Five seconds. That’s the average time your eyes leave the road when reading or texting. At 55 mph, you travel the length of a football field essentially blind. In those five seconds, you trusted another driver not to check their phone, not to respond to that notification, not to let their attention wander. But they did, and now you’re dealing with injuries, medical bills, and a life turned upside down by someone who couldn’t wait to send a message.
The anger you feel is justified. That driver made a conscious choice, prioritizing a text message over the safety of everyone on the road, including your own. They knew the risks, they knew the law, yet they picked up their phone anyway. Now you’re paying the price for their moment of selfishness, facing weeks or months of recovery, mounting expenses, and the trauma of a crash that never should have happened.
Texting while driving creates a perfect storm of impairment by engaging all three types of distraction simultaneously. Visual distraction pulls eyes from the road to read messages. Manual distraction removes hands from the wheel to type responses. Cognitive distraction shifts mental focus from driving to conversation. This deadly combination makes texting drivers 23 times more likely to be involved in a crash than focused drivers, according to research from the Virginia Tech Transportation Institute.
The impairment rivals or exceeds drunk driving in many ways. Reaction times slow dramatically. Lane position becomes erratic. Speed control suffers. Drivers miss critical visual cues such as brake lights, traffic signals, and pedestrians. Unlike alcohol impairment, which remains relatively constant during a drive, texting creates repeated cycles of total distraction, each one a potential catastrophe.
Young drivers face particular risks. Teen drivers already lack experience in reading traffic patterns and anticipating hazards. Adding texting multiplies these vulnerabilities exponentially. The Centers for Disease Control reports that drivers under 20 have the highest proportion of distraction-related fatal crashes. Among teen drivers involved in fatal crashes, 10% were distracted at the time of the crash.
Louisiana consistently ranks among the worst states for distracted driving crashes. The Louisiana Highway Safety Commission reports that distracted driving contributes to approximately 25% of all crashes statewide. In 2023 alone, these crashes resulted in 208 fatalities and over 3,200 injuries. Behind each statistic is a family forever changed by someone’s decision to text while driving.
Cell phone use, primarily texting, represents the most common distraction in fatal crashes. Young drivers aged 15-24 account for 38% of drivers using cell phones during fatal crashes, despite representing only 14% of licensed drivers in the United States. These numbers likely underrepresent the true scope, as proving texting without admission or witnesses remains challenging.
The economic toll extends beyond individual victims. Distracted driving crashes cost Louisiana over $1 billion annually in medical expenses, lost productivity, property damage, and legal costs. Insurance rates for all Louisiana drivers increase to offset these losses, meaning everyone pays for texters’ recklessness.
On August 1, 2025, Louisiana implemented House Bill 519, dramatically strengthening penalties for device use while driving. This law moves beyond simply banning texting to prohibit virtually all handheld device use. The comprehensive approach recognizes that any phone interaction, not just texting, creates unacceptable danger.
The law specifically prohibits:
Hands-free calling remains permitted for adult drivers, but the device must be in a fixed position or hands-free mode. Even legal hands-free use becomes illegal if it causes distracted driving behaviors such as lane departure or erratic speed changes.
Louisiana’s new penalties reflect the serious nature of texting while driving:
First Offense:
Subsequent Offenses:
Criminal Consequences: When texting causes serious injury or death, drivers face criminal prosecution under Louisiana Revised Statutes 14:32.1 (vehicular homicide) or 14:39 (vehicular negligent injuring). Convictions bring prison time, substantial fines, and permanent criminal records affecting employment and housing opportunities.
Louisiana’s texting ban operates as a primary law, meaning officers can stop vehicles solely for the observed use of phones. This differs from secondary enforcement states, where another violation must occur first. Primary enforcement significantly increases citation rates and compliance.
Officers use various methods to identify texting drivers:
Texas maintains similar primary enforcement for texting while driving under Transportation Code Section 545.4251. Penalties include fines up to $99 for first offenses and $200 for repeat violations. Causing serious injury or death while texting triggers enhanced penalties under Texas Penal Code Section 49.
Establishing that another driver was texting requires strategic evidence gathering. Unlike alcohol impairment with chemical tests, texting leaves primarily digital footprints requiring legal processes to uncover. Successful cases combine multiple evidence types, creating compelling proof of distraction.
Cell Phone Records: Subpoenaed phone records reveal the exact timing of calls, texts, data usage, and app activity. These records demonstrate device interaction at the time of the crash. Carriers maintain detailed logs showing not just text messages but all phone activity, including social media access, email, and web browsing.
Vehicle Telematics: Modern vehicles record extensive data, including speed, braking, steering inputs, and sometimes phone connectivity. Event data recorders capture the seconds leading up to impact, potentially revealing driver responses consistent with distraction. Some systems log Bluetooth connections and hands-free system usage.
Witness Testimony: Passengers, other drivers, and pedestrians often observe texting behavior before crashes. Their testimony provides powerful evidence, especially when multiple witnesses corroborate observations. Witnesses might describe seeing screen glow, head positions, or one-handed driving patterns.
