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.
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 GallowayJefcoat.com, thanks.