Distracted Driving Accident Lawyers in New Orleans

Three Categories of Driving Distractions

Driving distractions are generally broken down into three categories:

• Manual Distractions: These are things that cause the driver to remove one or both hands from the steering wheel, such as changing the radio station or holding a cell phone.
• Visual Distractions: These are any distractions that take the driver’s eyes off the road, such as billboards or accidents along the roadway.
• Cognitive Distractions: Cognitive distractions are those that cause the driver to lose focus on the road, such as daydreaming or talking to a passenger.

Often, distracting activities involve more than one type of distraction. For example, texting while driving is so dangerous because it involves all three categories: the driver is manually distracted as they hold the cell phone to type, they are visually distracted by looking at the text message, and they are cognitively distracted because they are thinking about what the text message is communicating, not the task of driving.

What are Examples of Distracted Driving?

While texting/using a cell phone while driving is commonly thought of as the main type of distracted driving, there are many activities a motorist can do behind the wheel that constitute distracted driving.

Some common examples of distracted driving include:

• Texting
• Using a smartphone
• Eating and/or drinking
• Personal grooming
• Reading
• Using a GPS system
• Adjusting a radio
• Talking with passengers
• Reaching for something that fell
• Attending to children/pets in the car
• Daydreaming
• Rubbernecking (looking at an accident)
• Looking at signs or billboards along the highway

These and other driving distractions can seem innocuous to the driver—but even a few seconds of looking away from the road can be enough to cause a crash.

How to Prove Liability in Distracted Driving Accidents

Because Louisiana is what is known as a “tort state,” victims of car accidents typically must file a claim against the at-fault driver’s insurance company (or a lawsuit against the at-fault driver) to recover compensation for their damages. This involves proving that the other driver was, in fact, at fault for the accident and is, therefore liable for your injuries and losses.

However, proving liability in a distracted driving accident case can be difficult. The other driver is likely to deny that he or she was distracted, meaning you will need clear evidence supporting your claim. Additionally, while distracted driving typically constitutes negligence, Louisiana’s distracted driving laws primarily focus on cell phone use and texting. If you can demonstrate that a driver caused an accident because he or she broke the law by illegally using a cell phone while driving, you may have an easier time proving fault than if the other driver was engaged in another type of distracting behavior.

At The Womac Law Firm, our New Orleans distracted driving accident attorneys understand the many complexities involved in these types of claims. We work hard to prove liability for your damages by conducting exhaustive investigations into what caused the accident. This might involve reviewing the other driver’s cell phone records, talking to witnesses who saw what happened, reconstructing the accident scene, obtaining video footage from nearby security cameras, and/or going over your medical records. Our firm is committed to leaving no stone unturned in our pursuit of the maximum compensation you are owed for your medical bills, lost income, and pain and suffering.

No Recovery, No Fee—Guaranteed

At The Womac Law Firm, we believe that nobody should be left to deal with the aftermath of another driver’s carelessness on their own. Through negotiations with the involved insurance companies and a detailed examination of the evidence surrounding your accident, we can fight to maximize your recovery and help you get back on your feet as quickly as possible. Best of all, our services are offered at no risk to you, as we will not charge you a dime unless we are successful in securing a fair settlement on your behalf.