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What You Should Know About Texting and Driving

Distracted driving is something that many of us have found ourselves guilty of at one point in time. There are numerous sources of distraction that can take our attention away from the road, such as talking on the phone, texting, adjusting the radio, using a GPS, applying makeup, eating, dealing with unruly kids in the backseat, etc. Regardless of the type of distraction, anything that takes our focus away from driving increases our chances of being involved in an accident. This article will take a look at the effects of distracted driving and analyze Louisiana’s laws regarding cell phone use.

The latest data from the National Highway Traffic Safety Administration shows there were 3,477 people killed and an estimated additional 391,000 injured in motor vehicle crashes involving distracted drivers in 2015.[1] This means that 10% of all fatal crashes in 2015 were related to distracted driving. Additionally, 15% of crashes resulted in injuries and 14% of all crashes reported to police involved distracted drivers. And 9% of drivers, ages 15 to 19 years old involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted at the time of a fatal crash.

The subset of distracted driving that has received the most attention in recent years is cell phone usage; as a result, you’ll find many ad campaigns trying to bring awareness to fatal accidents caused by someone in the middle of sending a text message. The National Highway Traffic Safety Administration considers texting the most dangerous distraction. Sending or reading a text takes your eyes off the road for 5 seconds; at 55 mph, that’s like driving the length of an entire football field with your eyes closed.[2]  More than one-third of people surveyed admit to reading a text or email while driving in the past 30 days, and more than one-quarter admit to sending a text or email.[3]

Although texting while driving has been getting the most attention recently, studies show that people talking on a cell phone are involved in more crashes than those texting. In 2010, an estimated minimum of 160,000 crashes involved texting or emailing, compared to 1.1 million crashes involving talking on cell phones.[4]  

One study indicated crash risk was two to six times greater when drivers were using a cell phone compared to when they were not distracted.[5] The NHTSA estimates that at any point during the day, 9% of drivers are using cell phones.[6] In 2016, the National Occupant Protection Use Survey found that handheld cell phone use continued to be higher among female drivers than male drivers; it also found that handheld cell phone use continued to be highest among 16- to 24-year-old drivers, and lowest among drivers 70 and older.[7] However, one study showed a bit of good news, a sign that awareness campaigns about cell phone use may be working: the percentage of passenger vehicle driver handheld cell phone use decreased from 3.8 percent in 2015 to 3.3 percent in 2016.[8]

Now that you know the extent of the danger involving cell phone usage while driving, here are the laws the state of Louisiana has enacted to combat this distraction:

  1. Anyone with a learner’s permit may not talk on the phone at any time unless its use is for emergency purposes.[9]  
  2. For all other drivers, you may legally talk on your cell phone even if you are not using a hands-free device unless you are in a school zone.[10]  If you are driving in a school zone, you may not engage in a call.
  3. It is illegal for any driver in Louisiana to write, read, or send a text message while driving; it is also illegal to access, read, or post to a social networking site.[11]  Under this statute, you will not be found in violation if you are reading, selecting, or entering a phone number or name in your phone; it is also not a violation if you are navigating using a GPS.
  4. In addition to being considered a moving violation, the penalties for texting/using social media or using a phone while in a school zone are the following:
    1. Up to $500 for a first offense
    2. Up to $1,000 for each subsequent offense
    3. If involved in a crash at the time, double the standard offense

In today’s world, distractions are all too common while driving. However, no matter how good of a driver or multitasker you think you are, it’s smart to minimize distractions as much as possible and devote your attention to the road so that you (or someone else) don’t become one of these statistics.

 


[1] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812381

[2] https://www.nhtsa.gov/risky-driving/distracted-driving

[3] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[4] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[5] https://www.iihs.org/iihs/topics/t/distracted-driving/qanda

[6] https://www.nsc.org/Portals/0/Documents/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf?ver=2018-03-09-130423-967

[7] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812426

[8] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812426

[9] http://www.legis.la.gov/legis/Law.aspx?d=630882

[10] http://www.legis.la.gov/legis/Law.aspx?d=918939

[11] http://www.legis.la.gov/legis/Law.aspx?d=630881


Steps You Should Take if You’re Involved in an Uber Accident

Uber, Lyft, and other ride-sharing services have become widely used in recent years. As a cheaper and more user-friendly alternative to taxi cabs, Uber has become the go-to service for a trip to the airport or a ride home when you’ve had a few drinks. The vast majority of Uber rides will result in arriving at your destination without incident. But what happens if your Uber driver gets into a wreck and you suffer an injury?

Uber and Lyft provide its drivers with third-party liability coverage up to at least $1 million per accident.¹ This means that if your Uber/Lyft driver is at fault, this insurance will cover liability for any damages to a third party such as the passenger. Uber also provides uninsured or underinsured motorist bodily injury coverage to its drivers. This covers any passenger in the vehicle when another driver is at fault, but that driver doesn’t have sufficient insurance coverage for your injuries. This coverage also applies to hit-and-runs where the at-fault driver is never identified.

