While headphones and earbuds are great when you are working out or cleaning, they are a dangerous distraction when you are behind the wheel.
In this blog, we discuss Louisiana laws on wearing headphones or earbuds while driving, how they can distract drivers and liability for a collision if a driver was wearing headphones or earbuds. We also explain the evidence that may prove the other driver was wearing them or was otherwise distracted at the time of the crash.
If you have been involved in a car crash due to someone’s else negligence call Galloway Jefcoat. Our auto accident lawyers in Lafayette are prepared to help you determine your legal options. We represent the injured at no upfront cost and have obtained millions on behalf of our clients.
Is It Illegal to Wear Headphones or Earbuds While Driving in Lafayette?
Yes, it is against the law to wear headphones or earbuds while driving in Louisiana. This law defines headphones as headsets, headphones or any other listening device that is put into one or both ears. This excludes hearing aids.
The law allows motorcycle riders to use headsets in their helmets, provided the speakers do not make direct contact with their ears.
Any law enforcement officer or emergency vehicle operator equipped with any communication device to perform a task can still use headphones.
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What Are the Penalties for Driving with Headphones or Earbuds in Lafayette?
In Lafayette, drivers may face a $25 fine plus court costs for driving with headphones or earbuds. They could also face liability for damages if their actions caused a collision. Their insurance company could be held responsible for the victim’s medical expenses, lost wages and more.
Wearing Headphones or Earbuds is Distracting
You need full use of your senses to safely operate a motor vehicle. Headphones or earbuds make it harder to hear what is going on around you, like car horns, emergency vehicle sirens, oncoming cars and pedestrians.
You might also miss sounds emanating from your vehicle, such as noise when braking or something coming from your engine.
You may think wearing headphones or earbuds is not much different from listening to music or a podcast through your car’s speakers. However, headphones and earbuds can create more of a cognitive distraction. It is easier to hear things on your headphones or earbuds, which could cause you to divert focus from driving to what you are listening to.
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Does Wearing Headphones or Earbuds Influence Fault in Car Accidents?
Wearing headphones or earbuds can be distracting, possibly leading to a collision. While the driver would be at fault for any negligent actions that caused the crash, he or she would not necessarily be at fault simply for wearing headphones or earbuds.
However, evidence the other driver was engaging in dangerous and illegal behavior by wearing headphones or earbuds could help support your claim of negligent driving. Wearing headphones or earbuds could help explain those negligent actions, such as speeding, following too closely or running a red light.
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What Evidence Is Needed to Prove the Other Driver Was Wearing Headphones or Earbuds During the Accident?
It is unlikely that the at-fault driver is going to admit that he or she was wearing headphones or earbuds at the time of the accident. However, there may be evidence to prove the other driver was wearing headphopnes or earbuds.
Eyewitness Statements
Eyewitnesses might have seen the driver wearing headphones or earbuds, or looking distracted by something else.
Video Footage
Video recordings of the crash may provide visual evidence of earbuds or headphones on the at-fault driver’s head.
Cellphone Records
Drivers could have used their headphones or earbuds to talk on the phone or listen to music while driving. Cellphone records may show the driver was using his or her phone at the time of the accident. You would need an experienced lawyer to take formal steps to obtain these records to help support your case.
Analysis of the Type of Crash
An analysis of the collision could show why it occurred and how distraction may have been involved. For instance, if it was a rear-end collision but the other driver’s tires did not leave any skid marks, it may indicate he or she was distracted. If the driver was paying attention, he or she probably would have hit the brakes with enough time to leave skid marks on the road.
Sideswipe crashes where drivers drift out of their lane and hit other cars are often a result of distracted driving. It is harder to maintain a lane if your eyes or concentration are not on your driving.
Contact Galloway Jefcoat After a Car Crash Injury
If you are suffering from injuries from a car crash, do not hesitate to call our law firm. Our attorneys at Galloway Jefcoat may be able to help you with the legal process.
There are no upfront costs for our legal services and our clients do not pay unless they receive compensation.
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