Physical Evidence: The position of phones in vehicles after crashes provides circumstantial evidence. Phones on the driver’s seat, floorboards near the pedals, or still in hand suggest recent use. Screen damage patterns and activated apps provide additional clues about usage at the time of impact.
Traffic Camera Footage: Intersection cameras, business surveillance, and dashboard cameras increasingly capture texting behavior. This visual evidence proves devastating to the defense’s claims of attention to driving. Even footage showing pre-crash behavior patterns helps establish the presence of distraction.
Social Media Investigation: Posts, messages, or updates timestamped near the time of the crash provide direct evidence of phone use. Screenshots must be captured quickly before deletion. Live streams or stories with location data prove particularly damaging to texting drivers’ defenses.
Insurance companies representing texting drivers deploy predictable strategies to avoid liability. Understanding these tactics helps prepare stronger cases.
“Momentary Distraction” Defense: Insurers argue that brief glances at phones don’t constitute negligence. Louisiana law rejects this argument. Any voluntary distraction violating traffic laws constitutes negligence. Five seconds of texting equals 100 yards of blind driving, far exceeding any reasonable “momentary” definition.
“No Direct Proof” Argument: Without admission or clear evidence, insurers claim texting cannot be proven. Circumstantial evidence, however, carries equal legal weight when reasonably indicating texting. Courts regularly find liability based on timing correlations between phone records and crashes.
“Comparative Fault” Deflection: Insurance companies search for any contributing factor to shift blame. They’ll argue you could have avoided the crash through defensive driving. Louisiana’s comparative fault law (Civil Code Article 2323) allows recovery even with partial fault, though reduced proportionally.
“Emergency Purpose” Claims: Drivers sometimes claim they were handling emergencies justifying phone use. Louisiana law provides no emergency exception to texting bans. True emergencies require pulling over safely or using hands-free options.
“Hands-Free Confusion” Arguments: With hands-free calling legal, drivers claim they were using permitted functions when crashes occurred. Technical evidence distinguishes between hands-free calling and handheld texting, defeating such claims.
Texting and driving crashes often cause severe injuries due to drivers’ complete inattention, preventing any evasive action. Victims frequently suffer multiple traumas requiring extensive treatment and prolonged recovery. Louisiana law recognizes comprehensive damages addressing all impacts.
Immediate Medical Costs:
Long-Term Medical Needs:
Economic Losses:
Non-Economic Damages:
Punitive Damages Potential: Louisiana Civil Code Article 3546 allows for the award of punitive damages when a defendant’s conduct demonstrates a wanton or reckless disregard for others’ safety. Texting while driving, violating explicit safety laws, and other similar actions may qualify for such enhanced damages. While rare, courts have awarded punitive damages in egregious texting cases.
Texting drivers cause most rear-end crashes by failing to notice stopped or slowing traffic. These crashes at full speed create devastating forces, particularly for stopped vehicles. Whiplash, traumatic brain injuries, and spinal damage commonly result. Louisiana’s presumption that rear drivers bear fault strengthens these cases significantly.
Texting drivers miss traffic signals, stop signs, and turning vehicles at intersections. These T-bone collisions expose vehicle sides with less protection, causing severe injuries to occupants. Multiple vehicles often become involved when texting drivers blow through intersections.
Texting at highway speeds multiplies danger exponentially. Lane departures cause head-on collisions or rollovers. The high speeds leave no margin for error and create catastrophic forces during impact. Interstate crashes involving texting often result in fatalities or life-altering injuries.
Texting drivers fail to notice pedestrians in crosswalks or cyclists in bike lanes. These vulnerable road users have no protection against vehicle impact. Such crashes cause traumatic brain injuries, spinal cord damage, multiple fractures, and internal injuries. Urban areas are experiencing an increase in pedestrian strikes due to distracted driving.
When commercial drivers text, the consequences multiply due to vehicle size and weight. Federal Motor Carrier Safety Regulations explicitly prohibit commercial drivers from texting. Violations create additional liability for both drivers and employers. These crashes often involve multiple vehicles and catastrophic injuries.
Texting and driving crash victims often develop post-traumatic stress disorder, anxiety, and depression. The sudden, preventable nature of these crashes creates particular psychological difficulty. Victims struggle with hypervigilance while driving, panic attacks, and an inability to trust other drivers. Professional therapy becomes essential, but adds substantial costs.
Injuries affect entire families, not just direct victims. Spouses become caregivers, sacrificing careers to provide support. Children lose parental involvement during recovery. Relationships strain under financial pressure, and personality changes from traumatic brain injuries. Marriage counseling and family therapy often become necessary.
Serious injuries derail career trajectories. Missed promotions, lost professional relationships, and inability to maintain certifications create lasting impacts. Some victims are unable to return to their previous occupations, necessitating vocational rehabilitation and retraining. The loss extends beyond current wages to lifetime earning potential.
Physical limitations and psychological trauma often lead to social withdrawal. Victims miss important life events, lose friendships, and struggle with previous activities. The isolation compounds depression and slows recovery. Support groups and counseling help, but require time and resources that many victims lack.
