Distracted Driving Accident & Injury Attorney in New Orleans, LA

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Distracted Driving Accident & Injury Attorney in New Orleans, LA

Everyone knows the dangers of distracted driving, and yet each day, hundreds of people around the country suffer injuries in auto accidents caused by distracted driving. In 2014, approximately 431,000 people sustained injuries and over 3,000 people died in crashes…

Monitoring Tech to end distracted driving accidents

Everyone knows the dangers of distracted driving, and yet each day, hundreds of people around the country suffer injuries in auto accidents caused by distracted driving. In 2014, approximately 431,000 people sustained injuries and over 3,000 people died in crashes involving distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA). If you or your loved one sustained an injury in a distracted driving accident, call Cueria Law Firm to speak with a New Orleans accident injury lawyer: 800-899-7102.

What are some common forms of distracted driving?

When people think of distracted driving, cell phone use and texting are the first things that usually come to mind. And handheld devices are certainly one of the main types of distraction. “At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010,” reports the NHTSA.

However, numerous other forms of distraction can lead to an accident, including:

  • Putting on makeup, shaving, and other grooming
  • Fumbling around for something on the floor
  • Adjusting the radio or air conditioner
  • Reaching for or lighting a cigarette
  • Eating
  • Talking or arguing with passengers
  • Reading
  • Gazing at people, accidents, or attractions
  • Using the GPS or reading a map/directions
  • Daydreaming
  • Watching a video


New Orleans Distracted Drivers

What are Louisiana’s laws regarding the use of phones while driving?

Because of the well-established dangers of talking on the phone and texting while driving, most states have laws that limit or prohibit drivers from using handheld devices — Louisiana included. Louisiana’s handheld device restrictions and the penalties for violation are as follows:

Cell phones

Unless you are a school bus driver, most drivers may use their cell phones while driving. There are a few exceptions, though.


Drivers under age 17 cannot use a phone at all while driving. They cannot make or receive any calls or texts. Violations are a moving violation and primary offense, which means officers can pull them over for that purpose only. Violators would face a fine of $100 for the first offense, $250 for subsequent offenses, and double penalties if they were involved in a crash. (R.S. 32:300.7)

New drivers 

Drivers with a Class “E” learner’s permit or an intermediate license may only use a “hands-free” cell phone. If they are caught driving while talking on or using a handheld phone, they can receive fines.

It is a secondary offense, though, which means an officer has to have another reason to pull them over. New drivers who are violating this rule can receive fines of up to $175 for their first offense and up to $500 for subsequent violations. And if they were using a hands-on phone and a crash occurs, their fines may double. (R.S. 32:300.6)


Louisiana bans all drivers from texting while driving, as per R.S. 32:300.5. The only time you can use your handheld phone is for calls, navigation and GPS, and emergencies. Texting while driving is a moving violation and a primary offense. First offenses are punishable by a $175 fine, and subsequent offenses mean a $500 fine.

Distracted driving is a form of negligence in terms of personal injury cases. In addition to fines, drivers found using their phones or texting while driving can be financially liable for any damage they cause. If they are the cause of a wreck, they can be responsible for the victims’ damages

How can I recover damages for an accident caused by distracted driving?

Louisiana is a fault auto insurance state, which means that drivers retain the right to pursue compensation for damages from the at-fault parties. Most of these cases start with an insurance claim against the at-fault party. But some cases may progress to filing a lawsuit and going to trial to get compensation.

So, in most cases, you can recover damages from a distracted driver if he caused your accident; that is, so long as you have adequate proof of fault. Proving a driver was distracted can be challenging, though. How do you prove to the insurer or court that the driver was distracted?

One of the most significant pieces of evidence in distracted driving cases is eyewitness testimonies. Eyewitnesses may be able to provide a statement that they saw the driver engaging in another activity while driving. Sometimes, the police report will notate distractions or violations, as well.

Also, if the driver was using his phone or texting when the accident occurred, you may be able to use his phone records to prove fault. We can help you recover the appropriate phone records if applicable to your case.

If you can prove the other driver’s negligence, you can recover a wide range of damages, including:

  • Medical and rehabilitation costs
  • Transportation costs for medical appointments
  • Lost wages and disability
  • Scarring and disfigurement
  • Reduced earning capacity
  • Emotional damages
  • Pain and suffering
  • Reduced quality of life
  • Punitive damages
  • Death benefits

What steps do I take after a distracted driving-related accident?

After an auto accident, your first concern is your safety and obtaining medical treatment. Always get a medical evaluation after an accident. Doing so protects your health, as well as your legal interests.

At the scene, try to remain calm and avoid angry outbursts or blame. Act smartly instead. If you are physically able, collect as much evidence as you can. Record the other driver’s information (name, contact info, and insurance information), as well as the reporting officer’s name and department. Ask for a copy of the police report, too.

