Distracted Driving
If a driver looking at their phone hit you, Louisiana law just made your case stronger. As of August 1, 2025, Louisiana's new hands-free law makes it illegal to hold or physically support a phone while driving. That's not only a safety win — when a driver breaks a safety law and causes a crash, it helps prove they were at fault. Here's what the law says and how it affects your claim.
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What does Louisiana's new hands-free law actually require?
As of August 1, 2025, you cannot hold or support a cellphone while driving on a Louisiana road — not to text, call, scroll, or use apps while the vehicle is moving. The law (House Bill 519, Act 288) allows hands-free use through Bluetooth, voice commands, and a dashboard mount, and keeps exceptions for 911 calls and certain emergency and commercial situations.
Enforcement started with warnings, with fines phasing in beginning January 1, 2026 — generally up to $100 (and up to $250 in a school or highway construction zone), with a higher fine if the violation happens in a crash. The takeaway for crash victims: holding a phone behind the wheel is now a clear legal violation, not a gray area.
How does the hands-free law help if a distracted driver hit me?
Breaking a safety law to cause a crash is strong evidence of negligence. When a driver violates a statute meant to protect others and that violation causes the harm the statute was designed to prevent, it supports a finding that the driver was at fault — sometimes described as negligence "per se." In plain terms: if the other driver was illegally holding their phone and rear-ended you, that violation makes proving fault much more straightforward.
A citation under the hands-free law, combined with the evidence below, can shift the fault conversation in your favor and reduce the insurer's room to blame you. (Insurers still try — see 7 mistakes to avoid with the adjuster.)
How do you prove the other driver was distracted?
You build it from evidence — and some of it disappears fast:
The police report and any citation for the hands-free violation.
Phone records, which can be subpoenaed to show calls, texts, or data use at the moment of impact.
Witness statements from people who saw the driver looking down.
Scene evidence — lack of braking or skid marks often signals an inattentive driver.
Video from traffic, doorbell, dash, or business cameras.
Phone records and video are time-sensitive, which is one reason it pays to involve a lawyer early who can send preservation letters before that evidence is gone.
What kinds of distracted driving cause crashes?
More than texting. Distraction comes in three forms — visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Texting is dangerous because it involves all three. But eating, GPS, grooming, reaching for items, and even hands-free conversations all contribute. The hands-free law targets the handheld-phone piece specifically, but any of these can establish that a driver failed to use reasonable care.
What if I was using my phone too?
You can still recover. Under Louisiana's pure comparative fault rule, even if you were partly distracted, your compensation is only reduced by your share of fault — not eliminated. Expect the other insurer to argue you were on your phone too; documented evidence is what keeps your fault percentage where it belongs. Here's how comparative fault works.
What should I do after a distracted-driving crash?
Call 911 — and tell the officer if you saw the other driver on their phone, so it's in the report.
Get medical care promptly.
Photograph the scene and note exactly what you observed the other driver doing.
Get witness contact information.
Contact a lawyer quickly so phone records and video can be preserved before they're erased. (What your case may be worth.)
Talk to a Monroe distracted-driving accident attorney
I'm John Bruscato, and I help people hurt by distracted drivers across Monroe, West Monroe, Ruston, and Sterlington prove fault and recover full compensation. Learn more about my motor vehicle accident practice.
Schedule your free consultation → or call (318) 855-1613.
Frequently asked questions
Is it illegal to hold your phone while driving in Louisiana? Yes. As of August 1, 2025, Louisiana's hands-free law (Act 288) bans holding or supporting a phone while driving; hands-free use via Bluetooth, voice, or a mount is allowed.
Does a hands-free ticket help my injury claim? It can significantly. Violating a safety law and causing a crash is strong evidence of negligence, which helps establish the other driver was at fault.
How do you prove someone was texting and driving? Through the police report and citation, subpoenaed phone records, witness statements, scene evidence, and any available video — much of which must be preserved quickly.
This article is general information, not legal advice. It reflects Louisiana law as of 2026; confirm how it applies to your facts with an attorney.