Partner at AKD Lawyers

Practice Areas: Personal Injury, Insurance Claims

Texting and driving is one of the most dangerous forms of distracted driving. It keeps drivers from giving their full mental and visual attention to the road and it takes their hands off of the wheel. When people who get behind the wheel decide to text, they put everyone around them at risk.

Louisiana put laws into place designed to combat the use of wireless devices behind the wheel and improve safety on the road. A lot of our clients ask us about texting and driving laws in Louisiana (and just what makes texting and driving so dangerous), so we’ve put together this overview to offer some insight.

Why are Texting and Driving Laws Important?

Does Louisiana have texting and driving laws?

There’s a reason Louisiana has laws specifically designed to combat texting while driving.

Texting and driving laws are important because texting behind the wheel puts everyone at risk. People in cars, on motorcycles and bikes, walking near roads, and even in nearby buildings can all be hurt or killed when someone decides to text and drive.

When somebody operating a vehicle takes their eyes off of the road, serious consequences can take place. That’s why texting while driving is so dangerous.

Texting and Driving Laws In Louisiana

Cellphone use and texting while driving laws in Louisiana

R.S. 32:300.5 (Texting while driving) applies to all drivers:

  •  No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text–based communication.
  • No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site.

If you violate this law…

  • …your first violation is punishable by a fine of $175
  • …any subsequent violation is punishable by a $500 fine

Can I Use My Phone In An Emergency? Can I Use My Phone For Directions?

Am I allowed to use my phone to call 911 while driving in Louisiana? 

Yes. Drivers in Louisiana can use a wireless communication device for navigational purposes to report criminal activity and emergencies. If you’re worried about your mortality, there’s a good chance that you probably don’t need to worry about the legality of using your cell phone.

Underage Texting and Driving Laws In Louisiana

Does Louisiana have special texting and driving laws for minors?

Louisiana has special texting and driving laws that apply to drivers who are under 18.

  • If you’re under 18, you can’t speak or text on a cell phone while you drive in Louisiana (unless you need to report an emergency or criminal activity)
    • If you violate this law, you’ll face a maximum fine of $250; any additional violations result in a 60-day license suspension and a maximum fine of $500; violations that involve accidents equal a doubled fine

What if I have a class E learner’s permit? How about an intermediate license?

You can’t use a cell phone while you drive, unless the device is hands-free. You can, of course, use any cell phone to report an emergency or criminal activity.

Can I be pulled over for texting and driving in Louisiana?

Yes. It is illegal to text and drive in Louisiana; texting and driving is a primary offense in the state. A police officer can pull over a driver who is texting behind the wheel. They can also issue a ticket for texting and driving.

According to the CDC, Texting Is a Three-Pronged Distraction

Texting is a visual, manual, and cognitive distraction. 

The U.S. Centers for Disease Control and Prevention (CDC) cites three primary types of distractions while driving:

  • Visual distractions: These distractions take drivers’ eyes off of the road
  • Manual distractions: These distractions take a driver’s hands off of the wheel
  • Cognitive distractions: These distractions take drivers’ minds off of driving

Texting qualifies as a visual, a manual, and a cognitive distraction. The CDC states that it is especially dangerous for this reason.

Texting Prevents You From Operating Your Vehicle Appropriately

You can’t drive safely while you text

When you look away from the road to text, you increase the chances of an accident. The National Highway Traffic Safety Administration (NHTSA) makes it clear why:

  • Imagine your car is traveling at 55 miles per hour
  • If you look away from the road for five seconds, your car will cover the length of a football field

Texting while driving isn’t just dangerous for you– it’s dangerous for everybody around you. It’s why texting and driving is illegal in Louisiana. Some of the common results of texting and driving include:

  • Rear-ending others’ vehicles
  • Getting into head-on collisions while crossing a center line
  • Driving off of the side of the road
  • Slowing down a dangerous amount

Compensation After a Texting and Driving Accident

If you’ve been involved in a texting and driving accident and faced physical, emotional, or mental damage, you may be eligible to pursue compensation. A qualified car accident lawyer can help you determine whether you are eligible to recover costs associated with:

  • Medical bills necessitated by your accident. This includes past, present, and even potential future medical bills
  • Loss of wages due to time away from work or diminished earning capacity if your ability to work has permanently changed
  • Pain and suffering
  • Disability
  • Disfigurement
  • Loss of enjoyment of life

Do You Need A Lawyer After a Texting and Driving Accident In Louisiana? Alvendia Kelly & Demarest Can Help

In addition to assisting with texting and driving accidents, Alvendia, Kelly & Demarest also offers guidance on various other legal matters. For instance, understanding the impact of the coronavirus in New Orleans or knowing your rights after a work injury can be crucial. With events like Mardi Gras, it’s essential to be aware of safety tips and incidents like the Nyx parade accident. Moreover, if you’re considering joining or initiating a class action lawsuit, our team is here to guide you.

If you or someone you love has been injured in a texting and driving accident in Louisiana, reach out to us via the web or by phone at 504-200-2000 today.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

View all
SCHEDULE A FREE CONSULTATION