Louisiana Makes Texting-While-Driving a Primary Offense

On August 15, a new Louisiana law making texting-while-driving a primary offense took effect.

2010-09-30

September 30, 2010 (Press-News.org) On August 15, a new Louisiana law making texting-while-driving a primary offense took effect. Prior to that date, drivers could be ticketed for texting while behind the wheel, however, the driver had to be pulled over for another violation, such as speeding, before the ticket could be written. Now, police officers will be able to pull over and ticket drivers solely for texting or checking e-mail while driving.

"Innocent people should not lose their lives because someone chose to text while driving," stated United States Transportation Secretary Ray LaHood, speaking in favor of Louisiana's new law. "This sends a clear message: texting and driving don't mix."

Accident Underscores New Law's Purpose

Only a few days after the new law took effect, three teens were injured by a distracted driver when the driver lost control of the vehicle and hit the teens on the curb. The driver was both texting and speeding at the time of the accident.

Among the injuries suffered by the teens are a broken hip, a gashed leg and head injuries. The driver has been charged with multiple offenses, including texting while operating a motor vehicle, reckless driving and three counts of negligence.

Senator Butch Gautreaux (D-Morgan City), who authored the legislation making texting-while-driving a primary offense, stated in reference to the accident: "This is exactly what my legislation was aimed at."

"I hear people complain that I should not have authored this legislation. I tell them to Google 'driving while texting.' They will see it's a very dangerous thing. It takes not just the eyes and the fingers, but also the mind," Sen. Gautreaux noted. "Look at the damage [this driver has] done. [The driver] sent three kids to the hospital. [The driver will] probably be used as a textbook case on why not to do this. It's against the law and people have to stop doing it."

National Highway Traffic Safety Administration Statistics

According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 people were killed in 2008 in distracted driving accidents, and nearly half a million more were injured. Perhaps most shocking is the fact that over 20 percent of all wrecks in 2008 involved some form of distracted driving.

The New Law Increases Penalties

While Louisiana has had a ban on texting-while-driving in years past, the new law makes it a primary offense, allowing police officers to stop and ticket drivers solely because they were seen texting or checking e-mail while driving.

"It has always been a secondary offense, meaning that [if] a driver were pulled over for another reason, the texting offense would be secondary. I can tell you that it is a big contributor to the number of accidents we see on state highways," Lt. Markus L. Smith, State Police Public Affairs representative, stated. "That brief moment of lost focus can be life or death in some cases."

Drivers caught texting behind the wheel face a $175 fine for the first offense and a $500 fine for every offense thereafter. If the driver is texting or e-mailing and is involved in an accident, the fine doubles. The ticket can also be reported to the driver's insurance carrier, which may result in increased insurance premiums.

Another New Law Bans Minors From Using Cell Phones While Driving

Also going into effect on August 15 was a law that prohibits drivers 17-years-old and younger from using any "wireless communication device." The term "wireless communication device" includes cell phones, PDAs, pagers, laptops and other devices. However, the law does not include push-to-talk devices and commercial two-way and citizen band radios.

Minors caught driving and using wireless devices face a $100 fine for a first offense and a $250 fine for each additional offense. Fines are doubled if it is determined that a minor was using a wireless device at the time of an accident.

If you have been involved in an accident involving a distracted driver, speak with a personal injury attorney about seeking compensation for your medical bills, pain and suffering, lost wages, and property damage.

Article provided by Bohrer Law Firm, LLC
Visit us at www.bohrerlaw.com

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Louisiana Makes Texting-While-Driving a Primary Offense

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