Experienced Lawyers In Louisiana
Texting and Driving Accident Lawyer in New Orleans
Injured? Get Gordon!
No Fee Unless We Win
I’ll win your case, or you don’t owe me a dime. No costs, no expenses, no fee. Nothing.
Injured? Get a FREE Consult Now!
Best Texting and Driving Accident Lawyers Near Me
Free Consultation for Texting and Driving Accident Cases Near Metairie
One glance at a screen is all it takes. A driver looks down, traffic slows ahead, and the crash happens before they ever look back up. You are the one left with the broken bones, the missed paychecks, and the adjuster who keeps calling.
At Gordon McKernan Injury Attorneys, our texting and driving lawyers in New Orleans know how important evidence may become harder to obtain as time passes. Relevant phone, video, and electronic records may not remain available indefinitely. Security footage may be overwritten as recording systems continue to capture new footage. Witnesses forget what they saw at the intersection. Our team can begin evaluating the evidence and preservation needs promptly after you contact us.
Our firm has recovered approximately $3 Billion for injured people and their families across Louisiana, with 230+ Million dollar verdicts and settlements along the way. Your consultation is free, and you owe us nothing unless we win your case. That is the G Guarantee.
Types of Texting and Driving Accident Injuries Our New Orleans Lawyers Handle
A distracted driver rarely slows down before impact, so these crashes often hit harder than the vehicle damage suggests. Some injuries announce themselves right away. Others surface days later, once the adrenaline wears off and the stiffness sets in.
- Fourth-Degree Burn
- Second Degree Burn
- Third Degree Burn
- Muscle Strain
- Electrical Burn Injury
- Contusion Injury
- Chemical Burn
- Sprain
- Skull Fracture
- Shoulder Injury
- Collapsed Lung
- Organ Damage
- Lacerations and Abrasions
- Concussion
- Knee Injury
- Internal Bleeding
- Hip Fracture
- Herniated Disc
- Catastrophic Injury
- Wrongful Death
- Chronic Pain
- Internal Injuries
- Eye Injury
- CTE Brain Injury
- Brain Injury
- Neck injury
- Soft Tissue Injury
- Spinal Cord Accident
- Paralysis Injury
- Whiplash
- Pain & Suffering
- Scarring & Disfigurement
- Back Injury
- Broken Bones
- Burn Injury
- And More ...
New Orleans Distracted Driving Accident Statistics
Distraction is not a small piece of Louisiana’s crash problem. It accounts for a large share of the deaths and permanent injuries reported across the state each year. State safety officials also caution that distracted driving crashes are often underreported, because drivers rarely volunteer what they were doing with their hands.
178
people killed in Louisiana crashes involving inattention or distraction in 2023
1,149
serious injuries in Louisiana caused by distracted or inattentive driving in 2023
22%
of all Louisiana traffic deaths in 2023 involved inattention or distraction
Mistakes to Avoid After a Distracted Driving Crash
A few missteps in the first weeks can follow a claim all the way to the end. Try to avoid:
- Telling anyone at the scene that the crash was partly your fault
- Waiting to get checked out by a doctor
- Posting about the crash or your injuries online
- Giving a recorded statement to an adjuster without a lawyer
- Accepting an early offer before you know your full diagnosis
- Repairing or scrapping your vehicle before anyone inspects it
If one of these situations has already occurred, an attorney can review the circumstances and explain what options may remain available.
Understanding Louisiana’s Hands-Free Law After a New Orleans Crash
Louisiana rewrote its distracted driving law in a way that can help injured people prove what happened. R.S. 32:59 took effect on August 1, 2025, and it replaced the older texting and school zone statutes, which lawmakers repealed.
The rule itself is short. A driver may not operate a wireless device while driving unless the vehicle is lawfully stationary. Holding or physically supporting a phone in either hand counts as operating it. Limited exceptions apply, including hands-free calls, hands-free navigation, and calls made to report an emergency.
One provision matters more than any other in a crash claim. When a driver violates this law and is in a crash at that moment, the officer investigating the crash must note on the written accident report that the driver was using a wireless device. The fine doubles as well.
Outside school and highway construction zones, a violation is generally a secondary offense carrying a $100 fine. In school and highway construction zones, the violation is a primary offense carrying a $250 fine. If the driver is involved in a crash at the time of the violation, the applicable fine doubles and the investigating officer must indicate on the written accident report that the driver was using a wireless telecommunications device. For violations before January 1, 2026, officers could issue written warnings only.
Our distracted driving attorneys in New Orleans read every report line by line. That notation can become important evidence when determining whether a wireless-device violation contributed to the crash.
How We Prove the Other Driver Was Texting
Almost no one admits to being on their phone. The proof lives in the record instead, and much of that record has a short shelf life.
Our texting driver accident lawyers in New Orleans move quickly to secure:
- Cell phone and carrier records showing device use around the time of impact
- The written crash report, including any wireless device notation
- Infotainment system and event data recorder downloads
- Traffic, business, and doorbell camera video near the scene
- Statements from witnesses and passengers
- Scene photographs, skid marks, and vehicle damage patterns
Timing decides how much of this survives. Business video often overwrites itself within days. Damaged cars get repaired or sold for scrap. We send preservation letters early so the evidence is still there when your claim needs it.
As cell phone accident attorneys in New Orleans, we also bring in reconstruction experts when the other side disputes fault. When fault is disputed, accident reconstruction professionals may analyze vehicle data, physical evidence, vehicle damage, and the circumstances of the crash to help determine how the collision occurred. That evidence can be considered alongside phone records, witness statements, video, and the crash report when evaluating whether distracted driving contributed to the collision.
