Is Distracted Driving a Problem in Louisiana?

Distracted driving is a huge problem in Louisiana and throughout the country, and it is a leading cause of car accidents. Texting while driving, a type of distracted driving, is particularly dangerous, as the person’s hands and eyes are on their smartphone. In this video, attorney Jason Weaver explains how he has handled a number of texting while driving accidents, and how he can prove another driver was on a smartphone when he or she caused a wreck.

Video Transcription:

Texting while driving, I think, is one of the most dangerous things to come about in the last few years. It’s just so easy to get distracted and, and I see people doing it all the time. It is a very dangerous thing. I don’t know if there’s going to be a quick fix legislatively or law enforcement-wise. Because it is just such a quick and easy little process to do. But, it is one of the number one reasons we see people come into our office. And that a person was texting and driving. Or, you read an accident report and the person who hit them says yeah, I was looking down on my phone or something like that. It is incredibly dangerous to do and something that, you know, we would suggest you not do. Texting while driving is not legal in the state of Louisiana. If someone is an accident and you believe that the other driver was texting, or on the phone, in the context of litigation meaning a lawsuit has been filed, we can subpoena records from the cellphone company. Louisiana though, has not decided that you should be awarded punitive damages for somebody texting and driving. You are allowed to receive punitive damages, punitive meaning to punish the person. As opposed to compensatory damages, which are damages that are for medical bills, or pain and suffering, or lost wages. Things you can quantify. Punitives are, by nature, to punish you. To deter that type of conduct in society. But Louisiana, we have not decided that you can get punitives for texting and driving. The only driving scenario in Louisiana you can get punitive damages is drunk driving. We have decided that, that is so beyond the bounds. We don’t want people to do that. We want to deter that. That you can get punitive damages, if the person that hits you was drunk and driving. For more information, or for a free consultation give us a call (337)984-8020. Or, visit our website, thanks.


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The law firm of Galloway Jefcoat, LLP is located in Lafayette, Louisiana, serving the communities of the Acadiana Region, including Rayne, Crowley, and Abbeville. Our attorneys represent residents in Jennings, Church Point, and Breaux Bridge, with successful verdicts and settlements for those in Maurice, Broussard and Youngsville. With office locations in Lafayette and Lake Charles, we assist Sulphur, Calcasieu, and Carencro residents. New Iberia, St. Martinville, and Jeanerette residents can depend on our lawyers for quality representation. Our services also reach Scott, Opelousas, and Franklin, LA. Since 1996, our firm has turned wrongs into rights for individuals and families in Lafayette Parish, St. Martin Parish, St. Landry Parish, and Vermillion Parish in addition to Acadia Parish, Iberia Parish, Jefferson Davis Parish, and Evangeline Parish.

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