In tandem with its relatively high road accident fatality rate, Louisiana suffers about 2,000 accidents a year that are related to cell phone use, and 500 accidents that are directly related to texting and driving. To limit this carnage, Louisiana has enacted a state statute banning certain uses of electronic devices while driving.
Distracted Driving Law in Louisiana
Texting and driving is banned for all drivers unless an exception applies. The main exception is known as the “true emergency” exception – calling 911 to report a serious injury accident, for example. Cell phone use is not prohibited in Louisiana, except for two classes of drivers: (i) school bus drivers and (ii) novice drivers. Novice drivers (on learner’s or intermediate licenses, or under 17) may not even use hands-free cell phones, although if the driver is at least 18 he cannot be cited for using a hands-free cell phone unless the officer sees him committing a separate offense such as running a stop sign (this is known as a “secondary offense”).
Louisiana forbids individual cities and counties from passing their own local distracted driving laws.
Penalties for Distracted Driving in Louisiana
The penalties for distracted driving in Louisiana are $175 for the first offense and $500 thereafter. If the driver is using a hand-held device and a crash occurs, the fine can be doubled. The fine for an under-17 driver using either a hand-held or hands-free device is $100 for a first offense and $200 thereafter, and this fine can also be doubled in the event of a crash. Moreover, for under 17 drivers this law is a primary offense, not a secondary offense – a police officer can pull you over directly, without waiting for you to commit a separate offense.
What to do if Injured in an Accident Caused by Distracted Driving in Louisiana
If you cause an accident due to distracted driving, an injured party (or a close relative of a deceased victim) can file a lawsuit against you seeking damages. If this plaintiff can prove that you were violating Louisiana’s distracted driving statute at the time of the accident, you will be judged automatically liable for the accident unless (i) your distracted driving did not cause the accident or (ii) an exception such as the “true emergency” exception (see above) excused your behavior.
Even if your behavior was legal (talking on a cell phone, for example), the plaintiff can still attempt to prove that the circumstances, such as driving in a hailstorm, rendered your activity negligent
If you sue the other driver and he proves that you were texting or illegally using a cell phone at the time of the crash, you will be judged at least partly liable for the accident as long as your illegal behavior was a substantial factor in causing the accident. If both parties were at fault, Louisiana’s comparative negligence principle will apply. If you were 40 percent at fault and the other driver was 60 percent at fault, for example, the other driver will have to pay you 60 percent of your damages and you will have to pay the other driver 40 percent of his damages.
– Updated through September 1, 2016