Distracted Driving in Louisiana:
Laws, Penalties, and the Impact
on Car Accident Claims

Understand the legal implications of distracted driving in Louisiana

Picture this: Your loved one is driving home from work in Shreveport, Louisiana, when a distracted driver runs a red light and t-bones her car, killing her instantly.  

According to a report by Forbes Magazine, approximately 20 percent of fatal car crashes in Louisiana involve a distracted driver, good for the third highest percentage in the United States.

In this article, we’ll look at distracted driving in the Pelican State, including the laws that govern the use of cell phones and how distracted driving may impact your car accident claim.

Is it illegal to text and drive in Louisiana?

Distracted driving refers to anything that takes your focus off the task of safely operating your motor vehicle. This includes:

Louisiana’s distracted driving statute addresses the most dangerous of these distractions: texting and driving. Under the statute:

It is illegal to use a cell phone to write, send, or read a text-based communication. 

For purposes of Louisiana’s distracted driving statute, this includes reading or sending an e-mail and posting to social media. Although it’s arguably just as dangerous, the statute does not prohibit talking on a cell phone while driving unless the driver is under the age of 18. 

Louisiana's distracted driving statute contains a number of exceptions, including:

• Using the device as an emergency service member in the discharge of official duties
• Using a GPS 
• Reporting emergencies or criminal activity

Penalties for violating Louisiana’s distracted driving statute

The penalty for texting and driving in Louisiana is a fine of not more than $500 for the first offense and not more than $1,000 for each subsequent offense. If a violation involves a collision, the fines may be increased.

The impact of distracted driving on a personal injury lawsuit

Car accident lawsuits are typically based on the legal concept of negligence.

In Louisiana, negligence is defined as “the failure to exercise reasonable care to prevent harm to someone else on the road.” If the plaintiff can prove that the defendant was texting and driving—or engaged in some other distracted activity—when the accident occurred, they can generally establish negligence.

What’s more, if the defendant received a citation for violating Louisiana’s distracted driving statute, the defendant would be presumed negligent, and the defendant will have the burden of proving that they didn’t cause the accident. This is referred to as “negligence per se.”

Louisiana follows a pure comparative negligence rule. In a pure comparative negligence state, the plaintiff’s damages can be reduced according to their percentage of fault.

Here’s how it works:

Driver A causes an accident at night because they were texting and ran a stop sign.  Although it’s clear that Driver A caused the accident because they were texting and driving, the court finds that Driver B was ten percent at fault because Driver B didn’t have their headlights turned on at the time of the accident. 

Under the pure comparative negligence rule, Driver B’s damage award would be reduced by ten percent.

Tips for avoiding a distracted driving violation

Distracted driving is a growing problem in the United States. In response to this problem, the Governors Highway Safety Association (GHSA) released the following 10 tips for avoiding distracted driving:

1. Turn it off and stow it. Turn your phone off or switch it to silent mode before you get in the car. Then, stow it away so that it’s out of sight and reach.
2. Spread the word. Record a message on your phone that tells callers you’re driving and will get back to them when you’re off the road, or enable this feature on your phone (if it is offered).
3. Pull over. If you absolutely need to make a call or answer the phone, pull over to a safe area first.
4. Use your passengers. Ask a passenger to make the call, answer the phone or respond to a text for you.
5. Don’t text. Never text and drive, surf the web or read your email while driving. It’s dangerous and against the law in Louisiana.
6. Know the law. Keep in mind that every state has different laws regarding distracted driving. Familiarize yourself with the laws of each state that you plan to drive through.
7. Prepare. If using your phone for GPS or listening, get everything ready before you start to drive. If you prefer a map or written directions, review them in advance.
8. Secure your pets. Unsecured pets can be a big distraction in the car.
9. Mind the kids. Pull over to a safe place to address situations involving children in the car.
10. Focus on driving. Multi-tasking behind the wheel is dangerous. Refrain from eating, drinking, reading, grooming, smoking, and any other activity that takes your mind and eyes off the road.

The importance of legal representation

If you or a loved one has been injured in a distracted driving accident, it’s important to talk to a seasoned car accident attorney. While understanding Louisiana’s distracted driving law is an important first step, navigating the legal system can be complicated. 

An experienced personal injury attorney can evaluate your case, gather crucial evidence, negotiate with insurance companies, and represent you in court.