Partner at AKD Lawyers
Practice Areas: Personal Injury
Driving through New Orleans means dealing with traffic, pedestrians, signals, and plenty of distractions. A quick glance at a phone or reaching for something in the car can take your attention off the road long enough to cause a crash.
Louisiana has specific rules for distracted driving, especially when phones are involved. If a crash does happen, distraction can also become part of the dispute over who was responsible. A New Orleans car accident settlement lawyer can explain how it may affect an injury claim.
What Counts As Distracted Driving
Distracted driving is not limited to texting. Anything that takes your attention away from driving can create a problem.
- Manual: Taking your hands off the wheel to text, eat, or reach for something.
- Visual: Looking away from traffic to read a message, check GPS, or adjust something.
- Cognitive: Thinking about something else instead of paying attention to what is happening around you.
Texting is especially risky because it can involve all three at once. You are looking at the screen, using your hands to type, and thinking about the message instead of the road.
Louisiana’s Hands-Free Law And Penalties
Louisiana’s phone rules changed in 2025. La. R.S. 32:59 now covers hands-free driving and replaced the state’s older texting and handheld-phone restrictions.
The law took effect August 1, 2025. Drivers generally cannot hold or operate a wireless device while driving. You can use it hands-free, and there is an exception when the vehicle is lawfully stationary. There was a warning period for the rest of 2025. Fines started on January 1, 2026.
- Using a phone: Holding or operating a wireless device while driving is generally prohibited.
- Fines: The usual starting fine is $100. School and construction zones can carry higher fines.
- If there is a crash: A larger fine may apply when the phone violation is tied to a crash. The officer must also record the device used in the accident report.
- Getting pulled over: In most situations, an officer cannot stop you for this violation alone. Another traffic offense or reason for the stop is generally required.
|
Situation |
What applies |
|---|---|
| Holding/using a phone while driving | Prohibited under La. R.S. 32:59 |
| First violation | Fine generally starting at $100 |
| School or construction zone | Higher fine |
| Violation involving a crash | Higher fine; device use noted on report |
| Lawfully stationary (parked/neutral/legally stopped) | Device use allowed |
A violation does not just bring a ticket. Under Louisiana’s comparative negligence rule, it can also affect civil fault.
How Distraction Can Affect Fault
A distracted driver can end up facing more than a traffic ticket if their actions cause a crash. The evidence has to connect the distraction to what happened.
For crashes on or after January 1, 2026, Louisiana’s comparative fault rule reduces damages according to each person’s share of fault. Someone found 51% or more at fault generally cannot recover under La. Civ. Code art. 2323.
Things that may help show the driver was distracted include:
- Police reports and witness statements
- Cell phone records showing calls or messages around the time of the crash
- Dashcam or traffic-camera footage
- Event data recorder information about speed, braking, and other vehicle activity
A hands-free violation can be useful evidence, but it does not automatically prove that the driver caused the crash. The facts surrounding the collision still matter.
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The Wider Consequences
A distracted-driving violation can have consequences beyond the ticket. It may affect insurance costs, especially when a driver has repeated violations.
Things can become much more serious when someone is injured or killed. Depending on what happened, a driver could face charges beyond a traffic violation, along with penalties that may include a suspended license or jail time.
The financial cost is large, too. Distracted-driving crashes can leave people dealing with medical bills, vehicle damage, missed work, and other expenses.
Preventing Distracted Driving
Most distractions are avoidable. Before you start driving:
- Silence your phone or turn on Do Not Disturb
- Set your GPS before pulling away
- Put food, drinks, and other items where you can reach them safely
- Leave the radio and other controls alone until you are stopped
- Use hands-free features instead of holding your phone
If another driver’s distraction caused your crash, records of the incident may also matter when seeking compensation for your injuries , lost wages, or vehicle damage.
Frequently Asked Questions
Can I hold my phone while driving in Louisiana?
Generally, no. La. R.S. 32:59 prohibits drivers from holding or operating a wireless device while driving, with an exception when the vehicle is lawfully stationary. Hands-free use is allowed.
Can I use my phone at a red light?
It depends on whether the vehicle is lawfully stationary. If you are stopped as permitted by law, the stationary-vehicle exception may apply. Using the phone while the vehicle is moving is different.
What else counts as distracted driving?
It can be anything that takes your attention away from driving. Eating, fixing your hair, changing the radio, checking directions, and looking at a phone can all become distractions.
Can distracted driving affect who is at fault?
Yes. Evidence that a driver was distracted can be used when deciding how much fault each person carries under Louisiana’s comparative fault rules.
What if a distracted driver kills someone?
The consequences can go beyond a traffic citation. Depending on the facts, the driver could face criminal charges, including reckless driving or vehicular homicide.
Talk to a New Orleans Car Accident Lawyer
If a distracted driver hurts you, the hands-free law and the right evidence can put that distraction into the record and support your claim. Alvendia, Kelly & Demarest handles New Orleans crashes involving distracted driving and disputed fault. Call (504) 200-0000 for a free consultation. No fee unless we win. Reach out today.
Reviewed by Roderick “Rico” Alvendia, Partner at Alvendia, Kelly & Demarest Law Firm.
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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.
