Louisiana Texting and Driving Accident Lawyer

Morris & Dewett has handled Louisiana automobile injury cases for over 25 years.

What Louisiana Law Now Prohibits: House Bill 519 (Effective August 1, 2025)

House Bill 519

Louisiana’s 2025 handheld device law, effective August 1, 2025. Prohibits writing, sending, or reading texts, accessing social media, video recording, and any handheld phone use while a vehicle is in motion. Replaced the narrower prior texting ban.

Louisiana’s texting-while-driving prohibition changed significantly in 2025. House Bill 519 went into effect on August 1, 2025 and substantially broadened what was already prohibited. Prior Louisiana law banned texting specifically. HB 519 covers any handheld device use while moving: texting, social media access, posting, video recording, and broadcasting.

The fines carry real teeth. A violation that causes a crash carries a $500 fine. In school zones, the fine is $250 for any violation. Three points are assessed on the driving record. Subsequent offenses carry fines up to $1,000 with potential license suspension. Louisiana began full fine enforcement on January 1, 2026. Before that date, officers issued warnings only.

What is permitted under the new law matters as much as what is prohibited. Hands-free use via Bluetooth, earpieces, a phone mounted for GPS navigation, Apple CarPlay, Android Auto, and voice commands are all legal. Any physical hand contact with the phone while the vehicle is in motion is prohibited. That distinction is relevant to your case. If the other driver had a mounted GPS but was touching the screen, that is a violation. If they were holding the phone for any reason while moving, that is a violation.

negligence per se

A legal doctrine that treats a statutory violation as automatic proof of negligence. The plaintiff does not need to prove the defendant acted unreasonably. The violation establishes the negligence element. The plaintiff must still prove causation and damages.

A statutory violation of HB 519 that causes a crash invokes negligence per se under Louisiana law. The violation is the negligence. HB 519 expanded the scope of the prior, narrower texting ban as of August 1, 2025, so a crash that postdates the change is evaluated under the broader handheld prohibition.

Enhanced penalties apply in school zones, construction zones, and when a crash occurs during the violation. These enhanced-penalty scenarios reinforce the negligence per se argument. The law treated those locations as requiring heightened caution. The violating driver failed to meet that heightened standard. View the accident types overview for other common crash patterns covered by this firm.

Why Texting While Driving Is More Dangerous Than Other Distractions

Texting is uniquely dangerous among driving distractions. It is the only common distraction that simultaneously impairs all three distraction categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task of driving). Most distractions hit one or two categories. Texting hits all three at once.

The numbers from NHTSA are specific. Texting drivers are 23 times more likely to be involved in a crash than attentive drivers. At 55 mph, five seconds of eyes-off-road travel covers approximately one football field of distance. The driver is blind for the length of a football field while operating a 3,000-lb vehicle at highway speed. Teen drivers aged 15 to 24 account for approximately 38% of drivers using phones during fatal crashes.

In Louisiana, the scale of the problem is concrete. Approximately 25% of all crashes in the state involve distracted driving. In 2023, distracted driving contributed to 208 fatalities and over 3,200 injuries statewide. Louisiana Highway Safety Commission data tracks these numbers annually. Distracted driving costs Louisiana over $1 billion annually in economic losses.

Texting is the dominant category, but it is not the only one. Eating and drinking, grooming, GPS device interaction, in-vehicle infotainment systems, inattentive passengers, and daydreaming can all form the basis of a distracted driving claim under Louisiana general negligence law. HB 519 does not have to apply for a distraction case to proceed. If the driver was not texting but was adjusting their stereo when they ran a red light, that is a negligence claim. The evidence-gathering approach differs from a phone-use case, relying on witness accounts and EDR data rather than carrier records.

What Happens When a Texting Driver Faces Criminal Charges?

When a texting driver kills someone, Louisiana prosecutors have the authority to charge vehicular homicide under La. R.S. 14:32.1. (This statute’s legis.la.gov doc ID is unconfirmed; citation needs verification.) If the driver causes serious injury without a fatality, vehicular negligent injuring under La. R.S. 14:39 may apply. (Doc ID also unconfirmed.) These are criminal charges. They do not prevent you from pursuing a parallel civil personal injury claim.

The standard of proof is different between the two tracks. Criminal conviction requires proof beyond a reasonable doubt. Your civil claim requires proof by a preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence caused your injury. The civil standard is easier to meet. A case that fails criminally can still succeed civilly.

A guilty plea or criminal conviction on the texting-related charge is usable in your civil case. It is strong evidence of negligence. If the driver invokes their Fifth Amendment right against self-incrimination in the criminal proceeding, that invocation can be noted in the civil case. Insurance adjusters and defense attorneys coordinate their response when criminal exposure exists. When both tracks are running simultaneously, early legal engagement on the civil side is important. Evidence preservation, depositions, and demand timelines can all be affected by the criminal case calendar.

There is usually no legal reason to delay the civil case while criminal charges are pending. Waiting loses evidence and runs closer to the two-year prescriptive period.

