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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.
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.
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
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 The old texting ban, R.S. 32:300.5, was repealed in 2025.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.
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.
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.
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.
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.
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.
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.
How It Works
Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.
Get Your Free Consultation
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!
Hear From An Attorney
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!
Get Gordon!
Get It Done!
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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Texting and Driving Accident Lawyer in Louisiana Blog Posts
Injured? Get a FREE Consult Now!
Let Our Team Fight For You!
If you or a loved one has been injured, don't wait— contact Gordon McKernan Injury Attorneys today for a free consultation. Our team is ready to fight for you and secure the compensation you deserve.
With over 30 years of experience, a proven track record of success, and a commitment to client care, we are the best personal injury attorneys in Louisiana to handle your case.
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Office Locations
Denham Springs Office
163 Del Orleans Ave., Denham Springs, LA 70726
Gonzales Office
220 S. Burnside Ave. Gonzales, LA 70737
New Orleans Office
3900 Veterans Memorial Blvd. STE 300 Metairie, LA 70002
Zachary Office
4361 Main St. Zachary, LA 70791
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