by Gertler Law Firm on April 29, 2013
Any New Orleans personal injury attorney will tell you that as the popularity of texting has spread, there has been a significant increase in motor vehicle accidents caused by texting while driving. Most people believe that this is problem largely associated with teenage drivers – probably because we think of teenagers as glued to their cell phones. A recent survey conducted by AT&T, however, indicates that it may be adults who are the worst offenders when it comes to this dangerous practice.
Nearly 50% of adults in the survey admitted that they had texted while driving, compared to only 43% of teenagers. Both of these numbers are extremely high given the risk of causing a personal injury accident. More than 98% of the adults surveyed admitted that they knew it was wrong, but many of them are doing it anyway.
Six out of ten of the adults also stated that they were not texting while driving three years ago, indicating that the number of distracted adult drivers is on the rise. Since there are only about 10 million teenage drivers in the U.S. compared to approximately 180 million adult drivers, any growth in texting while driving among adults can translate into much more dangerous roads.
According to the Department of Transportation, 3,331 people died in motor vehicle accidents involving distracted drivers in 2011, up from 3,267 people in 2010. The numbers are on the rise despite efforts to educate people about the danger of this practice, and this survey indicates that it may be adults, not teenagers, who are to blame.
Texting drivers who cause personal injury or death need to be held accountable for their actions. If you have been injured in a motor vehicle accident caused by a texting or distracted driver, we can answer your questions regarding your legal rights at 504-355-0057 or 855-GERTLER.
by Gertler Law Firm on April 1, 2013
The outcome of all New Orleans personal injury lawsuits will ultimately be determined by the evidence available, including the evidence of the degree of injury caused by the accident. While you may have been badly hurt, your case will have serious challenges if you do not have the medical evidence needed to corroborate the injury. The truth often does not matter if you cannot prove it to the judge or jury.
In personal injury lawsuits, the need for proof can be especially important when it comes to medical treatment. The defense in such a lawsuit often will be looking for holes in the treatment record – such as lapses in treatment or apparent failures to report certain conditions – that could be used to argue that your injuries are not as serious as you claim.
As a result, it is extremely important to be truthful with your medical providers and to report all of the conditions you are suffering from to them. Your personal injury attorney will need a complete record of your problems when pursuing your case. While a certain ache or pain may not seem as serious as other problems you are experiencing, you should still bring it to your doctor’s attention so that it is documented. If it is not documented and later turns out to be more serious than originally thought, the defense will, in almost all cases, argue that because it took so long to appear in the medical record, it must not be related to the accident that led to the personal injury lawsuit.
Also, if you are seeing multiple medical providers for different injuries, you should keep track of who is treating you. If you are referred to a new doctor, you should let your personal injury attorney know so that he can take appropriate steps to obtain treatment information from the new doctor. Your personal injury attorney has no way of knowing who you are seeing if you do not tell him, and it is very important that he have a complete record so that he can have a full understanding of your condition.
If you have suffered a personal injury, please feel free to call us at 504-355-0057 or 855-GERTLER. We would be happy to help you.
