Lafayette Texting & Driving Accident Lawyer

Texting and Driving Accidents

If you or a loved one has been injured because another driver couldn’t resist checking their phone behind the wheel, our Lafayette texting & driving accident lawyers can help you negotiate with insurance providers and fight for your compensation.

In the state of Louisiana, texting and driving accidents are a serious issue. In fact, according to the latest Everdrive Safe Driving Report, 43 percent of drives included at least one distracted event. Cell phone use while driving not only puts the texter at risk. It places other drivers, passengers, and pedestrians in harm’s way.

For over 50 years, the Law Offices of Richard R. Kennedy have fought for justice in Lafayette and across Acadiana. We’ve helped local clients recover compensation after distracted drivers caused serious highway crashes on I-10, rear-end collisions on Johnston Street, and intersection wrecks along Kaliste Saloom Road.

Reach out to our attorneys, Richard Kennedy and Richard Kennedy III, by scheduling a consultation online or calling (337) 232-1934.

Laws Regarding Texting and Driving in Louisiana

In 2023, 2.44 million people were injured in car accidents throughout the US, with non-lethal injuries averaging $162,000 in damages, and distracted driving accounted for over 3,200 fatalities.

In simple terms, no one in the state of Louisiana is permitted to text while driving. This includes drivers of all ages and all experience levels. Under Louisiana Revised Statute 32:59, it’s illegal to text, check social media, or read or send messages while driving. Yet even with these texting and driving accident laws in place, distracted driving continues to cause far too many crashes across Lafayette and the Acadiana area. In addition, the law states that:

• Drivers with a learner’s permit or an intermediate license are under a hand-held ban.
• Novice drivers may not use a cell phone at all during their first year of licensure.
• Experienced drivers may talk on their cell phones with a hand-held or hands-free device.
• Commercial motor vehicle drivers and bus drivers are prohibited from any cell phone use whatsoever, regardless of their experience.
• Talking or texting on a cell phone while in an active school zone is prohibited.

Louisiana statute defines texting as any text-based messaging on any wireless device. This includes posting to social media accounts. Any violation of texting and driving laws in Louisiana will include a fine, which can range from $175-$500.

According to the National Highway Traffic Safety Administration, about one-third of all Americans between the ages of 18 and 64 read or send email or text messages from their mobile devices while driving.

There are, however, certain situations in which cell phone use is allowed. For example, you may use your phone if:

• You are parked legally
• Your personal safety is at risk
• You need to report an accident, traffic hazard, or another emergency
• You need to report criminal behavior
• You operate an emergency vehicle and need to use your cell phone for work-related reasons

Distracted Driving and Common Accident Scenarios

Texting while driving is especially dangerous because it pulls a driver’s eyes, hands, and focus away from the road all at once. Common accident types include:

• Rear-end collisions
• Lane drift
• Intersection accidents
• Pedestrian and cyclist accidents
• Side-impact T-bone collisions
• Parking lot crashes
• Highway weaving accidents
• Chain-reaction pileups
• Backing accidents
• Head-on collisions

At the Law Offices of Richard R. Kennedy, our experienced team is dedicated to guiding clients through every step of a texting & driving accident claim, ensuring they receive the compensation they deserve for injuries and losses caused by distracted motorists.

Texting and Driving: Statistics and Trends

Texting demands your attention and involves manual, visual, and cognitive skills. It is impossible to give your full attention to driving when you are using your mobile phone. According to the National Safety Council:

• Individuals who text and drive are 23 times more likely to be involved in an accident.
• Ten Louisiana residents were killed in texting and driving accidents in 2021.
• Sixty-four percent of vehicular accidents in the United States involve cell phone use.
• Five percent of car crashes in the United States are directly caused by texting while driving.
• Texting while driving is statistically more dangerous than being intoxicated behind the wheel.
• If moving at 55 miles per hour, it only takes five seconds to drive the entire length of a football field.
• Texting while driving causes 330,000 injuries and 1.6 million accidents every year.

Cell phone use while driving is a widespread concern across the nation. According to the National Highway Traffic Safety Administration, about one-third of all Americans between the ages of 18 and 64 read or send email or text messages from their mobile devices while driving. On a national level, this behavior results in approximately 420,000 injuries every single year.

With these sobering statistics, why do so many individuals continue to text and drive? Unfortunately, many drivers simply overestimate their abilities. In fact, 77 percent of teens and 55 percent of adults believe that they can safely text while driving. As a result, they continue to place themselves and others in dangerous, life-threatening situations.