So, if you are injured during an accident where your driver is at fault in Louisiana, both Uber and Lyft have a policy through the James River Insurance Company that covers your injuries for up to $1 million.² It is important that you contact a lawyer to ensure the proper party is sued.³ You don’t necessarily sue just the at-fault driver. Your lawyer would also send a letter to Uber and your driver instructing them to preserve evidence, requiring them to save all data or information related to your ride.

When another driver is at fault, you would first determine if the other driver’s insurance policy can cover your damages. If your injuries are serious and the other driver’s policy cannot cover the medical costs, then Uber and Lyft both have policies through the James River Insurance Company that could cover you up to $1 million.

If you get into a wreck while in an Uber, here are some recommended steps to follow that will assist your injury claims:

  •     Call 911 and take pictures of the wreck, including the license plates of all vehicles involved.
  •     Take down the names, phone numbers, and email addresses of any potential witnesses to the              crash.
  •     Write down the name of your Uber driver and the other driver.
  •     Take screenshots on your phone of the Uber ride and receipt.
  •     Finally, if you are injured or incur any medical bills, hire an attorney to handle your personal injury        claims.

We understand it might be intimidating to take legal action against a large corporate entity like Uber, but you are not alone. With the help of legal assistance, people hurt by negligent drivers have been successful in recovering damages from Uber and other rideshare companies.

 


[1]https://www.uber.com/drive/insurance/

[2]https://www.uber.com/newsroom/an-update-on-insurance/

[3]http://time.com/money/4851877/my-uber-got-into-a-wreck-can-i-sue/


Cazayoux Ewing Represents Case Against the Federal Government


Original post: Louisiana Record on March 10, 2017 by Michael Abella

LAFAYETTE – A Lafayette Parish resident alleges she was injured in a motor vehicle accident with a federal employee.

Crystal Gerard filed a complaint on March 3 in the U.S. District Court for the Western District of Louisiana, Lafayette Division against the United States of America alleging that the government entity failed to perform its obligations.

According to the complaint, the plaintiff alleges that on Jan. 29, 2015, she filed a Federal Tort Claim Act claim against defendant due to an injury she allegedly sustained in a vehicular accident caused by Robert Bannon, an employee of defendant’s Department of Agriculture, Forest Service. As a result of the accident, she alleges she has suffered physical and mental pain, lost wages and medical expenses.

The plaintiff holds United States of America responsible because on Sept. 26, 2016, the Office of the General Counsel for the Department of Agriculture allegedly denied to pay her claim.

The plaintiff requests a trial by jury and seeks judgment against defendant in an amount which is just and reasonable in the premises, plus interest, all costs of these proceedings and all other relief that may be just and equitable. She is represented by Donald J. Cazayoux Jr. and J. Lane Ewing Jr. of Cazayoux Ewing LLC in Baton Rouge and Yul D. Lorio and Kevin P. Tauzin of Tauzin & Lorio, Attorney at Law in Lafayette.

U.S. District Court for the Western District of Louisiana, Lafayette Division Case number 6:17-cv-00348


Officer injured while responding to a hit-and-run

A deadly hit-and run severely injured a Pomona police officer on North Garey Avenue, Tuesday.

At approximately 6:35 a.m., a police officer was dispatched to the 2200 block of North Garey Avenue following a call reporting a hit-and-run involving a pedestrian and a vehicle. As the officer headed to the scene, he was hit by a Ford Explorer.

According to reports, the Ford Explorer veered left and onto the path of the police officer’s motorcycle, hitting him in the process. The impact of the collision left the officer with serious head injuries. He was rushed to LAC+USC Medical Center for treatment.

The driver of the Ford remained at the scene and cooperated in the investigation.

If you or someone you know has suffered an injury following an auto accident, you may be entitled to a financial claim. Our lawyers at Cazayoux Ewing Law Firm are experienced in personal injury law and can help you throughout the process. Contact us at (225) 650-7400.


Three Injured, One Killed Following Louisiana Crash

A fatal car accident killed one person and injured at least three people on Interstate 10, Sunday afternoon.

The Louisiana State Patrol responded to the scene after receiving a report of a multi-vehicle crash at approximately 5:30 p.m. According to a report, a Pontiac Grand was heading west of the highway when its driver suddenly lost control and crashed into the center median. It continued on and crossed through the eastbound lanes where it was struck by a passing Chevrolet Equinox.

Two passengers in the Pontiac, identified as a 25-year-old woman and a 5-year-old child, and three occupants of the Chevrolet sustained moderate to serious injuries. They were transferred to a local hospital for treatment.
Authorities later identified the 25-year-old female passenger as Ciara Lemon. She succumbed to her injuries in the hospital.

The driver of the Pontiac was identified as 24-year-old Kilian Webster. He was taken into custody and charged for reckless driving, having a child unrestrained in the vehicle, and operating with a suspended driver’s license. It was not clear if he was injured.


