A distracted driver looks away for a second. That’s often all it takes. Now you’re dealing with injuries, medical bills, and an insurance company already trying to limit what you recover. If a distracted driver caused your crash in New Orleans, a distracted driving accident lawyer who knows Louisiana law can make a real difference in your claim.
Dudley DeBosier has been fighting for Louisianans injured in car crashes since 2009. Your consultation is free. You pay us nothing, no fees, costs, or expenses, unless we get you money.
What Is Distracted Driving Under Louisiana Law?
Distracted driving falls into three categories, and understanding them matters for your case:
- Visual distractions take your eyes off the road. Glancing at a phone, looking at a GPS screen, or turning to check on a backseat passenger all qualify.
- Manual distractions take your hands off the wheel. This category includes texting, eating, adjusting the radio, or reaching for something in another seat.
- Cognitive distractions take your mind off driving, even if your eyes are on the road. Hands-free calls, daydreaming, and intense conversations all fall here.
Louisiana bans handheld device use while driving under La. R.S. 32:59. When a driver violates the hands-free law and causes a crash, that violation can help establish fault. That’s a meaningful advantage for your claim.
Commercial drivers face even stricter rules, with the Federal Motor Carrier Safety Administration (FMCSA) banning texting and the use of handheld devices for CDL holders. The I-10 corridor through New Orleans carries heavy commercial traffic, and a trucker who was distracted at the wheel may face liability under both Louisiana law and federal regulations.
Common Causes of Distracted Driving Crashes in New Orleans
Distracted driving takes many forms on New Orleans roads. The most common causes in the cases our team handles:
- Phone Use: Texting, taking calls without a headset, scrolling social media, and using apps while moving all pose significant risks. While handheld use is illegal, enforcement is inconsistent.
- GPS and Navigation Apps: Drivers who type an address while moving or repeatedly glance at a mounted phone screen are visually and cognitively distracted.
- Eating and Drinking: This common cause is often overlooked in crash investigations, but it removes at least one hand from the wheel and diverts attention from the road.
- In-Vehicle Controls and Entertainment: Adjusting climate controls, changing music, or interacting with a touchscreen system can take a driver’s eyes off the road for several seconds at highway speed.
- Passenger Interaction: Turning to talk to someone in the back seat, especially when children are present, is a significant source of cognitive and visual distraction.
New Orleans roads also pose additional distractions. The I-10 and I-610 interchange is among the most congested in Louisiana, and stop-and-go conditions tend to increase phone use. The Lake Pontchartrain Causeway, one of the longest bridges in the world, places drivers in a visually monotonous environment that invites cognitive drift. In the CBD and French Quarter, dense pedestrian traffic and tight lanes mean that a driver who looks down for even a moment can cause serious harm.
What to Do After a Distracted Driving Crash in New Orleans
The steps you take right after a crash shape what happens with your claim. Here is what to do:
- Call 911. Even if the crash looks minor, an official police report creates a record of what happened. If the responding officer notes that the other driver was on their phone or otherwise distracted, that information can be critical later.
- Document the scene. Take photos and videos of vehicle damage, skid marks, the roadway, and any visible injuries. If there are witnesses, get their names and contact information before they leave.
- Note signs of distracted driving. If you see the other driver still holding a phone, or if they say they were distracted, document it. Do not confront them.
- Get medical care. Go to the ER or an urgent care clinic the same day, even if you feel okay. Injuries like whiplash and traumatic brain injury can have delayed onset. A gap in medical care gives adjusters an opening to dispute your injuries.
- Do not give a recorded statement. An insurance adjuster may call quickly. You are not required to give a recorded statement before speaking with a lawyer, and doing so early can hurt your claim.
Injured as a Rideshare Passenger?
If you were a passenger in an Uber or Lyft when a crash occurred due to distracted driving, your situation involves multiple layers of insurance that most people are not aware of.
Which coverage applies depends on the phase of the trip at the time of the crash:
- App Off: If the driver was not logged in, only their personal auto policy applies.
- App On, No Passenger: Rideshare companies carry limited contingent liability coverage during this phase.
- En Route to Pickup or Passenger in Vehicle: The rideshare company’s commercial policy typically applies and can be substantial.
If a third party caused the crash, you may have claims against both the rideshare driver’s insurer and the at-fault driver’s insurer. Determining which policy covers what is complicated. Dudley DeBosier handles rideshare accident cases in New Orleans and can walk you through your options at no cost.