Building a Texting and Driving Injury Case: Evidence and Process

The central challenge in most texting-and-driving cases is proving the phone was in use at the moment of the crash. The defendant will rarely admit it. That is why the evidence chain matters from the first hour.

Cell phone records are the primary source. Your attorney subpoenas the carrier for call logs, SMS timestamps, and data usage records. The records are time-stamped. If the carrier shows data activity within seconds of the crash timestamp, that is direct evidence of phone use. Defense attorneys challenge these records by arguing another person used the phone or that data activity does not prove the driver was looking at the screen. Those challenges are answerable with corroborating evidence.

EDR

Event Data Recorder. The vehicle’s onboard crash recorder. Captures speed, braking, throttle, and steering inputs in the seconds before impact. Also called the “black box.” EDR data is extractable via NHTSA-standard protocols and is admissible in Louisiana courts.

Vehicle telematics log GPS track, speed, acceleration, and braking through built-in systems in modern vehicles. The data is time-stamped. An attorney with experience in telematics evidence can correlate the phone’s data activity with the vehicle’s location, speed, and braking pattern at the moment of impact. The EDR records the seconds immediately before the collision. That data can show whether the driver was braking or at full throttle when the crash occurred.

Traffic cameras, dashcams from nearby vehicles, and witness accounts of phone use are all corroborating sources. Social media investigation looks for posts, check-ins, or live video with timestamps matching the crash window. Police reports noting phone use citation at the scene are primary evidence. A citation at the scene is the strongest single document in these cases.

Preservation Letter

A formal legal demand sent to the defendant and any relevant third parties requiring them to preserve all evidence related to the crash. Stops automatic data deletion on normal retention schedules. Must be sent quickly.

Preservation Letter letters are time-sensitive. Cell carrier records, telematics system data, and dashcam footage have short retention windows. Some systems overwrite data within 30 days. A preservation letter sent within days of engagement locks that data down before it is gone.

Defense tactics follow predictable patterns. The “momentary distraction” argument claims the driver only touched the phone briefly and was not distracted at the moment of impact. The “third party” argument claims someone else used the device. The “contributory fault” argument claims you were also distracted, speeding, or failed to maintain a lookout. Each of these requires a counter-evidence strategy built from the carrier records, telematics, and corroborating sources described above.

Injuries Commonly Caused by Texting and Driving Crashes

Rear-end collisions are the most common crash type when a driver is looking down. A driver who reads a message and does not see stopped or slowing traffic ahead hits at full speed without any pre-impact braking. That is a maximum-energy rear-end impact. The energy transfer goes directly into the vehicle ahead and its occupants.

Whiplash

A soft tissue injury to the cervical spine caused by sudden acceleration-deceleration of the neck. Ranges from muscle strain to ligament tears to cervical fracture. Symptoms often do not present fully until 24 to 72 hours after the crash.

Head and neck injuries dominate the injury profile. Whiplash from rear-end impacts can range from minor muscle strain to cervical fracture. Traumatic brain injury is frequently underdiagnosed in rear-end crashes, particularly at lower speeds. The brain moves inside the skull on deceleration. Symptoms include headache, cognitive changes, memory gaps, and mood changes. These may not present until 24 to 72 hours post-crash. Insurers regularly use delayed symptom presentation to argue pre-existing condition.

Spinal cord injuries occur in high-energy rear-end and T-bone crashes. Thoracic and lumbar spine fractures require imaging that is sometimes not ordered at the emergency room when the patient is ambulatory. Orthopedic injuries (knee, hip, pelvis, and wrist fractures) follow the bracing pattern. Occupants grab the steering wheel or brace against the dashboard before impact. Internal organ injury from abdominal compression is possible in T-bone crashes.

Texting drivers also drift from lanes and run red lights. Pedestrian and cyclist strikes by a distracted driver result in severe injuries because pedestrians and cyclists have no crash structure protecting them. For catastrophic outcomes including spinal cord injury and severe TBI, see the Louisiana catastrophic injury lawyers section.

Underdiagnosed TBI is the most common missed injury in rear-end crashes, and it requires medical experts who can establish the neurological impact and document it for the claim.

Louisiana Comparative Fault and the 51% Bar

Comparative Fault

A legal rule reducing your recovery by your percentage of fault. In Louisiana as of January 1, 2026, if your fault reaches 51% or more, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally by your fault percentage.

Louisiana follows Comparative Fault under La. C.C. Art. 2323. In texting-and-driving cases, the texting driver typically carries 90% to 100% of the fault. A clear statutory violation under HB 519 drives the fault analysis strongly against the violating driver.

Effective January 1, 2026, Act 423 (2024 Regular Session) modified the comparative fault threshold. If your assigned fault reaches 51%, your recovery is zero. That is not a sliding scale below 51%. A 50% fault assignment reduces your damages by half. A 51% assignment produces zero recovery. The distinction between 50% and 51% can be the difference between a significant recovery and nothing.