How Our New Orleans Texting and Driving Lawyers Handle Your Case
From your first call through resolution, Gordon McKernan Injury Attorneys manages every step of the claim. We start with a free consultation to understand how the crash happened, explain your options in plain language, and identify the damages you may be able to recover.
If you hire our firm, we may immediately begin:
- Investigating the scene and the positions of both vehicles
- Requesting the police report and any wireless device notation
- Pursuing the other driver’s phone and carrier records
- Collecting your medical records and treatment history
- Interviewing witnesses and passengers
- Identifying every liable party and available insurance policy
- Handling all communication with adjusters
- Preparing your case for settlement or trial
Our team brings 679+ years of combined legal experience to this work, backed by over 180 employees, including 130+ staff and 47 attorneys. If a commercial vehicle was involved, our New Orleans truck accident lawyers handle the added layers of company records and federal safety rules. While we build your claim, you can put your energy into healing.
Compensation After a Texting and Driving Crash in New Orleans
A distracted driving crash creates costs that reach well past the emergency room visit. Louisiana law allows injured people to recover both economic losses and non-economic losses, and our New Orleans car accident lawyers pursue both.
Our distracted driver lawyers in New Orleans fight for:
- Emergency treatment, surgery, and hospital bills
- Future medical care and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Vehicle repair or replacement
Insurance companies tend to value these claims low at the start, especially when an injury still needs months to declare itself. A shoulder that seems sore in week one can turn into surgery in month four. We document the full arc of your recovery, including the care you will still need years from now, and we negotiate from evidence rather than optimism.
How Is Texting While Driving Proven After a Crash?
Evidence of distracted driving may come from several sources, depending on the circumstances. These can include the crash report, the wireless-device notation required under Louisiana’s current hands-free law when its conditions are met, witness statements, available video, phone or carrier records obtained through appropriate legal procedures, and vehicle or event data. No single piece of evidence necessarily establishes liability by itself.
Louisiana Deadlines and Fault Rules That Can Affect Your Claim
Two sets of rules decide many Louisiana claims before anyone argues about the facts. Louisiana’s prescription and comparative-fault rules have changed in recent years, so the date and circumstances of your crash can affect which rules apply.
Filing Deadlines
- Louisiana Civil Code Article 3493.1 generally provides a two-year prescriptive period for delictual injury claims, beginning when the injury or damage is sustained, subject to applicable statutory exceptions. (La. Civ. Code art. 3493.1, effective July 1, 2024)
- Wrongful death and survival claims run one year from the date of death or two years from the day the injury was sustained, whichever is longer (La. Civ. Code arts. 2315.1 and 2315.2)
Fault
- For claims governed by the current rule, you cannot recover damages at all if you are found 51% or more at fault (La. Civ. Code art. 2323, as amended effective January 1, 2026)
- If your share is below 51%, your recovery is reduced in proportion to that share
Insurance
- Louisiana requires minimum liability coverage of $15,000 per person, $30,000 per accident, and $25,000 for property damage (La. R.S. 32:900)
- If you were driving without the required coverage, Louisiana’s no-pay/no-play statute, La. R.S. 32:866, generally limits recovery for certain uninsured motorists by excluding the first $100,000 of bodily injury and property damage, subject to statutory exceptions.
That 51% line explains a lot of adjuster behavior. Shifting even part of the blame onto you is now worth far more to an insurer than it used to be. Deadlines also depend on the specific facts of your crash, so speak with a distracted driving injury lawyer in New Orleans before you assume the clock is on your side. Our New Orleans personal injury lawyers can explain how these rules apply to your situation.
Contact a Texting and Driving Accident Attorney Near Kenner Today
Injured in an Accident? Find Legal Help Near You
You should not have to fight an insurance company while you are still healing. We serve injured people across New Orleans, Metairie, and Kenner from our New Orleans office at 3900 Veterans Memorial Blvd., Suite 300, in Metairie.
These cases turn on evidence that fades quickly. The sooner we start, the more of it we can protect.
Call 888.501.7888 today for your free consultation. You can also see how our Louisiana texting and driving accident attorneys handle these claims statewide.
With our No Fee Unless We Win promise, you pay nothing unless we recover money for you. That is the G Guarantee.
Get Gordon. Get It Done.
Don’t Wait — Talk to a New Orleans 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.
Excellent
Settlements & Verdicts
Frequent Answered
Questions
- Can You Get Compensation If An Accident Was Your Fault?
- How Can Expert Witnesses Help Your Car Accident Case in Louisiana?
- Which Insurance Policies Apply To My Case?
- What To Do If You’re In An Atchafalaya Basin Bridge Accident?
- Where Should I Get My Accident Report in Alexandria, LA?
- How to Get A Louisiana Accident Report?
- Where to Get Accident Reports Lafayette, LA?
- Geico Denied My Claim, What Now?
- Where Should I Get My Accident Report in Baton Rouge?
- Should I Go To The Doctor After A Car Accident?
- State Farm Denied My Auto Claim, What Next?
- What is the Average PTSD Car Accident Settlement Amount?
Texting and Driving Accident Lawyer in New Orleans 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.
Call us now or fill out our online form. No Fee Unless We Win!
Your Case Matters—Let's Get It Done!
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
© 2026 Gordon McKernan Injury Attorneys.
