How would you rate your defensive driving skills? A defensive driver deploys certain driving habits that help minimize the risk of getting into an accident. By that definition, we should all be defensive drivers.
Unfortunately, no matter how careful you get behind the wheel, you can’t prevent other motorists from acting irresponsibly. When those other drivers engage in distracted driving, their actions can cause severe damage and injuries.
If you’ve been involved in this type of accident, you need to speak to a skilled Baton Rouge distracted driving accident lawyer. At Bianca | Matkins, we can help build a strong case against a distracted driver and get you fair compensation for your losses.
Before we can help you achieve a positive outcome, there are several hurdles we’ll have to overcome. That begins with establishing just what type of distraction was the cause of your accident.
Types of Distracted Driving
Whenever you hear the term distracted driving, you probably think about someone using their cell phone and taking their eyes off the road. However, there are more types of distractions that could be a factor in an accident. Consider these four types:
Visual Distractions
To stay safe when driving, you need to keep your eyes on the road ahead and the traffic on either side of you. A visual distraction is when a driver takes their eyes off the road even for a second.
Manual Distractions
Do you remember the “10 and 2” rule you learned in driver’s education? That referred to the recommended positions you should put your hands on the steering wheel when driving. If you imagine your steering wheel as a clock, placing your left hand at “10” and your right hand at “2” keeps you in control. A manual distraction is taking one or both hands off the wheel.
Auditory Distractions
Listening to music on your car radio and singing along is one of the pleasures of driving. However, if the music is too loud or you’re too focused on your performance, you could become distracted. If you’re driving with passengers who are talking and drawing your focus, it would be an auditory distraction. You might want to curtail your singing and talking. A boring ride is a safe ride.
Cognitive Distractions
A cognitive distraction is best described as a momentary daydream. When driving, this can also be referred to as highway hypnosis. That occurs when you are driving and momentarily blank out.
Sometimes, you could be distracted by several of the above categories. Among the common distractions are the following:
- Sending text messages
- Make a cell phone call
- Applying makeup or fixing your hair
- Eating, drinking, or smoking while driving
- Adjusting the radio
- Reading the GPS navigation screen
- Rubbernecking accidents
- Checking out cars, pedestrians, or other outside happenings
- Daydreaming
- Hands-Free Driving Law
If you use your cell phone when driving, you usually need to take a hand off the wheel to text or place a call. You might also hold the phone in one hand while you make a call. This is one of the reasons why the Louisiana State Legislature enacted a hands-free driving law. This is how the law specifies the restrictions:
No Louisiana driver is allowed to drive or operate a vehicle while using a wireless telecommunication device to:
- Write, send, or read any type of text-based communication
- Access, read, or post to social media
- Engage in a voice call in a school zone during posted school hours
The law has a few exceptions, such as permitting emergency personnel to use their devices during their official duties. Additionally, drivers can use their GPS system on their cell or to report an emergency or a criminal act.
If a driver is caught using their cell phone illegally, they can be fined up to $500 for the first violation. If another violation happens, it could mean a $1,000 fine and possible suspension of 60 days. If your cell phone use is a factor in an accident, your fines could be doubled.
How Your Baton Rouge Distracted Driving Accident Lawyer Proves Fault
When a driver is cited for a hands-free violation, your Baton Rouge distracted driving accident lawyer can use that as evidence of their liability for the collision. That is just one of the ways that fault can be established in these types of accident claims. At Bianca | Matkins, we will deploy all the resources to fortify your claim. Here is how we can determine the at-fault party:
Physical Evidence
We will collect all the physical evidence from the accident scene, including photos of the accident, skid marks, damaged guard rails, and traffic signs. We will also research the weather and lighting conditions at the time of the accident.
Eyewitness Testimony
If there were witnesses to the accident, we’ll secure their affidavit to further support your version of the accident. If the case moves to a civil trial, we will prepare the witnesses to share their testimony before the judge and jury.
Video Surveillance
Municipal traffic cameras might have captured video footage of the accident. Surrounding surveillance cameras from various businesses could also have captured what happened. We’ll be able to track down the sources and obtain copies of the footage to corroborate what happened.
Driver Depositions
We will take depositions from the other drivers and anyone else named as a potential at-fault party. These depositions can be part of your insurance claim or used as evidence in a civil lawsuit.
Cell Phone Records
Cell phone records can be gathered from the at-fault driver that could determine if they were using their phone at the time of the accident.
Accident Reconstruction
We also have a network of traffic experts who can reconstruct the accident and explain to a jury how it happened and who was at fault.
The Dangers of Distracted Driving
Distracted driving accidents are a problem all across the country. Data collected by the National Highway Traffic Safety Administration finds that distracted driving contributed to 3,308 fatal accidents. Locally, the Louisiana Highway Traffic Safety Commission found that 371 people were killed, and another 9,709 suffered serious injuries in accidents caused by distracted driving.
There is a wide range of injuries caused by a distracted driving accident. Which of these injuries are you dealing with due to the collision?
- Whiplash
- Spinal cord injuries
- Fractures
- Sprains
- Lacerations
- Head trauma
- Organ damage
In addition to physical injuries, you could also suffer emotional and mental health issues. These damages fall into the category of non-economic damages and can include the following:
- Pain and suffering
- Depression
- PTSD
- Stress
- Anxiety
- Loss of companionship
- Diminished quality of life
- Disfigurement
There is also the issue of lost wages to be compensated for. If the injuries keep you from working while you recover, you should be able to get those lost wages back. In extreme cases, those injuries could also keep you from returning to your job and force you to take a job at a lower salary. Sometimes, you will not be able to return to work at all. Those are also areas where you could receive compensation.
Getting Help from Bianca | Matkins
Distracted driving is a clear example of a driver’s negligence. If not for their actions, you would not have been hurt or lost your car. At Bianca | Matkins, we are dedicated to achieving a fast and fair resolution designed to make you whole again.
That begins with hearing what happened to you in your accident at a free initial case evaluation. In that meeting, we will examine whatever evidence you’ve gathered and provide the guidance you need to proceed with your case.
If we agree to work together, we can help with your insurance claim. If we can’t find a satisfying resolution, we might suggest filing a civil complaint, and we’ll stay with you through the entire process. It all starts with that first meeting. Call to schedule your consultation with a Baton Rouge distracted driving lawyer.