New Orleans

Texting While Driving Accident Attorneys

Louisiana has banned texting behind the wheel for well over a decade, and that specific ban does something powerful in a civil case.

It gives you a law to point to directly.

The Voorhies Law Firm knows how to turn a texting citation, or a phone record, into real leverage.

What Is a Texting-Related Accident Claim?

A texting-related accident claim focuses specifically on a driver’s use of a device to write, send, or read a text-based message at the time of the crash.

This includes:

  • Sending or reading text messages
  • Reading or posting to social media
  • Typing an email or instant message
  • Any manual, text-based data entry on a phone or similar device

Texting is one of the most dangerous forms of distraction because it demands a driver’s eyes, hands, and attention all at once, for several seconds at a time, which at highway speed can mean traveling the length of a football field essentially blind.

How Louisiana Law Applies

Louisiana’s texting ban is a specific, long-standing statute, and it interacts with your civil claim in a very direct way.

The Texting Ban Itself (La. R.S. 32:300.5)

Louisiana law prohibits any driver from using a wireless device to write, send, or read a text-based communication, including texts, emails, instant messages, and social media, while operating a vehicle.

This is a primary offense, meaning an officer can pull a driver over for texting alone, without needing another violation first.

How a Texting Violation Helps a Civil Claim

A driver who violates a safety statute like the texting ban has effectively breached a clearly defined duty, which can meaningfully strengthen a negligence claim.

A citation, an admission, or phone records showing message activity at the time of the crash can all serve as strong evidence that the other driver’s own conduct fell below what the law requires.

This Is Narrower Than the 2025 Hands-Free Law

Louisiana’s newer hands-free law, effective August 1, 2025, covers all handheld phone use, not just texting.

Comparative Fault and Prescription

This follows the same statewide framework as other car accident claims: two years to file under article 3493.1 for crashes on or after July 1, 2024, and a 51% comparative fault bar under article 2323 starting January 1, 2026.

The Legal Process, Step by Step

Free consultation.

Tell us what happened. We’ll give you an honest, no-cost assessment.

Phone record requests.

We move quickly to preserve and request cell phone records showing activity at the time of the crash.

Investigation.

We gather the police report, any citation issued, and witness accounts.

Medical documentation.

We tie your treatment record to the crash.

Damage calculation.

We account for medical costs, lost wages, pain and suffering, and the crash’s lasting impact.

Demand and negotiation.

We present the texting evidence directly to the insurer.

Filing suit, if needed.

We move to file before your deadline when a fair number isn’t offered.

Resolution.

Your case wraps up, whether by settlement or verdict.

Types of Cases We Handle

We handle texting-related accident claims involving:

  • Rear-end crashes caused by a texting driver’s delayed reaction
  • Lane departure and swerving crashes
  • Intersection crashes where a driver missed a signal or stop sign while texting
  • Cases involving a driver’s own admission or citation for texting

Results

Behind every texting-related case is someone hurt because another driver decided a message couldn’t wait a few more minutes.

We build the case to make that decision, and its cost, impossible to ignore.

Across all our practice areas, The Voorhies Law Firm has recovered over $100 million for our clients.

Results may vary, and every case depends on what evidence of texting can actually be documented.

What Our Clients Say

Why Choose The Voorhies Law Firm?

Phone records don’t stay available forever, and carriers often require prompt requests to preserve them.

Richard P. Voorhies III and the team at The Voorhies Law Firm know exactly how to move fast on that evidence.

We’re recognized by Super Lawyers and other legal organizations, but our clients care about something more practical: direct access to their attorney and nothing owed upfront.

We handle these cases on contingency, so you can focus on what truly matters.

Frequently Asked Questions

It can be strong supporting evidence. A citation for violating Louisiana’s texting ban shows the other driver breached a specific, clearly defined legal duty, which can strengthen a negligence claim significantly.

Cell phone records showing message activity at the time of the crash are often the most direct evidence, alongside witness accounts or admissions made at the scene. An attorney can help request these records promptly.

Not under the original texting statute (R.S. 32:300.5), which focuses specifically on text-based communication. Louisiana’s newer hands-free law, effective August 1, 2025, covers handheld calls too. See our Distracted Driving page for more on that broader law.

Generally, two years from the crash date for incidents on or after July 1, 2024, under Civil Code article 3493.1.

Nothing out of pocket. We handle these cases on contingency and only get paid if we recover for you.