Distracted driving is incredibly dangerous. If a motorist is distracted and slams their car into yours, take legal action against them in the days after the incident. Meet with a distracted driving accident lawyer in Slidell, as they can explain your legal options in depth.
Scott Vicknair Injury Lawyers has secured over $100 million in compensation for our clients. Trust a Slidell car accident lawyer from our team to handle the legal matters in your distracted driving crash case. Contact us today for more information.
How to Hold a Distracted Driver Liable for the Harm That They’ve Caused
Your distracted driving accident attorney in Slidell can pursue compensation for you through an insurance claim or personal injury lawsuit.
They may advise you to inform your auto insurance company about your accident, which will open a claim. If your claim is unsuccessful, you and your attorney may have to go to trial and show a judge or jury you deserve damages.
With a claim, your Slidell personal injury lawyer can communicate with the insurance companies of the parties involved in your distracted driving accident.
If a liable party’s insurer offers a settlement, you can evaluate the proposal with your lawyer. Of course, if a settlement falls short of what you want, your attorney may encourage you to proceed with a lawsuit.
At Scott Vicknair Injury Lawyers, we fight for the win. We can put you in touch with a texting and driving accident lawyer in Slidell or other attorneys with experience relevant to your case.
From here, we can work diligently to get you case results that match your expectations. To find out more, request a free case review.
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(504) 500-1111When to File a Distracted Driving Accident Claim in Slidell
According to Louisiana Civil Code Article 3493.11, you may have two years from the day of your auto accident involving a distracted motorist to submit a claim. After this window closes, you may be responsible for your losses from this incident.
Your Slidell distracted driving accident lawyer can file your claim in alignment with Louisiana law. On top of that, they may gather witness statements, accident scene photos, traffic camera footage of your collision, and other evidence to support your claim.
If you have a wide range of evidence, a liable party’s insurance company may struggle to contest your claim. Or, if you have to bring your case to trial, your proof could make it clear to a judge or jury why you should be awarded damages.
Compensatory Damages Available in a Distracted Driving Crash Case
You could receive economic and non-economic damages in your distracted driving crash case. To determine your damages, your lawyer may examine your tangible and intangible losses. Next, they can put together an argument designed to prove that you should get various damages, such as:
- Pain and suffering
- Loss of income
- Car repair costs
- Medical bills
Your attorney can answer frequently asked questions and any others you have about damages. They want you to track your expenses relating to your distracted driving crash for the duration of your case.
By doing so, you can add to your collection of evidence and boost your chances of getting damages that serve you well for an extended period.
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(504) 500-1111The Role of Negligence in a Distracted Driving Collision Case
Learn about negligence as you go through the legal process that follows a distracted driving collision. Your distracted driving attorney in Slidell can teach you about negligence and how it can dictate your case’s outcome. They may craft an argument centered on these elements of negligence:
Duty of Care
A motorist has a duty of care, as they are legally obligated not to engage in distracted driving. If a motorist chooses to text while driving or do other things that can be distracting, they are shifting their focus away from the road. Thus, they can cause an accident and harm motorists and pedestrians.
Breach of Duty of Care
It is reasonable for a motorist to comply with safe driving laws. Yet, if a motorist is distracted, they could break these laws, which represents a breach of their duty of care. At this point, if the motorist gets into an accident, they can be held liable.
Causation
Your personal injury attorney wants to prove that a motorist drove while distracted and crashed their car into yours. They may provide the court with a timeline of your accident that illustrates how this motorist violated their duty to you and, as a result, should be held responsible for your accident.
Damages
Your lawyer can use your medical bills, pay stubs, and other evidence to highlight the financial impact of your distracted driving collision. They want a judge or jury to see that you’ve experienced losses due to the actions of a distracted driver.
Per Louisiana Civil Code Article 2323, modified comparative negligence can prompt the court to award partial damages. If you’re 1-50% at fault for your accident with a distracted driver, the court can reduce your damages by your degree of liability. Alternatively, if you’re more than 51% liable, you may not receive damages.
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(504) 500-1111How a Wrongful Death Distracted Driving Accident Claim Works
Sadly, you lose a family member in a fatal car accident caused by a distracted motorist. The loss is devastating for you and your loved ones. As you cope with your tragedy, you have no idea how you and your family will stay afloat financially.
During this challenging time, it may be beneficial to consult with a Slidell wrongful death lawyer. In your situation, you may have grounds for filing a wrongful death claim against the motorist responsible for your family member’s death. This claim may allow you to get money for your loved one’s burial and funeral expenses and other losses.
Your attorney can negotiate a wrongful death settlement with a liable party’s insurance company. If no settlement is reached, your lawyer can take your case to court and present their argument to a judge or jury.
Get Help with Your Distracted Driving Accident Case
Don’t wait any longer to partner with a Slidell distracted driving accident attorney. Scott Vicknair Injury Lawyers gives you access to a legal team with 121 years of combined experience.
Let us guide you through the process of filing a distracted driving crash claim or lawsuit. To get started, schedule a free case review.