Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Louisiana’s hands-free driving law took effect on August 1, 2025, and fines for violations began on January 1, 2026. Under La. R.S. 32:59, drivers generally cannot hold or support a phone while driving on a public road or highway.
If a driver was using a handheld phone when they caused your crash, the violation may become part of the evidence in your injury claim. A ticket alone does not prove that the driver caused the accident, but phone records, witness accounts, video, and other evidence can help show what happened.
A distracted driving accident lawyer in New Orleans can help you look at that evidence and understand how the hands-free law may affect your claim.
La. R.S. 32:59 generally prohibits drivers from holding or supporting a wireless device while driving on a public road or highway. The rule is about physically holding the device, so using a mounted phone or hands-free features is generally allowed.
The law states:
“No person shall operate any wireless telecommunications device while operating a motor vehicle upon any public road or highway, unless the motor vehicle is lawfully stationary.” La. R.S. 32:59, enacted by Act 288 of 2025.
Another important change to know. Act 288 also repealed Louisiana’s older distracted-driving laws, including former R.S. 32:300.5 through 32:300.8. That means older articles or citations that refer to R.S. 32:300.5 may be referring to a law that is no longer in effect.
The basic rule is simple. If you are holding your phone while driving on a public road, you can be cited under La. R.S. 32:59.
That includes holding the phone to make a call, send or read a text, scroll through social media, or watch a video. You can still use your phone through Bluetooth, voice commands, voice-to-text, or a mounted device without holding it.
You can also use your phone when the vehicle is lawfully parked or pulled over. Emergency calls to law enforcement, medical services, or fire services are also allowed.
One detail that can cause confusion is a red light. Stopping at a traffic signal does not generally make the vehicle “lawfully stationary” under the statute. So picking up your phone while waiting for the light can still result in a citation.
The hands-free law took effect on August 1, 2025, but there was a warning period through the end of that year. Starting January 1, 2026, officers can issue fines for violations.
The rule itself did not change on January 1. What changed was the enforcement. A violation that previously resulted in a warning can now result in a monetary penalty.
That violation may also become relevant if the driver later causes a crash. A citation does not prove that the driver caused the collision, but it can be part of the evidence showing that the driver was using a phone when the crash happened.
A first violation can result in a fine of up to $100. The maximum increases to $250 in a school zone or highway construction zone. If the violation contributed to a crash, the fine is doubled.
These are traffic penalties. They are separate from any compensation an injured person may seek through a civil claim.
|
Situation |
Fine |
| First violation | Up to $100 |
| School zone or highway construction zone | Up to $250 |
| Handheld use contributed to a crash | Fine may be doubled |
| Violation from August 1 to December 31, 2025 | Written warning |
Some penalties may also be reduced through community service.
If the other driver was holding a phone before the crash, a hands-free ticket could become part of your claim. The ticket alone isn’t enough to establish fault, but it can support what a witness, camera, or phone records show.
Your own share of the blame matters as well. Under Civil Code article 2323, the rules changed for crashes on or after January 1, 2026. Someone who is 51% or more at fault generally cannot recover. At 20% fault, a $100,000 claim would be reduced to $80,000.
It is also worth acting quickly if there may be phone records or video. Some of that information can be deleted or recorded over.
For most Louisiana crashes on or after July 1, 2024, you generally have two years from the date of injury to file a lawsuit under Civil Code article 3493.1. Older crashes generally had a one-year deadline.
Your insurance coverage may also matter, especially if the other driver has little or no insurance. Depending on your policy, uninsured or underinsured motorist coverage may help with your losses.
Generally, no. A vehicle stopped at a traffic signal is still part of normal traffic operation and is not usually considered lawfully stationary under the statute.
Using Bluetooth, voice commands, voice-to-text, or a mounted phone without holding or supporting the device generally falls within the law’s hands-free use.
It can be used as evidence of a traffic violation, but the citation alone does not prove that the driver caused the crash.
A first violation can bring a fine of up to $100, or up to $250 in a school zone or highway construction zone. The fine can be doubled when the violation contributed to a crash.
For most injuries from crashes occurring on or after July 1, 2024, the general deadline is two years from the date of injury. Earlier crashes generally had a one-year deadline.
If you were injured by a driver who was using a phone, the hands-free law may be one piece of the evidence in your case. What matters is how that violation fits with the rest of the crash evidence and the applicable fault rules.
Charbonnet Law Firm has represented injured people in New Orleans and nearby areas for three generations. If you were hurt in a distracted driving crash, call (504) 888-2227 for a free consultation to discuss your case.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
