Texting while driving is illegal in Louisiana, per RS 32:300.5, as it is in nearly all U.S. states. A driver caught texting and driving can pay a fine, but if a distracted driving crash occurs, causing injuries or death to others, the driver may be held responsible in civil court.
Are There Exceptions to the Texting and Driving Law in Louisiana?
Per Louisiana law, no one can drive a motor vehicle while using a wireless device to “write, send, or read” text messages. It also states that drivers cannot use a wireless device to “access, read, or post” to social media. The exceptions are:
- A first responder performing their duties
- Any driver reporting illegal activities or requesting emergency assistance
- Any driver attempting to “prevent injury to a person or property”
- Drivers using a GPS device
- Healthcare providers helping in medical emergencies
- For-hire drivers communicating with dispatchers if the device used is permanently attached to the vehicle
Drivers Holding a Class E Learner’s License or Intermediate License
In addition to the texting law, those holding an intermediate or Class E learner’s license may not make a call with a wireless device while driving unless it’s a hands-free device. The exceptions to this would be:
- Reporting an emergency
- Reporting a criminal activity
Drivers Who Are Minors
Louisiana drivers under the age of 18 may not use wireless devices to make or receive calls or texts or for any other purpose while driving except for:
- Reporting an emergency
- Reporting a criminal activity
Motorists can use CB radios and other similar devices.
Driving in School Zones
Drivers may not use wireless devices in school zones during posted hours except for devices permanently attached to the vehicle or hands-free. Exceptions include reporting an emergency or criminal activity.
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How Are Texting and Driving Dangerous in Louisiana?
The National Safety Council (NSC) and the National Highway Traffic Safety Administration (NHTSA) identify some of the dangers of distracted driving, including:
- “Inattention blindness”: This happens when we look at something but don’t really see it because our brains are engaged in a text or phone conversation while driving. This can happen when using a hands-free or handheld wireless device.
- Time, speed, and distance: If we glance down at a text message for 5 seconds while driving 55 mph, we will drive the length of a football field before we raise our eyes to watch the road.
- Three areas of distraction: Visual because you look at the screen instead of the road; manual because you either hold a handheld device instead of the wheel or, on a hands-free device, you use one hand to swipe or type on the screen instead of holding the wheel; cognitive because your brain focuses on the phone or text conversation and the mechanics of using the device rather than driving.
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Why Does Louisiana Have Laws Specific to Texting and Driving?
Texting while driving is dangerous for various reasons. If a driver texts and drives and causes an accident that injures or kills others, that driver may be found liable for all damages.
Liability is a key factor when pursuing a full and fair compensation settlement or verdict. A personal injury attorney can investigate the accident and collect evidence to identify all liable parties and show how their negligence caused the accident.
Compensation helps victims of accidents caused by texting and driving by covering costs such as:
- Income loss
- Lost or reduced earning ability
- Medical and rehabilitation expenses
- Counseling
- Transportation
- Pain and suffering
- Loss of companionship
- Loss of quality of life
If you have suffered an injury, our attorneys may help guide you through the process of recovering damages for your losses.
Wrongful Death Damages in a Louisiana Texting and Driving Collision
If you lost a loved one because of another driver’s negligence, you and your family might be able to sue the liable party in a wrongful death lawsuit. If you receive compensation in this case, you could recover losses such as:
- The decedent’s medical bills
- Funeral and burial costs and other final arrangements fees
- Lost household income, including future income
- Loss of medical coverage or retirement funds
- Loss of inheritance
- Other applicable losses
Our attorney can explain how these legal actions work under Louisiana law and if you can pursue wrongful death damages during a free consultation.
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Call Laborde Earles Injury Lawyers After a Texting and Driving Accident in Louisiana
If you have been in a texting-while-driving crash in Louisiana, call our office today for a free consultation. Our clients benefit from our personal injury lawyers’ collective 250 years in the legal field fighting for the rights of victims.
You will have fierce legal advocates by your side who have won millions in settlements and verdicts for clients throughout the state. Give us a call today so that we can learn how we can help you.
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