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Texting and Driving Accident Lawyer in Louisiana

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Experienced Louisiana Texting and Driving Accident Lawyers Near Me

Free Consultation for Distracted Driving Accident Victims Across Louisiana

A driver who looks down at a phone for a few seconds can change your life. One glance at a screen is long enough to miss a stopped car, drift across the center line, or run a red light at full speed.

If a distracted driver hurt you, Louisiana law is on your side. The state bans handheld phone use behind the wheel, and that violation can become highly relevant evidence in your injury claim.

At Gordon McKernan Injury Attorneys, our Louisiana texting and driving accident lawyers have recovered approximately $3 Billion for injured people and their families (past results do not guarantee future outcomes). Our car accident lawyers know how insurance companies defend these claims, and we know how to prove what actually happened in the seconds before impact.

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Types of Injuries Caused by Distracted Driving Crashes in Louisiana

Car accident injuries approach catastrophic, especially when one driver is distracted. Here are the injuries we see most often:

Louisiana Distracted Driving Accident Statistics

Distraction is not a minor problem on Louisiana roads. State data shows how often a driver’s divided attention turns into a serious crash.

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753

people killed in Louisiana crashes in 2024

183

of those deaths (24%) caused by inattention or distraction

1,562

serious injuries caused by distracted or inattentive driving in 2024

Source: Louisiana Highway Safety Commission, Distracted Driving

Louisiana’s Hands-Free Law and What It Means for Your Claim

Louisiana’s phone rules changed recently. The old texting ban, R.S. 32:300.5, was repealed in 2025. A broader hands-free law, R.S. 32:59, took its place.

The new law reaches much further than a texting ban. Drivers cannot hold or physically support a phone while driving on a public road unless the vehicle is lawfully stationary. Reading a message, scrolling social media, viewing photos, and typing an address by hand are all prohibited.

Officers could issue warnings only for violations before January 1, 2026. Full enforcement began that day.

Penalties depend on where the violation happened:

$250 fine in a school zone or highway construction zone, where it is a primary offense
$100 fine in any other location, where it is a secondary offense
Double the fine if the driver was involved in a crash at the time

One detail matters enormously for injury victims. When a phone violation involves a crash, the investigating officer must note on the written accident report that the driver was using a wireless device. That entry can become important proof later.

There is a catch worth knowing. Outside school and construction zones, an officer can only cite a driver for phone use after stopping them for a separate violation. Plenty of texting drivers never get ticketed at all. That is exactly why independent evidence matters, and why our distracted driving accident lawyers start building it immediately.

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How We Prove a Driver Was Texting

Drivers almost never admit they were on their phone. Proof comes from records and witnesses, not confessions. That evidence disappears fast, so we move quickly.

Our distracted driver attorneys in Louisiana work to secure:

Cell phone records showing calls, texts, and data use at the moment of impact
The crash report and any officer notes about device use
Nearby surveillance, doorbell, and dashcam video
Statements from passengers, other drivers, and bystanders
Vehicle event data recorder downloads
Photos of the scene, skid marks, and vehicle damage

Phone records usually require a subpoena, and carriers do not hold them indefinitely. The sooner we begin, the more proof we can protect.

Commercial crashes open additional doors. When a company driver causes the wreck, our truck accident lawyers also pursue dispatch logs, electronic logging device data, and the employer’s own phone-use policies.

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How Long You Have to File a Texting While Driving Accident Claim

Louisiana calls its filing deadline prescription. Under Civil Code article 3493.1, delictual actions are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained.

That article took effect July 1, 2024. Claims arising before that date fall under the earlier one-year rule, so the date of your crash controls which deadline applies to you.

Two years sounds like plenty of time. It rarely is. Phone records get purged, video gets overwritten, and witnesses move away or forget details. Talking with a lawyer early protects both your deadline and your proof.

Injured? Call Now at 888.501.7888

Compensation Available After a Texting and Driving Crash

Louisiana law allows injured people to recover both financial losses and personal harm. What a claim is worth depends on the severity of your injuries and how they affect your life going forward.

Our texting driver accident lawyers pursue damages for:

Emergency care, surgery, and hospital bills
Ongoing treatment, therapy, and future medical needs
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement
Vehicle repair and property damage

Insurers routinely argue that injuries are minor or unrelated to the crash. We answer that with medical records, treating physician opinions, and expert testimony when a case calls for it.