Proving Liability in a Texting and Driving Accident

Individuals have been distracted while driving for decades. Since the invention of the automobile, drivers have exhibited reckless behavior while talking to passengers, adjusting the stereo, glancing at maps, and more. The advent of certain technologies, including smartphones, has exacerbated this problem with ongoing access to texting, email, social media, and online videos.

In texting and driving cases, the plaintiff has the burden of proof. This means he or she must prove the accident occurred as a result of the other driver’s negligence. With the help of a skilled lawyer, it is usually possible to obtain evidence like:

• Cell phone records to confirm activity at the time of the crash
• Witness statements from passengers, bystanders, or responding officers
• Surveillance or dash cam footage showing distracted behavior
• Accident reconstruction reports from expert witnesses

These often help prove that the defendant was distracted during the time of the accident.

If there is evidence to do so, the defendant may claim that the crash was also the fault of the plaintiff. This does not defeat the original claim altogether, but it may result in a reduction of the plaintiff’s compensation.

Proving liability in a texting and driving accident claim requires careful investigation and clear evidence. At the Law Offices of Richard R. Kennedy, we use every tool available to build a strong case, protect your rights, and pursue the full compensation you deserve.

Compensation Available for Victims

If you or a loved one has been injured by a negligent driver, you may be entitled to compensation. Louisiana negligence laws state that when a duty of care is breached by an individual, and injury to others occurs as a result, the driver may be held accountable for Economic damages are the tangible, out-of-pocket costs you can tally with receipts, invoices, and pay stubs.

Non-economic damages address the more personal and intangible effects of the accident. In fatal cases, the at-fault driver could be responsible for compensation, including:

• Economic damages, like medical expenses, lost wages, rehabilitation costs, and property repairs.
• Non-economic damages, including pain and suffering, emotional distress, and reduced quality of life.
• Wrongful death damages, including funeral expenses, loss of companionship, and future income losses for surviving family members.

Every texting and driving accident claim is different, and the compensation you’re entitled to depends on the circumstances of your accident. At the Law Offices of Richard R. Kennedy, our Lafayette team works closely with clients to assess all potential damages and fight for the maximum recovery allowed under Louisiana law.

What to Do After a Texting & Driving Accident

Knowing what steps to take immediately after a crash can make a significant difference when protecting your rights and strengthening your texting and driving accident claim. Acting quickly and thoughtfully helps preserve evidence, document your injuries, and ensure that you comply with Louisiana law while setting the stage for a smoother recovery process. Those steps include:

1. Calling 911 and making sure a police report is filed
2. Seeking medical attention right away, even if injuries seem minor
3. Exchanging information with the other driver, but not admitting fault
4. Documenting the scene with photos and videos
5. Getting witness contact information for follow-up statements
6. Consulting a Lafayette texting and driving accident attorney before speaking with insurance adjusters

Taking the right actions after a distracted driving crash can have a major impact on the outcome of your case. The Law Offices of Richard R. Kennedy in Lafayette is here to guide you through every step, helping you protect your interests and pursue the compensation you need to move forward.

Why Should I Hire a Texting & Driving Accident Lawyer?

Texting and driving is a serious offense that can result in catastrophic injuries, lifelong disability, or death. As a result, the victim or his or her family may be left facing severe financial hardships. It is not necessary to go this road alone. An experienced attorney is an effective ally who can help you navigate your case and receive the compensation you deserve. The lawyers at our firm can investigate your case and document details, such as proof of the other driver’s negligence. We are fully prepared to negotiate or take your case to trial. We will do whatever it takes to help you recover your losses from this unfortunate event.

Contact the Law Offices of Richard R. Kennedy

If you or a family member has been injured due to the negligence of a driver who was texting behind the wheel, we can represent you in a court of law. To schedule a consultation at our firm, contact us online or call us at (337) 232-1934.

We Fight to Win Fair Compensation

Legal deadlines, medical bills, lost wages, and the pain that lingers after an accident can build up and feel overwhelming. The Law Offices of Richard R. Kennedy in Lafayette, Louisiana, offer the peace of mind that comes with knowing you have diligent, committed car accident attorneys on your side.

Our injury lawyers, Richard R. Kennedy and Richard R. Kennedy III  are personally committed to success in every case they take. They have won millions on behalf of injured clients.

If you’re interested in learning more about how our noted car accident attorneys can help you, contact our law firm either by leaving a message online or calling: (337) 232-1934