Try to take photos and video of the accident scene, the positioning of the cars, a wide-angle shot that identifies the location, and the damage to both vehicles. If anyone stopped at the scene to render aid, ask if they saw the accident and if so, ask if you can contact them for a statement later if need be for your claim or lawsuit.

You will also need to report the accident to the insurance company. However, it is highly advisable to speak to an attorney before providing a statement to any adjusters. You might inadvertently say or do something that could hurt your claim. Your lawyer can give you tips on how to handle the conversation, help you with paperwork or court forms, and can negotiate with insurers for you.

Call Cueria Law Firm, LLC for a Distracted Driving Accident Attorney in New Orleans

If you or your loved one were hurt in an auto accident in New Orleans, call the injury team at Cueria Law Firm, LLC to talk about your case. If the driver was distracted, we can use that as the grounds to file a claim or lawsuit and recover damages for you.

When you work with us, we will fight on your behalf to obtain fair compensation for your case so you can rest easier and focus on recuperating. Contact our office today at 800-899-7102 and schedule a consultation.


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We offer a free consultation for any person who contacts our New Orleans office with a potential personal injury case. We have no upfront retainer fees, and only collect our payment once we have successfully secured your settlement or trial award.

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Awards & Honors

Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.




  • $2,000,000

    Hotel Premises Liability Settlement

  • $1,500,000

    Automobile Accident Settlement

  • $1,250,000

    Tractor Trailer Injury

  • $475,000

    Jones Act Seaman Injured in Oil Spill

  • $475,000

    Jones Act Seaman Orthopedic Injury

  • $400,000

    Passenger in Truck Crash Trial

Positive Client Reviews

Wonderful law firm! Friendly staff, friendly attorney! I love this place and will definitely recommend Mr. Cueria to anyone!
Jataun Cooper
Jataun Cooper
16:50 11 Dec 19
Mr. Brent and his team his paralegals were very helpful in every step of the processes involving my legal dispute.They were completely understanding in every part of this.I am very thankful for them.
brandon newton
brandon newton
21:43 26 Sep 19
Had a Great experience. These guys are great and fast. They are on it. Y’all need to check out this law firm. Check them out u won’t be sorry but you will get a fair settlement because they are fair people. Been hurt??? Don’t wait. Call them today and let them litigate...
carolyn clay
carolyn clay
20:56 18 Jul 19
Brent is very professional and easy to work with. He made sure I was taken care of better than I expected. Very nice man and great team!
Kristin Marks
Kristin Marks
19:45 29 May 19
Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn't take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!
Kevin Byrd
Kevin Byrd
15:59 08 May 19
Awesome caring firm that puts the clients needs first always. Brent was an exceptional lawyer and good person. I highly recommend Cueria Law Firm.
Cat D
Cat D
14:19 24 Apr 19
I had a good experience with this firm. The staff was professional and protected my personal interest. I would definitely recommend them.
Tameka Lewis
Tameka Lewis
22:35 07 Feb 19
Mr. Cueria was amazing, helped me beyond my expectations, they answer the phone and respond promptly to their clients. Very easy going, respectful, and professional.
April Washington
April Washington
21:59 10 Jan 19
Very nice reliable law firm... we really had good experience with him. And we are really thankful. I recommend him to everyone.
Salwan Ibrahimi
Salwan Ibrahimi
22:43 08 Nov 18
Mr. Brent is a great personal injury attorney as well as a caring attorney. He is always available to talk and answer all our questions. Mr. Brent does not take you on as just a client. He treats you like family.
Rashonda Matthews
Rashonda Matthews
17:11 01 Nov 18
The BEST in New Orleans!! I came into this office not knowing what would be the outcome of my case, and Brent assured me he got this! A big thanks to him and his staff for all your hard work!! I’m telling you if you need someone to represent he’s definitely the guy to call!! Love you guys! Until next time !😁
Allison Johnson
Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
Juju Giambe
Juju Giambe
21:14 22 Mar 18
Great experience. Very professional and personal at the same time. Highly recommended.
Hortense Ambrose
Hortense Ambrose
17:33 05 Mar 18
Mr. Cueria is very professional and works hard to assure that you received the best of outcome possible. Mr. Cueria and his staffed worked diligintly to give me the best settlement possible. I was very satisfied. -
Erica Ross
Erica Ross
13:17 07 Feb 18
I Love Mr. Brent. They handle me with tender loving care
Shannan Holmes
Shannan Holmes
08:55 30 Jan 18
This was my first experience ever having a lawyer and I was very grateful and it was very pleasant. Everything worked out for the best and I would definitely recommend Brent.
Lionel Vicknair
Lionel Vicknair
16:06 07 Dec 17

Talk to an Injury Attorney in

There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.

The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.