Head-on crash on US 190 killed Denham Springs man

In a two-vehicle head-on accident that took place on Thursday morning, October 13, on US 190 West, two people were gravely injured—one died later.

According to a report from the Louisana State Police, one of the drivers, 68-year-old Harold Burgeron, made a questionable left turn onto Grey Eagle Road where he passed into the path of eastbound, 33-year-old Adam Andres. The two vehicles hit front-to-front.

Both operators were buckled, according to the investigation, but both suffered severe injuries and had to be taken to the hospital. Bergeron would die later that day. The investigation has not led anyone to believe that either of the two men were intoxicated at the time of the crash and toxicology samples were retrieved from the drivers.

The car accident lawyers of Cazayoux Ewing Law Firm send their thoughts to the victim and his loved ones and wish the injured party a speedy recovery.


Wrong-way crash on LA21 kills Florida driver

A Florida driver died in a wrong-way head-on collision in Louisiana on Sunday, September 11 at 3 A.M. The crash also injured the other driver and a passenger in her car.

According to Louisiana State Police, the crash occurred on LA 21, roughly three miles south of Bogalusa.  Daniel Elwood, 25, of Tallahassee, Florida, was killed at the scene while Jodi Vasbinder, 17, of Covington, and Nathan Nicolasi, 19, were injured in the crash.

Trooper Dustin Dwight with Louisiana State Police said a recent investigation showed Elwood was going southbound in the northbound lane of LA 21 in a 2005 Hyundai Elantra. The car collided with the 2005 Chrysler Sebring that Vasbinder drove. Elwood was not wearing a seat belt while Vasbinder and Nicolasi were properly buckled up.

Vasbinder was flown by helicopter to North Oaks Medical Center in Hammond with moderate injuries. Nicolasi was brought by ambulance to Our Lady of Angels Hospital in Bogalusa with minor injuries. Blood samples from all involved in the accident were sent to the Louisiana State Police Crime Lab for analysis, and the investigation is still ongoing.


Priest In Wreck After Being Ordained

Reverend John Pitzer was enjoying his Saturday after his ordination as a priest, only to wind up in a hospital just hours later.

Pitzer and a friend were riding in the back seat of a Mercedes when a Nissan ran a red light, rear-ending their vehicle. Pitzer suffered from bruises and broken ribs, while his fellow 54-year-old passenger George Mabon sadly succumbed to his injuries. The driver of the Mercedes, John Baur, was arrested for a first-offense DWI and reckless operation of a vehicle. Baur failed a field sobriety test and was found to have a blood alcohol level of 0.13 percent, which in Louisiana can be used as presumptive evidence of drunken driving. The driver of the Nissan was also taken to the hospital for injuries he sustained in the incident.

Baur has been released on a $3,000 bond, but could face multiple charges. Many individuals are put in danger when reckless drivers are on the road, whether disregarding traffic signals or choosing to drink and drive. If you or a loved one has been killed or injured in a wreck caused by a negligent driver, please call personal injury attorneys at the Cazayoux Ewing Law Firm at (225) 650-7400 today.


Christmas Eve crash in Raceland kills woman

At around 11:00 p.m. on December 24, a single-vehicle crash on Lousiana Highway 308 in Lafourche Parish killed a 34-year-old woman from Raceland. According to the investigation, a 2002 Lincoln LS, driven by a 33-year-old Raceland man, was traveling north on the highway when it drove off the right side of the road and onto Rodriguez Drive, where the vehicle struck a driveway. Apparently, the angle of the crash led the vehicle to become airborne before striking two utility poles.

The driver was thrown out of the vehicle and was brought to Terrebonne General Medical Center after sustaining non-life threatening injuries. His passenger, the 34-year-old woman, sustained serious injuries and was taken to St. Anne Hospital for treatment. She was set to be transferred to University Medical Center in New Orleans due to the serious nature of her injuries, but she died on the way.

It is unknown whether the driver was intoxicated at the time of the accident, but he submitted to a blood test and results are pending at the Louisiana State Police Crime Lab.


Former New Orleans policeman killed in crash

According to a report by the New Orleans Advocate, a former New Orleans policeman and investigator died on December 5 following a two-vehicle crash on Interstate 12 east of La. 1088.

The investigators of the accident said that the 69-year-old former police officer, who was a resident of Covington, was driving westbound when his pickup truck was hit from behind by a Toyota Corolla driven by Sloan, New York resident John Joseph Gold. The former policeman’s vehicle drove off the right side of the road, overturned, and struck several trees. The officer was not wearing a seat belt at the time of the accident and was thrown from the vehicle. He was pronounced dead at the scene.

Gold’s vehicle hit a cable barrier, but he was uninjured. He submitted to a breath test, but no trace of alcohol was found. He was cited for careless operation, and further investigation into the circumstances of the collision is ongoing.

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