Adjusters look for shared fault even in cases with clear violations. If you were speeding at the time of the crash, they will argue that percentage against you. If you ran a partial stop sign, they will argue it. If you were also on your phone, they will argue it. These are not automatic findings. They are contested claims. Your attorney needs a specific counter-strategy for each argument the adjuster makes.

Know the No Pay No Play rule. Under La. R.S. 32:866, if you had no valid auto insurance at the time of the crash, you cannot recover the first $15,000 in bodily injury or the first $25,000 in property damage from the at-fault driver’s insurer. Amounts above those thresholds remain recoverable. If you had insurance, this rule does not affect your claim.

Punitive damages may be available where the texting driver’s conduct showed wanton or reckless disregard for safety under La. C.C. Art. 3546. (This statute’s legis.la.gov doc ID is unconfirmed; citation needs verification.) Punitive damages are not available in most Louisiana personal injury cases, but deliberate, repeated phone use while driving despite knowing the risk can support a punitive argument.

What Compensation Does Louisiana Law Allow After a Texting Driver Causes a Crash?

Louisiana law provides several categories of recovery in personal injury cases. The amounts depend on the facts, the injury severity, the available insurance coverage, and the comparative fault analysis.

Loss of Earning Capacity

The difference between what you could have earned over your working lifetime and what you can earn now after the injury. Calculated by a vocational expert and converted to present value by an economist.

Medical expenses cover past treatment costs, future surgery, rehabilitation, and long-term care. Future medical expense claims require treating physician documentation and, for significant future care, a life care planner’s report. Lost wages cover income already lost since the crash. Loss of Earning Capacity covers the gap between your pre-injury earning potential and what you can earn going forward. These are separate claims. Do not let an insurer combine them.

Loss of Consortium

A legal claim available to a spouse for loss of companionship, affection, and support caused by the injured person’s condition. It is a separate damage category from the injured person’s own claims.

Pain and suffering (general damages) are assessed by the jury without a statutory cap in most Louisiana personal injury cases. Property damage covers your vehicle at its pre-accident value. Loss of Consortium is available to a spouse under Louisiana law.

Survival Action

A claim under La. C.C. Art. 2315.1 that recovers damages for the victim’s own pain and suffering from the moment of injury to the moment of death. It is separate from the wrongful death action and can be filed alongside it.

If a family member was killed, heirs may bring a wrongful death action under La. C.C. Art. 2315.2 and a Survival Action under La. C.C. Art. 2315.1. View our case results to see outcomes in similar matters.

Morris & Dewett evaluates all available damage categories at intake and identifies the evidence needed to document each one.

How Long Do You Have to File a Lawsuit After a Texting and Driving Accident in Louisiana?

Prescriptive Period

Louisiana’s term for the statute of limitations. The legal deadline to file a personal injury lawsuit. Under La. C.C. Art. 3493.1, effective July 1, 2024, the period is two years from the date of injury.

The Prescriptive Period for personal injury in Louisiana is two years from the date of injury under La. C.C. Art. 3493.1, which took effect July 1, 2024.

The old three-year period no longer applies. The two-year deadline applies to all defendants: the texting driver, any employer if the driver was on the job, and the insurance carriers.

For wrongful death claims, the two-year prescriptive period runs from the date of death under La. C.C. Art. 2315.2. The period pauses for minors and in limited discovery-rule circumstances. If the crash involved a government vehicle or government-employed driver, a pre-suit tort claim notice must be filed within 90 days of the incident. Do not assume you have more time than the two-year base period without confirming with an attorney.

One more point: a pending criminal case against the texting driver does not extend the civil prescriptive period. Both timelines run concurrently. Waiting for the criminal case to resolve before consulting a civil attorney is a mistake that costs time.

What to Do After a Texting Driver Hits You

The steps taken in the first 24 to 48 hours directly affect the evidence available in your case.

Call 911 immediately. Request that the responding officers note any phone-use citation in the crash report. Preserve the scene. Do not move vehicles until law enforcement arrives unless safety requires it. Photograph vehicle positions, impact points, debris patterns, and any relevant road conditions before anything is disturbed.

Do not give a recorded statement to the at-fault driver’s insurance company before consulting an attorney. Adjusters are trained to elicit statements establishing shared fault. The recording is permanent. Get witness contact information at the scene. Witnesses who observed phone use are high-value evidence that is lost if they leave before being identified.

Seek medical evaluation the same day. TBI and cervical spine symptoms commonly appear 24 to 72 hours after a crash, not at the scene. A same-day medical evaluation with documented findings is a concrete counter to the insurer’s “delayed onset means pre-existing” argument. Do not post about the crash on social media. Defense investigators routinely monitor plaintiff accounts.

Preserve your own phone records and vehicle telematics data. If your car has a built-in telematics system, ask an attorney about a preservation demand before the system overwrites its data. The same applies to any dashcam footage from your vehicle. When you are ready, contact Morris & Dewett to discuss your case. There is no fee unless we recover for you.