss of wages and other financial losses tied to the accident. The award may also help to address pain and suffering stemming from the motor vehicle crash. Claims for financial damages will be determined once liability has been established in accordance with applicable laws.

Source: Findlaw, "Texting While Driving", Accessed on Dec. 15, 2016

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