Distracted Driving Accident Lawyer in Kenner

If a motorist chooses to drive while distracted, they can cause an accident and be held responsible for the associated losses. Following an accident with a distracted driver, seek legal help. Talk with a distracted driving accident lawyer in Kenner, and they may help you file an insurance claim or a personal injury lawsuit.

The team at Scott Vicknair Injury Lawyers has 121 years of combined experience. Speak with our Kenner car accident lawyer about your auto crash involving a distracted motorist. Depending on your situation, we may help you recover compensatory damages from the liable party or their insurance company. To learn more, schedule a free case review.

What to Expect If You File a Distracted Driving Accident Claim in Kenner, Louisiana

Filing a distracted driving accident claim may allow you to secure compensation from a liable party’s insurer. Your distracted driving accident attorney in Kenner can help you through the claims process. Once your claim is filed, your lawyer can communicate about your case with the insurance companies involved.

Your Kenner personal injury lawyer can negotiate a settlement with a liable party’s insurance company on your behalf. If you accept a settlement, you can close your case without any further action. On the other hand, if no settlement is reached, your attorney may advise you to sue for compensatory damages.

At Scott Vicknair Injury Lawyers, we fight for the win. Our team has recovered more than $100 million in compensation for our clients. Trust us to help you get the case results that you deserve. To find out more, request a free case review.

When to Sue Someone for a Distracted Driving Accident

Per Louisiana Civil Code Article 3493.1, if you’ve been injured in a car accident involving a distracted driver, you may have up to two years from the day of this incident to sue the responsible party for damages.

Have a Kenner distracted driving accident lawyer examine your case, as they can let you know if you have grounds for a lawsuit. If so, your attorney can help you submit the required paperwork for your lawsuit and prepare your case to go in front of a judge or jury.

Ultimately, the chances of winning your car accident lawsuit will depend on the strength of your case. Your lawyer may search extensively for evidence to support your compensation request. If your attorney has relevant evidence, they may be well-equipped to prove that a liable party was negligent and should cover your accident losses.

Evidence That You Can Use to Prove Distracted Driving

Just because you say a motorist engaged in distracted driving and caused your auto accident doesn’t guarantee that a court will order this individual to pay damages. Your lawyer may use a wide range of evidence to help you show a judge or jury that this party committed an act of negligence. Below are some of the types of evidence that may bolster your case:

• Cell phone records
• Traffic camera footage of your accident
• Statements from witnesses who saw your accident
• Police reports

Outside of these forms of evidence that can support your distracted driving case in Louisiana, your attorney may utilize your medical bills and other financial documents in their argument. Doing so may help your lawyer explain to a judge or jury that you incurred financial losses in your accident with a distracted motorist.

Compensation That You Can Get in a Distracted Driving Accident Case

Your car accident attorney wants you to obtain economic and non-economic damages. Initially, they can assess your distracted driving accident losses. From here, they may help you seek any of the following types of damages:

• Car repair costs
• Pain and suffering
• Loss of income
• Diminished earning capacity
• Medical bills

Sadly, distracted drivers sometimes cause fatal accidents. If a distracted motorist is responsible for your family member’s fatal car crash, you may pursue compensation for their burial and funeral expenses and other losses. This may be done through a wrongful death claim or lawsuit.

How to Prove Negligence in a Distracted Driving Accident Case

If your distracted driving accident case requires a trial, your lawyer may put together an argument focused on negligence. They want a judge or jury to see that a motorist chose to act carelessly or recklessly, which may have contributed to your accident.

To illustrate negligence, your lawyer may use evidence that reflects how a motorist was texting while driving or involved in other activities that shifted their attention away from safe driving. Your attorney may also detail your damages to the court to highlight how the accident is affecting you financially and emotionally.

Even if you believe that you have a strong case, you will have to meet the court’s burden of proof before you can receive damages. Your lawyer can contest any claims that the other party makes against you. They want to make it clear to a judge or jury that your case is valid and that this party should have to cover your accident losses.

What to Do If You Are Partly to Blame for a Car Accident Involving a Distracted Driver

You can still file a claim or lawsuit if you are partially at fault for an auto accident with a distracted motorist. However, it’s possible that you could receive partial damages or none at all, depending on your degree of fault.

Based on Louisiana Civil Code Article 2323, modified comparative negligence can dictate the outcome of your distracted driving accident case. With this, you can still recover damages if you are 1-50% liable for your accident involving a distracted driver. Alternatively, if you’re 51% or more to blame, you may not be able to recover damages.

Your lawyer can account for modified comparative negligence as they craft their argument. They may describe to a judge or jury how the defendant is primarily or solely responsible for your accident. Meanwhile, they can stand up for you and protect your rights as your legal proceedings move forward.

Contact our Kenner Distracted Driving Accident Lawyers Today

As you search for a Kenner distracted driving accident attorney, consider Scott Vicknair Injury Lawyers. We are committed to helping those injured in accidents involving distracted motorists.

Give us the opportunity to serve as your legal representation. Contact us today.