When it comes to driver safety and legal liability, what you need to know about Louisiana’s new hands-free law is that it represents a decisive, zero–tolerance change to operating a vehicle.
To combat the state’s severe distracted driving crisis, a major contributor to high accident rates and insurance costs, the new law bans drivers from physically holding any mobile device while on public roads.
This significant legislative shift means that any crash caused by a driver violating this new statute instantly creates a strong legal case for negligence. If you or a loved one is injured, an experienced New Orleans car accident lawyer can help you understand how this new law impacts your right to compensation.
What You Must Do Under Louisiana’s New Hands-Free Law
The new hands-free law prohibits the use of a handheld wireless device while driving except for voice calls or hands-free navigation. Under the new law, Louisiana bans operating a motor vehicle while using a wireless communications device to access, read, compose, transmit, or retrieve electronic data, unless the use is via a hands-free system or strictly for navigation.
That means drivers can no longer hold their phones to make calls, scroll social media, send texts, or glance down at apps while driving, unless the device is mounted or connected in a way that does not require touching. Exceptions include reporting an emergency, contacting law enforcement, or when the vehicle is lawfully stationary, such as when parked or in neutral.
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(504) 500-1111When the Hands-Free Law Starts and What Happens If You Violate It
Legislators designed Louisiana’s new law, HB519, with a phase-in period to allow drivers time to adjust their habits and purchase necessary hands-free equipment. Beginning August 1, 2025, Louisiana drivers must obey the hands-free law, but fines won’t kick in until January 1, 2026. Until that date, law enforcement will issue warnings for violations.
Once fines become enforceable in 2026, the penalties will be tiered. Violators will be fined up to $100 per offense in most areas and up to $250 in school zones or highway construction zones for first offenses, with fines increasing for second or subsequent offenses.
The New Hands-Free Law Exempts and Treats Some Vehicles, Drivers, and Situations Differently
Louisiana’s new hands-free law exempts some drivers and situations or subjects them to distinct rules.
- Emergency responders, first responders, and those using communication devices affixed to their vehicles for official duties are generally exempt.
- Drivers whose vehicles are lawfully stationary may use their devices without penalty.
- The law also preempts local ordinances, ensuring a unified statewide rule.
However, this law doesn’t relieve drivers of liability in crashes or change how fault is determined in a car accident in Louisiana. In civil claims, victims can challenge even hands-free use that contributed to distraction.
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(504) 500-1111How Louisiana’s New Hands-Free Law Affects Car Accident Claims
Louisiana’s new law could play a role in proving fault or comparative negligence in crash cases. Just because phone use was legal or not yet fined doesn’t mean car accident victims can’t use it as evidence of distraction or negligence.
- Crash investigators may request phone records or logs to show whether a driver was on a call or using an app.
- Law enforcement officials and New Orleans car accident attorneys can scrutinize even hands-free use. Cognitive distraction is a recognized risk in accident analysis.
- Under Louisiana’s comparative fault law (scheduled to change from pure to modified on January 1, 2026), if a driver’s phone use contributed to an accident, their liability may increase and reduce their recoverable damages.
- Insurance companies may argue that even permitted hands-free usage warrants scrutiny or denial of claims when a party alleges distraction.
Essentially, whether you were rear-ended or in a t-bone collision, the new law adds a new consideration to liability.
How the Hands-Free Law Could Strengthen Negligence Claims
When a driver violates a safety statute designed to prevent harm, that violation can serve as powerful evidence of negligence per se in a civil lawsuit. In other words, if a driver causes a crash while violating Louisiana’s hands–free law, the injured victim’s attorney may not need to prove negligence from scratch. The violation itself establishes a presumption of fault.
This can significantly simplify proving liability in personal injury cases. Even if law enforcement only issued a warning, that evidence still carries weight in demonstrating unsafe conduct that led to the collision.
How the Hands-Free Law Impacts Insurance Negotiations and Settlements
Insurance companies closely follow legal trends, and the new hands-free law gives adjusters a fresh lens for evaluating claims. When phone use is proven, even without a citation, insurers may argue comparative negligence to reduce payouts.
Conversely, if the at-fault driver was distracted in violation of the law, victims can use that fact to demand higher settlements due to aggravated liability.
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(504) 500-1111Why Louisiana Enacted This New Law
Lawmakers passed the new hands-free law to reduce distracted driving and associated accident costs and insurance premiums. Legislators hope that prohibiting most handheld phone use will cut crashes and slow the rising burden of auto insurance.
According to a recent article on the most and least expensive states for car insurance in 2025, Louisiana is the most expensive state for car insurance due to its high accident rates attributed to distracted driving.
Distracted driving is one of the main causes of car accidents in Louisiana, causing 22% of fatalities and 32% of severe injuries in accidents, according to the Louisiana Highway Safety Commission.
Some critics point out that evidence of hands-free laws reducing insurance premiums is mixed, and distracted driving stems from both manual and cognitive distractions. The law also includes data reporting requirements beginning in 2027 to track distracted-driving crash statistics and help lawmakers assess the law’s effectiveness.
Scott Vicknair Injury Lawyers Can Protect Your Rights After a Distracted Driving Accident
Ultimately, what you need to know about Louisiana’s new hands-free law is that holding a phone while driving is illegal statewide, and fines will begin on January 1, 2026. This law is more than a traffic rule. It’s a powerful tool for promoting safer roads and establishing clearer liability in distracted driving cases. By reducing preventable distractions, accident victims have a stronger footing when pursuing justice.
If you or someone you love has been injured in a crash, whether or not a driver’s phone use played a role, schedule a free case review with a skilled New Orleans car accident lawyer at Scott Vicknair Injury Lawyers.
We’ll discuss how the new hands–free law could impact your injury claim and review your recovery options.