Louisiana Texting and Driving Accident Lawyer

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

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.

A statutory violation of HB 519 that causes a crash invokes negligence per se under Louisiana law. The violation is the negligence. Ask any attorney you are considering whether they understand how HB 519 expanded the scope of the prior texting ban. An attorney unfamiliar with the August 2025 changes may be evaluating your case under the old, narrower law. That matters.

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. Ask the attorney you are speaking with whether they have handled distracted driving cases that did not involve phone use. The evidence-gathering approach differs.

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.

Ask any attorney you are considering how they handle civil cases when criminal charges are pending. If they say they wait for the criminal case to resolve first, ask why. There is usually no legal reason to delay the civil case. 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.

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 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. Ask any attorney you consider how they have addressed each of these defenses in prior texting cases. Vague answers indicate inexperience with this specific claim type.

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.

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.

Ask any attorney you consult whether they have experience with TBI cases specifically. Underdiagnosed TBI is the most common missed injury in rear-end crashes, and it requires medical experts who can establish the neurological impact. An attorney without TBI case experience may not know which experts to retain or how to document the injury for maximum effectiveness.

Louisiana Comparative Fault and the 51% Bar

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. Ask any attorney you consider whether they have evaluated punitive exposure in this case and what the analysis was.

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.

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.

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.

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.

Ask any attorney you are considering which specific damages categories they intend to claim on your behalf and how they will document each one. An attorney who cannot name the specific damages categories and the evidence needed to support each one has not analyzed your case yet. Morris & Dewett evaluates all available damage categories at intake.

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

The Prescriptive Period for personal injury in Louisiana is two years from the date of injury under La. C.C. Art. 3493.11, which took effect July 1, 2024.

The old three-year period no longer applies. If an attorney quotes you three years, they are working from law that no longer exists. That is a concrete red flag. 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.

Frequently Asked Questions

What Louisiana law prohibits texting while driving?

House Bill 519, effective August 1, 2025, is Louisiana's current handheld device law. It prohibits writing, sending, or reading text communications; accessing or posting to social media; video recording or broadcasting; and any handheld phone use while the vehicle is in motion. Louisiana began full fine enforcement on January 1, 2026. A violation of HB 519 that causes a crash invokes negligence per se under Louisiana law, meaning the violation itself establishes the negligence element of your claim without requiring additional proof of unreasonable conduct.

How do I prove the other driver was texting at the time of the crash?

Cell phone carrier records, subpoenaed by your attorney, show call logs, SMS timestamps, and data usage with time stamps. If carrier data shows phone activity within seconds of the crash, that is direct evidence. Vehicle telematics and event data recorder (EDR) data corroborate the timeline. Traffic cameras, dashcam footage, witness accounts, and the police report all contribute. Social media investigation looks for posts or live video timestamped within the crash window. Defense attorneys will challenge individual pieces of this evidence, but a coordinated evidence chain from multiple sources is difficult to rebut.

Can I still recover compensation if I was partially at fault?

Yes, in most cases. Under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109376), Louisiana follows comparative fault. If you are partially at fault, your recovery is reduced by your fault percentage. As of January 1, 2026, if your fault reaches 51% or more, you recover nothing. If you are 50% or less at fault, you recover the remainder. In texting-and-driving cases, the texting driver typically carries 90% to 100% of the fault due to the statutory violation. Adjusters will argue shared fault if you were speeding or distracted yourself. Those arguments are contestable with counter-evidence.

What is the deadline to file a lawsuit after a texting and driving accident in Louisiana?

Two years from the date of injury under [La. C.C. Art. 3493.11](https://legis.la.gov/legis/Law.aspx?d=1092220), effective July 1, 2024. The old three-year period no longer applies. For wrongful death claims, the two-year period runs from the date of death. If a government vehicle or government employee was involved, a pre-suit tort claim notice must be filed within 90 days. A pending criminal case against the texting driver does not pause or extend the civil prescriptive period. Both timelines run at the same time.

What happens if the texting driver faces criminal charges?

A criminal case and a civil personal injury case can proceed in parallel. The civil claim is not stayed because of criminal charges. The standard of proof is lower in the civil case (preponderance of the evidence) than in the criminal case (beyond a reasonable doubt). A guilty plea or criminal conviction can be introduced as evidence in the civil case. If the defendant asserts their Fifth Amendment right in the criminal proceeding, that invocation can be noted in the civil case. Insurance defense attorneys coordinate their response when criminal exposure exists, making early legal engagement on the civil side important.

Can I recover if the texting driver had no insurance?

Yes, in most cases, through your own {TERM: UM/UIM | Uninsured/Underinsured Motorist coverage. Your own auto insurance policy pays when the at-fault driver has no insurance (UM) or not enough insurance (UIM). Louisiana law requires insurers to offer this coverage. It can be stacked across multiple vehicles on your policy.} coverage. Louisiana law requires insurers to offer UM/UIM coverage. If you rejected it in writing, that source may be limited. If you had no auto insurance yourself at the time of the crash, La. R.S. 32:866 (No Pay No Play) bars recovery of the first $15,000 in bodily injury and first $25,000 in property damage from the at-fault driver's insurer. Amounts above those thresholds remain recoverable even without your own insurance.

What types of damages are available in a Louisiana texting and driving case?

Louisiana law allows recovery for medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering (general damages, with no statutory cap in most cases), property damage, and loss of consortium for a spouse. If a family member was killed, heirs may bring wrongful death and survival actions under [La. C.C. Art. 2315.2](https://legis.la.gov/legis/Law.aspx?d=109386) and [La. C.C. Art. 2315.1](https://legis.la.gov/legis/Law.aspx?d=109385) respectively. Punitive damages may be available where the driver's conduct showed wanton or reckless disregard, though they are not available in most standard personal injury cases.

Does Louisiana law allow punitive damages in texting and driving cases?

Louisiana generally does not allow punitive damages in personal injury cases. The exception arises under La. C.C. Art. 3546 when the defendant's conduct showed wanton or reckless disregard for the safety of others. (This statute's legis.la.gov doc ID is unconfirmed and needs verification.) A driver who was texting while also driving impaired, or who was actively engaged in a video call while aware of the risk, may present facts that support a punitive argument. These cases are evaluated individually. Ask any attorney you consult whether they have analyzed the punitive damages question for your specific facts.

What counts as distracted driving in Louisiana if the driver was not texting?

Louisiana's general negligence law covers distracted driving even when HB 519's handheld prohibition does not technically apply. A driver who was eating, grooming, interacting with passengers, adjusting in-vehicle entertainment systems, or staring at a GPS screen when they caused a crash can be held negligent. The standard is whether a reasonably careful driver would have maintained attention to the road under the same circumstances. These cases require different evidence than phone-use cases. Witness accounts, dashcam footage capturing the in-vehicle behavior, and the absence of pre-impact braking from EDR data are the primary tools.

What does it cost to hire a Louisiana texting and driving accident lawyer?

Morris & Dewett handles personal injury cases on a {TERM: Contingency Fee | A fee arrangement where the attorney is paid a percentage of the recovery only if there is a recovery. The client owes no attorney fees if the case is unsuccessful, and no upfront payment is required.} basis. You pay nothing upfront. If we do not recover for you, you owe no attorney fees. The percentage is disclosed clearly at the start of the engagement. Case expenses (filing fees, expert costs, deposition costs) are handled differently from attorney fees. Ask any attorney you consult about their specific expense arrangement so you understand the full financial picture before signing.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.