Common Injuries in Distracted Driving Crashes
Distracted driving crashes often happen at speed, with the at-fault driver taking no evasive action before impact. That means the forces involved can be severe. Common injuries include:
- Whiplash and Cervical Spine Injuries: Rapid back-and-forth neck motion is the most common injury in rear-end crashes. Symptoms sometimes appear hours or days after the crash.
- Traumatic Brain Injury (TBI): Head impact against a steering wheel, window, or headrest, or even violent shaking without direct impact, can cause TBIs ranging from concussion to severe neurological damage.
- Broken Bones and Fractures: Wrists, arms, ribs, and legs are most commonly fractured in crash impacts, often from airbag deployment or bracing against the dashboard.
- Back and Spinal Cord Injuries: Herniated discs and spinal cord damage can cause chronic pain or, in serious cases, permanent neurological effects.
- Soft Tissue Injuries: Muscle tears, ligament sprains, and contusions may not appear on X-rays but can be debilitating for months. Document them carefully and follow up with a medical provider.
- Internal Bleeding and Organ Damage: These injuries are not always apparent at the scene. Persistent pain in the hours after a crash warrants immediate evaluation.
University Medical Center New Orleans and Ochsner Medical Center are prepared to treat serious injuries. Keep copies of all records from every provider you see.
How Louisiana Law Applies to Your Claim
Modified Comparative Fault
Louisiana is a modified comparative fault state, which means you can recover damages even if you were partially at fault for the crash, as long as you were less than 51% at fault. Your recovery is reduced by your percentage of fault but not eliminated. For example, if a distracted driver was 80% at fault and you were 20% at fault, you can still pursue 80% of your total damages.
Louisiana Hands-Free Law
Violations of La. R.S. 32:59 can support a negligence per se argument in your case. If you prove they violated the law and that violation caused the crash, it is a simpler evidentiary path.
Uninsured Motorist (UM) Coverage
Louisiana has one of the highest rates of uninsured drivers in the country. If the driver who hit you was uninsured or fled the scene, you may be able to file a UM claim through your own insurance, required to have been offered under La. R.S. 22:1295. At Dudley DeBosier, we handle UM claims regularly and can assess your coverage quickly.
Statute of Limitations
Louisiana’s prescriptive period for personal injury claims is two years from the date of the crash. If you miss that deadline, you lose the right to file. Call us even sooner to preserve evidence and strengthen your case.
What Compensation Can You Pursue After a Distracted Driving Crash?
Depending on the circumstances of your crash, you may be able to seek:
- Medical Expenses: Past and future, including emergency care, hospitalization, surgery, physical therapy, and ongoing treatment related to your injuries
- Lost Wages: Income lost while recovering, and lost earning capacity if your injuries affect your ability to work long-term
- Property Damage: Repair or replacement of your vehicle and any personal property damaged in the crash
- Pain and Suffering: Physical pain and the mental and emotional toll of recovering from a serious crash
- Emotional Distress: Anxiety, PTSD, and other psychological impacts that result from the crash and recovery process
- Loss of Enjoyment of Life: If your injuries prevent you from activities you valued before the crash
- Loss of Consortium: Compensation for a spouse whose relationship has been affected by the injuries
Every case is different, but Dudley DeBosier can work to help you get the compensation you deserve.
Frequently Asked Questions
What Should I Do if the Distracted Driver Fled the Scene?
Call 911 immediately and document as much as you can, including the direction they went, a partial plate, the vehicle’s color, and make. If you have Uninsured Motorist coverage, you may be able to file a claim through your insurance even if the driver is never found. Contact us as soon as possible, because you must follow specific procedural steps to preserve a hit-and-run UM claim.
How Much Does It Cost to Hire a Distracted Driving Accident Lawyer?
Nothing upfront. At Dudley DeBosier Injury Lawyers, you pay nothing unless we get you money. That’s our No Fee Guarantee®. Your free consultation costs nothing and does not commit you to anything.
Talk to a New Orleans Distracted Driving Accident Lawyer
After a crash caused by a distracted driver, you have enough to deal with. Dudley DeBosier Injury Lawyers can handle the legal side while you focus on getting better.
We have been fighting for Louisianans since 2009. We know how insurance companies operate in distracted driving cases, and we know the New Orleans legal landscape. As the Official Injury Lawyers of the New Orleans Saints®, we are rooted in this community. We take that responsibility seriously.
Contact our car accident lawyers today for a free consultation.