Riders and people on foot tend to suffer the worst outcomes in distracted driving wrecks. Our motorcycle accident attorneys and pedestrian accident lawyers handle those claims throughout the state.

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Louisiana’s 51% Fault Rule Could Decide Your Case

Louisiana changed how shared fault works, and the change is significant. Under Civil Code article 2323, as amended by Acts 2025, No. 15, a new rule applies to injuries occurring on or after January 1, 2026.

Here is what it means:

If you are 51% or more at fault, you recover nothing at all
If you are less than 51% at fault, your recovery is reduced by your share of the blame

Because fault can significantly affect a claim, evidence showing what each driver was doing immediately before the collision may be especially important.

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Speak With a Louisiana Texting and Driving Accident Attorney Near You Today

Injured in an Accident? Find Legal Help Near You

You did not choose any of this. Someone else picked up a phone, and now you are the one dealing with the pain, the bills, and the endless calls.

Gordon McKernan Injury Attorneys serves injured people across the state, with offices in Baton Rouge, Lafayette, Shreveport, Lake Charles, New Orleans, Monroe, and more. We also handle local claims for drivers in Shreveport, Baton Rouge, and New Orleans.

Our results include 230+ Million dollar verdicts and settlements.

Call 888.501.7888 today for a free consultation.

With our No Fee Unless We Win promise, you pay nothing unless we recover money for you. That is the G Guarantee.

When you need results, Get Gordon, Get It Done.

Prior results do not guarantee a similar outcome. Results may vary depending on the facts and circumstances of each case. Viewing this website or contacting the firm does not create an attorney-client relationship.

Injured? Call Now at 888.501.7888

When the Texting Driver Does Not Carry Enough Insurance

Louisiana requires drivers to carry only modest liability coverage. Under R.S. 32:900, the minimum limits for a personal auto policy are:

$15,000 for bodily injury to or death of one person in one accident
$30,000 for bodily injury to or death of two or more people in one accident
$25,000 for damage to the property of others in one accident

A serious injury can blow past those numbers in a single hospital stay. When that happens, we look for other sources of recovery, including any uninsured or underinsured motorist coverage on your own policy and any business policy covering a driver who was working at the time.

Louisiana distracted driving accident claims often involve more than one policy. Identifying every available layer of coverage is part of our job. Our personal injury lawyers review the full insurance picture before anyone signs anything.

Mistakes to Avoid After a Distracted Driving Crash

Small missteps in the first days can cost you real money later. Insurers notice every one of them.

Try to avoid these common errors:

Telling anyone at the scene the crash was partly your fault
Putting off medical treatment or skipping follow-up appointments
Posting photos or updates about the crash on social media
Giving a recorded statement to the other driver’s adjuster
Accepting the first settlement offer that arrives
Waiting months before speaking with an attorney

Already made one of these? Do not panic. A distracted driving injury attorney can often contain the damage, and most claims are still very much worth pursuing.

How Our Louisiana Texting and Driving Lawyers Handle Your Case

From your first call to the final check, we handle the parts of your claim that would otherwise land on you.

Here is what that looks like:

Investigating the crash and identifying every liable party
Preserving phone records and other time-sensitive evidence
Collecting police reports, medical records, and billing
Interviewing witnesses
Working with reconstruction experts when fault is disputed
Handling every call and letter from the insurance companies
Negotiating for full value and filing suit when the offer falls short

Our firm includes over 180 employees, including 130+ staff and 47 attorneys, and our attorneys bring 679+ years of combined legal experience to your case. A lawyer for a texting and driving crash should be someone you can actually reach and someone the other side takes seriously.

While we build your case, you focus on healing.

Don’t Wait — Talk to a Louisiana Texting and Driving Lawyer Today

At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.

Call a Louisiana Texting and Driving Laywer Near Me

How It Works

Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.

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Fill out our quick and easy form to find out if your case qualifies. Our consultations are free and confidential, and we are here to help whether you hire us or not!

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Our team will evaluate your case and decide on the best course of action. One of our lawyers will get back to you promptly and begin the process of winning your case!

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Once your case has been evaluated and deemed a good fit for our firm, our team will go to work immediately on gathering evidence, building your case, and getting you the compensation that you deserve.

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 21 October 2026
 
 
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 20 October 2026
 
 
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 14 October 2026
 
 
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 14 October 2026
 
 
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 14 October 2026
 
 
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