Proving texting requires understanding cellular technology, vehicle telematics, and data preservation requirements. Phone companies resist subpoenas. Data gets overwritten quickly. Insurance companies employ experts to dispute technical evidence. Experienced attorneys know how to preserve, obtain, and present technical evidence effectively.
Insurance companies defending texting drivers deploy substantial resources to minimize claims. They hire accident reconstructionists, medical experts, and technology specialists. They conduct surveillance, analyze social media, and investigate victims’ backgrounds. Facing these resources alone puts victims at a severe disadvantage.
Texting and driving cases involve complex legal issues, including:
Experienced attorneys navigate these complexities while protecting clients’ interests.
Evidence disappears quickly in texting cases:
Immediate legal representation ensures crucial evidence gets preserved before it’s lost forever.
For over 40 years, Morris & Dewett has stood with Louisiana families who have been devastated by preventable crashes. We’ve witnessed texting and driving evolve from a rare occurrence to an epidemic threat. Throughout this evolution, our commitment remains constant: holding distracted drivers accountable and securing justice for victims.
Immediate Investigation: We act quickly to preserve disappearing evidence:
Expert Resources: We work with leading experts who strengthen cases:
Aggressive Advocacy: We pursue maximum compensation through:
We handle texting and driving cases on contingency, meaning you pay nothing unless we win. We cover all case expenses, including expert witness fees, court costs, and investigation fees. This arrangement ensures that every victim can pursue justice, regardless of their financial situation.
Our fee structure is transparent and fair. We explain exactly how fees work before you sign anything. No hidden costs, no surprises, just straightforward representation focused on your recovery.
While every case is unique, our track record demonstrates our ability to secure meaningful compensation for victims of texting and driving. We’ve obtained millions in settlements and verdicts, ensuring clients receive resources for medical care, lost wages, and rebuilding their lives.
More importantly, we’ve helped families find closure and justice after preventable tragedies. We’ve forced changes in driver behavior through publicized victories. We’ve provided platforms for victims to share their stories, potentially preventing future crashes.
Louisiana’s one-year prescription period for personal injury claims means time works against you. Evidence disappears. Witnesses relocate. Phone records get purged. Every day that passes makes proving texting more difficult.
Beyond legal deadlines, your recovery cannot wait. Medical bills accumulate interest. Lost wages create financial pressure. Insurance companies use delay tactics, hoping you’ll accept inadequate settlements. The sooner you have experienced advocates protecting your interests, the sooner you can focus on healing.
If a texting driver injured you or killed someone you love, you need answers, and you deserve justice. Morris & Dewett provides both through compassionate, aggressive representation that puts your needs first.
Call us at (318) 221-1508 for a free, confidential consultation. We’ll evaluate your case, explain your rights, and outline paths to recovery. No obligations, no pressure, just honest guidance when you need it most.
Visit our offices throughout Louisiana, or we’ll come to you. Hospital visits, home consultations, and virtual meetings accommodate your situation. Evening and weekend appointments are available because injuries don’t follow business hours.
Email us through our secure contact form if you prefer written communication. Provide basic information about your crash, and we’ll respond promptly with next steps.
That driver chose to text, knowing the risks and breaking the law. Their momentary decision created lasting consequences for you and your family. While we cannot undo the crash, we can ensure you receive full compensation for your injuries and hold the responsible party accountable.
You don’t have to face insurance companies alone. You don’t have to accept their inadequate offers. You don’t have to sacrifice your future because someone couldn’t wait to send a text. Morris & Dewett stands ready to fight for your rights, your recovery, and your future.
The driver who hit you made a choice. Now you have one too: whether to accept the insurance company’s lowball offer or fight for the compensation you truly deserve. We’re here to help you make the right choice and support you every step of the way.
Don’t let a texting driver’s recklessness define your future. Contact Morris & Dewett today at (318) 221-1508 and let us help you rebuild your life.
We understand you have many questions after your accident. Here are answers to the concerns we hear most often from Louisiana families:
"I quickly, learned two rules in this business.
First, defendants in an injury suit put up obstacles and barriers. They want the case to take as long as possible, because it wears the plaintiff down. I have learned that if you run at those barriers hard enough, and fast enough, many of them will disappear.
Second, "The fastest way to settle a case is to prepare for trial. Insurance companies know which firms will go to court, which will not, and who can win. It is important to choose a firm that is committed to the results you want.”
Our team of intake specialists is ready to listen to you and gather all the information for a free, confidential case evaluation. We will hear you out, take what you say seriously, and then round up with our legal team.
Our lawyers will provide you with no-obligation feedback on your case, usually on the same day, but no later than 24 hours. We will give you the appropriate course of action for your situation.
If your case is a good fit for our firm and you graciously allow us to represent you, our team will begin working immediately. We will investigate, send the appropriate letters to stop insurance companies from harassing you, and start your medical recovery.
Our internal process is transparent with high levels of communication from the opening of your case to the final handshake. Our firm will promptly return your phone calls and keep you informed. You will know the exact status of your case. Our case managers and attorneys are committed to making a difficult situation as stress-free as possible.
