Can I Sue a Texting Driver for Damages After a Car Crash in Louisiana?

Getting hit by someone who was texting behind the wheel is infuriating. You're dealing with injuries, vehicle damage, medical bills, lost wages all because another driver couldn't put their phone down. If you're in Louisiana and wondering whether you can hold that driver financially responsible, the short answer is yes. Louisiana law gives you the right to sue a texting driver for the damages they caused. But the process involves specific rules, deadlines, and evidence requirements that can make or break your case.

Is Texting While Driving Illegal in Louisiana?

Yes. Louisiana Revised Statutes R.S. 32:300.5 bans texting while driving statewide. The law prohibits any driver from using a wireless telecommunications device to write, send, or read a text-based communication while operating a motor vehicle on a public road. This includes texting, emailing, and instant messaging. A first offense can result in a fine of up to $500, and penalties increase for subsequent violations or if the texting caused a crash.

This law matters for your civil lawsuit because it establishes that the other driver broke a traffic statute. In Louisiana, violating a safety law can serve as evidence of negligence per se meaning you don't have to prove the driver was careless in a general sense. You just need to show they broke the law and that the violation caused your injuries.

What Does Louisiana Law Say About Suing for Distracted Driving Damages?

Louisiana follows a pure comparative fault system under Civil Code Article 2323. This means you can recover damages even if you were partially at fault for the accident. Your compensation gets reduced by your percentage of responsibility. For example, if your damages total $100,000 and you're found 20% at fault, you'd still recover $80,000.

To win your case, you'll need to prove four elements:

Duty: The other driver owed you a duty of care to drive safely and follow traffic laws.
Breach: The driver violated that duty by texting while driving.
Causation: The texting directly caused or contributed to the crash.
Damages: You suffered actual, compensable losses as a result.

Louisiana also has a one-year prescriptive period (statute of limitations) for personal injury claims under CC Art. 3492. You generally have one year from the date of the accident to file suit. Miss that deadline, and your case is likely over regardless of how strong your evidence is.

How Do You Prove the Other Driver Was Texting?

Proving the other driver was on their phone at the time of the crash is one of the most important and sometimes difficult parts of these cases. Here's what can help:

Police report: If the responding officer noted the driver was using a phone or if the driver admitted it, the report becomes key evidence.
Cell phone records: Your attorney can subpoena the at-fault driver's phone records through a discovery request. These records show timestamps for texts, calls, and data usage that can be matched to the crash time.
Witness testimony: Other drivers, passengers, or pedestrians who saw the driver looking at their phone before or during the crash.
Surveillance or dashcam footage: Nearby traffic cameras, business security cameras, or dashcams from other vehicles may have captured the driver's behavior.
The driver's own admissions: Sometimes drivers apologize at the scene or mention they were on their phone. Anything said at the scene can potentially be used.

An experienced Louisiana distracted driving accident lawyer knows how to preserve and obtain this evidence before it disappears. Phone companies don't keep records forever, and surveillance footage often gets overwritten within days or weeks.

What Damages Can You Recover From a Texting Driver?

Louisiana allows you to seek compensation for a wide range of losses after a car crash. These typically fall into two categories:

Economic Damages

Medical bills (emergency care, surgery, rehab, medication, future treatment)
Lost wages and lost earning capacity
Vehicle repair or replacement costs
Out-of-pocket expenses related to the injury

Non-Economic Damages

Pain and suffering
Emotional distress and mental anguish
Loss of enjoyment of life
Disfigurement or permanent disability
Loss of consortium (impact on your relationship with your spouse)

The average settlement for texting while driving accident claims in Louisiana varies significantly depending on injury severity, available insurance coverage, and the strength of the evidence. A minor fender bender with soft tissue injuries will settle for much less than a crash involving broken bones, surgery, or a traumatic brain injury.

Should You Accept the Insurance Company's First Offer?

In almost every case, no. Insurance adjusters are trained to settle claims for as little as possible. Their first offer is rarely the best one, especially when you haven't reached maximum medical improvement the point where your doctor says your condition has stabilized.

Common mistakes people make after a texting while driving crash include:

Giving a recorded statement to the other driver's insurer without legal advice. Anything you say can be used to minimize your claim.
Accepting a quick settlement before understanding the full extent of your injuries. Once you sign a release, you can't go back for more money even if complications arise.
Posting about the accident on social media. Insurance companies actively monitor claimants' accounts for posts that contradict their injury claims.
Waiting too long to get medical treatment. Gaps in treatment give insurers ammunition to argue your injuries aren't serious or weren't caused by the crash.
Missing the one-year filing deadline. Louisiana's prescriptive period is strict, and exceptions are narrow.

What If the Texting Driver Doesn't Have Enough Insurance?

Louisiana requires drivers to carry minimum liability insurance of $15,000 per person and $30,000 per accident for bodily injury. Those minimums are often not enough to cover serious injuries. If the at-fault driver is underinsured, you may be able to tap into your own uninsured/underinsured motorist (UM/UIM) coverage, which you carry unless you specifically rejected it in writing.

You might also explore whether other parties share liability for example, an employer if the driver was working at the time, or a bar if alcohol was also a factor. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,308 lives in 2022, making it a serious public safety concern that courts take seriously when evaluating fault.

Do You Need a Lawyer to Sue a Texting Driver in Louisiana?

While you're not legally required to hire an attorney, having one significantly improves your chances of a fair outcome. Here's why:

Louisiana personal injury law is nuanced, and insurance companies know how to exploit unrepresented claimants.
An attorney can quickly subpoena phone records and preserve digital evidence before it's lost.
Lawyers experienced in distracted driving cases understand how to calculate the full value of your claim, including future medical costs and non-economic damages.
Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront and only owe fees if you recover compensation.

What Should You Do Right Now If You Were Hit by a Texting Driver?

Take these steps to protect your rights and strengthen your potential claim:

Get medical attention immediately, even if you feel okay. Some injuries like concussions, internal bleeding, and whiplash may not show symptoms for hours or days.
Report the crash to the police and make sure the report documents your version of events. If you noticed the other driver on their phone, tell the officer.
Document everything. Take photos of the accident scene, vehicle damage, road conditions, and your injuries. Get the other driver's contact and insurance information.
Don't admit fault or apologize at the scene. Even a polite "I'm sorry" can be twisted into an admission.
Don't post about the crash on social media. Keep your accounts quiet until your case is resolved.
Contact a Louisiana car accident attorney as soon as possible. Early involvement helps preserve critical evidence like phone records and surveillance footage.
Keep all records. Save medical bills, receipts, pay stubs showing lost income, and any correspondence with insurance companies.

If a texting driver caused your crash, you have legal options but acting quickly matters. The evidence you need won't wait, and neither does Louisiana's one-year deadline. Start by consulting with an attorney who handles distracted driving cases in your area. Most offer free initial consultations, so there's no financial risk in learning where your case stands.