Partner at AKD Lawyers
Practice Areas: Personal Injury
Louisiana’s statewide hands-free driving law took effect on August 1, 2025. During the first five months, officers could issue only written warnings. Citations and fines began on January 1, 2026.
Act 288 of 2025 created Louisiana Revised Statute 32:59 and repealed the state’s older phone-use laws. The new rule generally prevents drivers from holding or manually using a phone while operating a vehicle on a public road.
When phone use leads to a crash, the violation may support the injured person’s claim. It can help show that the driver was distracted, but it does not automatically prove liability. The evidence must still connect the distraction to the collision and resulting injuries.
Key Takeaways
- Louisiana’s hands-free law took effect on August 1, 2025.
- Officers could start issuing fines on January 1, 2026.
- Drivers normally cannot hold or manually operate a phone while driving.
- A fully stopped vehicle may qualify as lawfully stationary, including at a red light.
- Phone usage during a crash must be noted in the written accident report.
- A violation can defend a negligence claim, but it does not prove fault on its own.
What Does Louisiana’s Hands-Free Law Require?
Louisiana Revised Statute 32:59 generally prohibits a person from operating a wireless telecommunications device while driving on a public road or highway.
The restriction applies unless the vehicle is lawfully stationary or another listed exception applies.
The law covers more than texting. A driver generally cannot:
- Hold or physically support a phone.
- Make or receive a call without hands-free equipment.
- Read, write, or send text messages or emails.
- View or post on social media.
- Take, edit, or view photos and videos.
- Browse apps or electronic data.
- Manually enter letters, numbers, or commands.
A phone may be mounted in the vehicle, but the driver must still follow the rules limiting manual use.
What Does “Lawfully Stationary” Mean?
The law allows the use of a device when a vehicle is lawfully stationary.
A vehicle may qualify when it is:
- In park or neutral
- Fully stopped while still in gear.
- Stopped in a travel lane or on the shoulder
- Stopped to follow a traffic signal or police direction
- Stopped to avoid a traffic conflict
This means a driver who is completely stopped at a red light may use a device under the statute’s wording. The exception does not apply while the vehicle is rolling, even slowly.
The vehicle must also be stopped legally. Pulling over somewhere unsafe or prohibited does not necessarily make the phone use lawful.
When Did Citations and Fines Begin?
The law took effect on August 1, 2025, but included a warning period.
For violations before January 1, 2026, officers were required to issue only written warnings. Beginning January 1, 2026, they could issue citations and fines.
The date of the crash can therefore affect the available evidence. A driver involved in a late-2025 collision may have received a warning rather than a ticket, even though the conduct was already prohibited.
Is Phone Use a Primary or Secondary Offense?
The answer depends on where the violation occurs.
School and Highway Construction Zones
Using a phone in a school zone or a highway construction zone is a primary offense. An officer may stop a driver after directly observing the violation.
The standard fine is $250, although a judge may reduce it to $100 with community service.
Other Roads
Outside school and construction zones, phone use is generally a secondary offense. An officer must usually detain the driver for another alleged traffic violation before issuing the hands-free citation.
The standard fine is $100, although a judge may reduce it to $50 if accompanied by community service.
What Exceptions Does the Law Allow?
Louisiana’s hands-free law includes several limited exceptions.
A driver may use a device to:
- Report a crash, medical emergency, or serious road hazard.
- Report a person who may face serious injury or death.
- Dial 911 to report a crime in progress.
- View navigation through a hands-free GPS system.
- Use the device while the vehicle is lawfully stationary.
- Perform certain official emergency-response duties.
- Relay the dispatch information for certain transportation work.
These exceptions are narrow. Ordinary calls, messages, app use, and social media browsing still require the driver to follow the hands-free rules.
How Can a Violation Support a Crash Claim?
A hands-free violation may help show that the other driver was distracted.
When a driver is using a wireless device during a crash, the investigating officer must note that use in the written accident report. The fine is also doubled when the violation occurs during a collision.
That report notation can support a civil claim, especially when combined with other evidence. It may help explain why the driver:
- Failed to brake
- Drifted into another lane
- Missed a traffic signal
- Rear-ended a stopped vehicle
- Failed to yield
- Did not see a person on foot or any cyclists
A citation does not automatically make the driver civilly liable. Louisiana courts still consider whether the conduct created the risk covered by the law and whether it caused the injury. A statutory violation is evidence to consider, not a substitute for proving cause.
What Evidence Can Prove Distracted Driving?
Phone use can be difficult to prove when the driver denies it. Evidence should be collected as early as possible.
Useful evidence may include:
- The police accident report
- A citation issued under R.S. 32:59
- Witnesses who saw the driver holding or looking at a phone
- Dashcam or traffic-camera footage
- Security video from local businesses
- Photos taken immediately after the crash.
- Relevant call, text, or data records
- Vehicle data showing late braking as well as no braking
An attorney may seek relevant phone records or other electronic evidence through the formal legal process. Basic call logs may show that a call occurred, but they may not indicate whether the phone was held in a handheld position or whether the driver was using any app.
What Should You Do After a Distracted-Driving Crash?
Tell the responding officer if you saw the other driver holding or using a phone. Ask any witnesses whether they noticed it too, and get their names and contact details before they leave.
Take photos of the vehicles, impact points, road conditions, traffic signals, and the full accident scene. Also, look for nearby cameras and note their locations. Many systems erase older footage within days.
Get medical care immediately and keep copies of your treatment records, bills, prescriptions, and discharge instructions. Evidence of distraction helps establish fault, while medical records help connect your injuries to the crash.
Louisiana’s Hands-Free Law at a Glance
| Question | Answer |
| What law applies? | Louisiana Revised Statute 32:59 |
| What legislation created it? | Act 288 of 2025 |
| When did the law take effect? | August 1, 2025 |
| When did fines begin? | January 1, 2026 |
| What is generally prohibited? | Holding or manually operating a wireless device while driving |
| Is it always a primary offense? | No. It is generally secondary outside school and construction zones |
| What are the main exceptions? | Emergencies, 911, hands-free GPS, official duties, and lawfully stationary vehicles |
| What happens during a crash? | The fine doubles, and device use must be noted in the accident report |
| Does a violation prove liability? | No, but it may support evidence of distraction and negligence |
Frequently Asked Questions
What does Louisiana’s hands-free law prohibit?
It generally prohibits holding or manually using a wireless device while driving, including making calls, sending messages, using social media, viewing photos or videos, using apps, and other electronic data.
When did officers begin issuing fines?
Officers could issue fines beginning January 1, 2026. Violations between August 1 and December 31, 2025, generally resulted only in written warnings.
Does a hands-free citation automatically prove fault?
No. The citation supports evidence of distraction, but the injured person must still show that the phone use contributed to the crash and injuries.
What are the penalties for violating the law?
The usual fine is $100. In school and construction zones, the fine is $250. If the violation leads to a crash, the fine may be doubled. These penalties are separate from any compensation sought in a civil injury claim.
Can a driver use a phone while stopped at a red light?
Yes. A driver may use a phone when the vehicle is fully stopped and lawfully stationary, including at a red light. The exception ends as soon as the vehicle starts moving.
Talk to a New Orleans Car Accident Lawyer
A distracted-driving claim often depends on evidence that can disappear quickly. The police report, witness accounts, video footage, phone records, and vehicle data may help show whether unlawful phone use contributed to the crash.
Alvendia, Kelly & Demarest handles New Orleans accident claims involving distracted driving and disputed fault. Call (504) 200-0000 for a free consultation.
Categories
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.
