New Orleans Distracted Driving Accident Attorney
New Orleans residents enjoy numerous fun events at venues like the Caesars Superdome. These events draw thousands of people to the city. However, people not used to Louisiana driving conditions need to pay attention to avoid an accident. If you are a victim of a car accident due to someone else’s lack of attention, work with a New Orleans distracted driving accident lawyer.

Experienced Distracted Driving Accident Attorneys in New Orleans
One of our core values at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., is fighting for what’s right. Many victims of distracted driving accidents feel cheated because they sustained injuries they did not cause. Our goal is to help these victims receive compensation to facilitate their recovery as effectively as possible.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
What Is Distracted Driving?
Distracted driving comes in many different forms. Any action that results in the driver not paying attention to the road counts as distracted driving. Distracted driving includes visual, cognitive, and physical distractions. These all take your attention away from the driving task.
Many people associate texting and using cellphones with distracted driving, but there are several other actions that are also considered distracting. Even talking on the phone can be distracting because it’s taking your attention away from the road.
It’s common for people to eat or drink while driving, especially while running from one place to another. Unfortunately, this affects your ability to react in a timely manner if any issues arise on the road. This is considered a manual distraction because it occupies your hands while driving.
Other Passengers
If there are other passengers in the vehicle, they can also be distracting. This is the case if they are talking loudly or distracting you from paying attention. Your passengers should not interfere with your ability to focus on the road.
Even outside elements can impact your attention while driving. Things like billboards or other accidents can take your eyes off the traffic around you, which can be dangerous on congested or high-speed roads.
Can I Be Compensated After a Distracted Driving Accident?
You may be eligible for compensation if you were injured due to another person driving distracted. There are a lot of factors that go into a car accident claim, including:
- Medical treatment: The cost of medical services can vary depending on the severity of your injuries. Keep all the bills associated with the treatment so you can estimate the total cost of the accident.
- Lost wages: If you are employed, you might not be able to go to work immediately after an accident. A car accident settlement might be able to pay you for the work time you missed while recovering from your injuries.
- Future earnings: Some car accidents result in people becoming permanently disabled. This could impact the scope of work you can accomplish in the future. There are separate damage categories for people whose earning capacity is limited due to accident injuries.
- Damage to property: Your vehicle is normally considered your personal property in a car accident. If you had to repair your vehicle, the settlement could cover the cost of the repair. The damages might be greater if your vehicle were totaled and you need to buy a new one.
- Pain and suffering: The emotional aspects of a car accident can also be recovered. These are considered non-economic damages and are meant to address the physical injuries and inconvenience you suffered as a result of your accident.
In 2023, 1,149 people were injured as a result of distracted driving in Louisiana. This is a serious problem in both New Orleans and the state as a whole.
Why Hire a Distracted Driving Accident Lawyer?
It might take the help of a car accident attorney to help you get the compensation you need. This is because insurance companies or other drivers might be resistant to paying out for car accident settlements.
An attorney on your side makes other parties more likely to take your case seriously. If this does not resolve your claim, they can also help you take it to court.
Cases We Handle at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.
Personal Injury
Personal Injury: We represent victims of negligence and wrongful conduct across all types of personal injury cases. Our experienced attorneys fight to secure maximum compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from your injuries.
Accident Cases
Car Accident: We handle all types of motor vehicle collision cases, from minor fender-benders to serious multi-vehicle crashes. Our attorneys investigate the accident, gather evidence, and hold negligent drivers accountable for your injuries.
Truck Accident: Commercial truck accidents often result in catastrophic injuries due to the size and weight of these vehicles. We understand federal trucking regulations and work to hold trucking companies and drivers responsible for negligence.
Motorcycle Accident: Motorcyclists face unique vulnerabilities on the road and often suffer severe injuries in accidents. We fight against bias and ensure you receive fair compensation for your injuries.
Boating Accident: Water-related accidents can result in serious injuries or drowning. We handle cases involving recreational boats, jet skis, and other watercraft accidents caused by negligence or recklessness.
Construction Accident: Construction sites present numerous hazards that can lead to severe injuries. We represent workers and visitors injured due to unsafe conditions, equipment failures, or negligent practices.
Distracted Driving Accident: Drivers who text, use phones, or engage in other distractions cause devastating accidents. We hold distracted drivers accountable for the harm they cause to innocent victims.
Drunk Driving Accident: Drunk drivers make reckless choices that destroy lives. We pursue maximum compensation from intoxicated drivers and may also hold bars or social hosts liable under dram shop laws.
Why Choose Us?
Many of our clients at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., are impressed by our ability to maintain both professionalism and empathy for our clients. This can be a challenging balance to achieve, but we strive to make our clients feel heard while delivering tangible results.

We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
FAQs About New Orleans, LA Distracted Driving Accident Law
Who is responsible for a distracted driving accident is usually the individual who was driving while distracted. However, there are other parties that could be responsible. If the other drivers involved were engaging in behaviors such as speeding or disregarding traffic signs, they could also be partly responsible for a distracted driving accident.
Louisiana is not a no-fault state for auto accidents. The state is an at-fault state. This means that whoever is at fault for the car accident is responsible for damages, usually using their car insurance policy. However, Louisiana also has comparative fault, so more than one party involved can be responsible for the accident.
The type of lawyer that can help with a car accident case is a personal injury attorney. They help people who were injured due to the negligence of others. A car accident attorney can determine who is at fault and can communicate with insurance companies to make sure their clients receive damages for the injuries they experienced.
You can file a claim up to two years after the accident took place. Some people think this is a long time, but this period can fly by if you are recovering from serious injuries after a car accident. Working with an attorney can ensure your claim is filed in time to be considered under Louisiana law.
The Law Is on Your Side
According to the Louisiana Highway Safety Commission, 178 people were killed due to distracted driving in 2023. Even those who were not killed also sustained injuries that cost money to heal from. For help recovering these damages, schedule a consultation with Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., today.
New Orleans Distracted Driving Accident Law Resources:
Serving New Orleans and the Greater Louisiana Gulf Coast
When you’re facing complex litigation against powerful medical institutions, maritime corporations, or commercial entities in New Orleans or throughout the Louisiana Gulf Coast region, you need a law firm with the experience, resources, and courtroom prowess to level the playing field. Since 1949, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has built an unshakable reputation for taking on the toughest cases and defeating well-funded opponents who thought they were untouchable.
Based in New Orleans with deep roots throughout Louisiana’s legal community, our firm brings over seven decades of trial experience to clients facing medical malpractice, maritime injury claims, products liability, toxic exposure cases, and complex commercial litigation. Our attorneys don’t just practice law—they shape it. With leadership positions in local, state, and federal bar associations, and three former partners who ascended to the federal, state, and appellate bench, we command respect in Louisiana courtrooms that translates directly into better outcomes for our clients.
Whether you’ve been injured by medical negligence at a New Orleans hospital, suffered a maritime accident in Louisiana’s crucial shipping industry, been harmed by defective products, or exposed to toxic substances through commercial operations, partnering with a New Orleans litigation firm that other attorneys trust with their own family’s cases—and that corporations and their insurers genuinely fear in the courtroom—can make the critical difference between inadequate settlement offers and the substantial compensation you deserve for your injuries and losses.