Using your cell phone behind the wheel might feel routine, but it’s a dangerous behaviour with serious legal and safety consequences and Louisiana law takes distracted driving seriously. If you’re caught texting, scrolling through social media, or using your phone without a hands-free setup, you could face fines and worse if the distraction caused a crash. Understanding the law is the first step to protecting yourself on the road and in the courtroom.
Overview of Louisiana’s Distracted Driving Laws
Under Louisiana Revised Statute RS 32:300.5, it is illegal for any driver to engage in certain forms of cell phone use while operating a vehicle. Specifically, the law prohibits reading, writing, or sending text messages, as well as accessing or posting on social media platforms. These restrictions apply at all times when the vehicle is in operation, whether it’s moving, idling at a traffic signal, or stopped in congestion.
However, the law does allow for limited exceptions. Drivers may legally use a cell phone to report an emergency, while parked legally, or to operate a GPS or navigation system—so long as it does not require manual typing or cause distraction.
Additionally, a specific provision applies in designated school zones: drivers are permitted to use a cell phone only if it is connected to a hands-free device, such as a Bluetooth headset or speakerphone. The goal of this added restriction is to minimize distractions and ensure drivers in school zones can keep both hands on the wheel and their focus on child pedestrians and school traffic patterns. In these areas, even otherwise permissible uses of a cell phone must be hands-free.
Distracted Driving Statistics in Louisiana
Distracted driving remains a significant concern on Louisiana roads. In 2023, 22% of the total fatalities from motor vehicle crashes in the state were attributed to driver inattention or distraction. Additionally, of the 3,625 serious injuries reported from crashes, 1,149 (32%) were due to distracted or inattentive driving. These figures highlight the substantial impact of distracted driving on road safety in Louisiana.
Fines and Penalties for Using a Cell Phone While Driving in Louisiana
Louisiana enforces a tiered penalty structure for distracted driving, depending on the type of offense and the driver’s license status. At a base level, any driver caught using a wireless telecommunications device to write, send, or read text messages while operating a vehicle may face a fine of up to $500 for a first offense. For subsequent violations, that amount increases to $1,000. If the offense results in a crash, the fine is automatically doubled.
These penalties apply broadly to all licensed drivers across the state, but the law goes further by imposing stricter restrictions and heightened consequences for certain groups of drivers.
Additional restrictions and penalties apply to specific categories of drivers:
Drivers under 18 years of age
Young drivers are prohibited from using any wireless telecommunications device while driving, including for calls or texting. Violations can result in fines up to $250 for the first offense and up to $500 for subsequent offenses, along with a 60-day license suspension for repeat violations. If a crash occurs during the violation, fines are doubled.
Drivers with a Class E learner’s permit or intermediate license
Learners are restricted from using a wireless telecommunications device while driving, except when using a hands-free device. Violations can lead to fines up to $500 for the first offense and up to $1,000 for subsequent offenses. If a crash occurs during the violation, fines are doubled.
All drivers in school zones during posted hours
When in a school zone, using a wireless telecommunications device to engage in a call, write, send, or read a text-based communication, or access, read, or post to social networking sites, unless the device is hands-free. Violations can result in fines up to $500 for the first offense and up to $1,000 for subsequent offenses, along with a 60-day license suspension for repeat violations. If a crash occurs during the violation, fines are doubled.
Judges may also impose court costs, and insurance premiums often increase after a citation.
Proposed Hands-Free Legislation
Although Louisiana has not yet passed a statewide hands-free mandate for all drivers, lawmakers have repeatedly introduced legislation to tighten distracted driving laws. If enacted, such laws would require drivers to use only hands-free devices when operating a vehicle—similar to laws in states like Georgia and California.
Motorists should stay alert to new developments, as the push for stricter enforcement is gaining momentum.
Filing a Lawsuit Against a Distracted Driver in Louisiana
Legal penalties aren’t the only consequences of distracted driving—civil lawsuits often follow serious crashes caused by phone use behind the wheel. If you or someone you love was injured in a crash caused by a distracted driver, you may have the right to pursue legal action.
Even if the driver wasn’t criminally charged, their phone use behind the wheel can still be considered negligence in civil court. This means they may be held financially responsible for your injuries and losses.
How Long Do You Have To File a Distracted Driving Case?
Under Louisiana law, the statute of limitations to file a personal injury lawsuit is typically two years from the date of the accident for injuries occurring on or after July 1, 2024. For incidents that occurred before this date, the one-year deadline may still apply.
Failing to act within this window can bar you from recovering compensation entirely. That’s why it’s crucial to speak with a qualified attorney as soon as possible if you’ve been injured by a distracted driver.
As a plaintiff in a personal injury case, you may be entitled to compensation for medical bills, lost income, ongoing care, and pain and suffering. If the crash was especially severe and resulted in a fatality, you may also have grounds to file a wrongful death claim to seek damages for funeral expenses, loss of companionship, and emotional distress.
It’s important to note that wrongful death claims in Louisiana must be filed within one year from the date of death.
FAQ
Is it illegal to use your phone while driving in Louisiana?
Yes. Louisiana prohibits texting, posting on social media, and other forms of manual phone use while driving. Exceptions exist for emergencies, GPS navigation, and when the vehicle is legally parked.
Can drivers use hands-free devices in Louisiana?
Yes, except for drivers under 18 or those with a learner’s or intermediate license, who are completely banned from cell phone use. All drivers must use hands-free devices in school zones.
What is the fine for texting and driving in Louisiana?
Fines range from up to $500 for a first offense to $1,000 for repeat violations. If a crash occurs, fines are doubled.
What is the statute of limitations for filing a distracted driving injury claim in Louisiana?
For accidents occurring on or after July 1, 2024, the statute of limitations is two years. For earlier accidents, the one-year rule may still apply.
Can I sue a distracted driver if I was injured in a crash?
Yes. You may be eligible to pursue compensation through a personal injury lawsuit. If the incident resulted in a fatality, a wrongful death claim may also be filed.
Final Thoughts on Distracted Driving and Louisiana Law
Using your phone while driving may seem like a small distraction—but under Louisiana law, it can carry serious consequences. From statewide texting bans to school zone restrictions and age-based limitations, the law is designed to protect all road users from preventable harm.
For drivers, the takeaway is simple: hands on the wheel, eyes on the road, and phones out of reach. For those affected by distracted driving, whether through injury, loss, or legal complications, it’s important to understand your rights and act within the legal timelines.If you have questions about your legal rights or want to better understand how distracted driving laws may affect your situation, don’t wait, contact Daly & Black, P.C. today. Our team is ready to evaluate your case, explain your legal options, and help you pursue the full compensation you may be entitled to. We’re ALL IN. ALL THE TIME—for clients across Louisiana.