St. Tammany Parish Texting While Driving Car Accident Lawyer
Among all fatal crashes in the United States, a large proportion involved distracted drivers, many of these accidents were caused by texting while driving. While ordinances penalizing texting and driving have proliferated in recent years, drivers distracted by texting remains a serious problem. Someone in St. Tammany Parish injured in such an accident could learn about potential legal consequences by contacting a texting while driving accident attorney.
Legal Penalties for Texting While Driving in St. Tammany Parish
State law, under Revised Statutes of Louisiana Articles§32:300.5 and 414.2 prohibits using wireless devices to send, read, or write texts and interacting with social networking sites or applications while driving. The ban does not include devices that are part of, or permanently attached to the vehicle, and some exceptions exist for emergency and professional uses. A first offense brings a moving violation imposing a $500 fine which doubles if a traffic accident occurs.
Among several offenses classified as serious traffic violations, texting while driving a commercial vehicle could permanently disqualify the driver from operating such a vehicle, causing the suspension or revocation of their commercial driver’s license or learner’s permit. While in some cases, the license may be reinstated after ten years, but a second offense results in disqualification for life.
Civil Claims for Injury or Death
In addition to any criminal charges that arise, someone injured in a motor vehicle accident may also choose to bring a civil claim against other parties involved. Under the Louisiana Civil Code, an act causing damage to another obligates the party at fault to compensate the party harmed. Any spouse or children of the deceased may bring a claim, and if no spouse or child survives, the right may extend to other close family members.
Family members may also recover in a wrongful death lawsuit for damages they suffer after a loved one’s death. When the deceased initially remains alive after an injury but later passes away, a survival action may be brought on their behalf by their spouse, children, or, if need be, other family members to recover for any injury to the deceased or their property. Someone in St. Tammany Parish involved in such an accident, or the family of someone involved who does not survive, could learn about their options for recovering damages by getting in touch with a texting while driving accident attorney.
Determining Fault for Damages When a Driver was Texting
When assessing civil damages, Louisiana applies the principle of pure comparative fault, calculating the degree of contribution to the loss, injury, or death in question by all parties involved, calculated as a percentage, and making each party liable to the extent of their contribution. Even a plaintiff determined to be more than 50 percent at fault for their losses may collect a percentage of the total calculated damages from another party based on the other party’s share of responsibility. Someone in Tammany Parish who may share liability for their own injuries in an accident can assess their likelihood of recovering any part of the total damages from other parties involved by discussing their case with a texting while driving accident attorney.
Contact a Lawyer Who Could Help You Seek Restitution
Nearly any driver involved in an accident while texting will bear some responsibility for injuries resulting from the accident. If you suffered an injury under such circumstances because someone else was distracted, you have good cause to seek legal counsel regarding the recovery of damages.
Schedule a meeting with a St. Tammany Parish texting while driving accident lawyer to discuss the accident, your injuries, and the potential liability of others. If damages are due, you have a right to pursue them. Call now.