Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Most drivers think they can check a quick text and get back on the road without a problem. But a lot can happen in those few seconds. The car ahead might brake, the light might turn red, or someone might step onto the road.
In Louisiana, distracted driving is a serious safety concern. From 2016 to 2020, distractions inside and outside vehicles were linked to 193 deaths. In 2020, distracted-driver crashes injured 23,010 people.
A texting-and-driving car crash can mean hospital visits, missed work, and bills that keep piling up. And sometimes, it all starts with a message that could easily have waited.
When driving, your attention should remain on the road. Texting divides that attention between your phone and your surroundings.
It can cause a problem called inattentional blindness. Even when a driver looks at the road, their brain may miss important details because their attention is focused elsewhere. This can lead to missed traffic signals, delayed braking, or failure to notice a pedestrian crossing.
Reading or sending a text can affect you in three ways:
Even a moment of phone use can make you miss something important. On a busy road, that moment can be enough to cause a crash.
“I’m only checking one message” is something drivers tell themselves all the time. Some also think reading a text is fine as long as they don’t type a reply. Neither is risk-free. Your attention is still on the phone, not on what’s happening around you.
A red light isn’t always a safe time to check, either. The light can change while you’re looking down, and you might start moving before you properly check the road.
Feeling confident behind the wheel doesn’t mean you’ll spot every hazard in time. If a driver texting on their phone causes a crash, a New Orleans car accident lawyer can explain your options for seeking compensation for your injuries and other losses.
Louisiana law limits how drivers can use handheld electronic devices on public roads. Under La. R.S. 32:59, drivers generally cannot use handheld wireless devices while driving, unless an exception applies.
Breaking this law can lead to fines. Some areas carry higher penalties, such as school zones and road construction zones, and penalties may increase if a violation involves a crash.
If a driver was texting before a crash, it may show the driver was careless. However, investigators must still look at the evidence to decide whether texting contributed to the accident.
A car accident can cost more than repairing your vehicle. You may also face medical bills, lost wages, and other expenses.
If you cause a crash while texting, your insurance costs may go up. Your insurer may also ask more questions when reviewing your claim. In some cases, your policy may not be renewed.
However, a texting violation does not automatically mean your insurance rates will rise. The result depends on your driving record, the accident, and your insurer’s rules.
The easiest way to avoid phone distractions is to put your phone away before you start driving.
You can also:
These simple steps can help you stay focused on the road.
Some cars can read text messages aloud, so drivers don’t have to look at their phones. Phones also have settings that silence notifications while you’re driving.
These features can reduce distractions, but they don’t eliminate the risk. Listening to messages or talking on a hands-free call can still take your attention off the road.
If a message comes in while you’re driving, wait until you’ve parked safely before checking it. Even a glance can make you miss something important on the road.
If another driver was texting when they hit you, you may be able to seek compensation for your injuries and other losses.
Evidence can help explain how the crash happened. This may include witness statements, dashcam footage, and phone records obtained through lawful procedures. Learn more about evidence used in car accident claims.
If another driver was texting when the crash happened, that may help show negligence. Evidence of phone use can support a damages claim, including medical bills, lost wages, and emotional distress. Louisiana generally allows punitive damages only when a specific law authorizes them.
If a distracted driver injured you in New Orleans, contact Charbonnet Law Firm, LLC online or call (504) 294-5094 to discuss your legal options.
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.
