Louisiana Lawyer Blog

During the last legislative session, Louisiana lawmakers upgraded the existing law prohibiting text messaging to “primary enforcement status.” This means that law enforcement can now stop and cite violators if the officers observe someone texting while driving. The current law is as follows: text messaging is banned for all drivers and drivers under 18 years old may not use any wireless devices while driving.

While it remains to be seen how this new law will be enforced and to what extent this enforcement will ultimately diminish the unsafe usage of cell phones while driving, it is clear after taking the short drive from my house to work that too many drivers are doing too much to take their attention off the road. One consequence of the legislature’s anti-texting bill may be its effect in helping prove another party’s negligence in a personal injury cases. Although Louisiana courts have rejected the concept that a violation of a statute necessarily renders a defendant liable to a plaintiff, if you suffer damages as a result of another party “texting” at the wheel, the new statute can still come into evidence and go towards persuading the jury that the defendant who injured you was negligent.

A Calcasieu Parish jury awarded a total of $10,800,240.35 in a wrongful death trucking accident case. That sum included a $5,000,000.00 exemplary damage award, $2,000,000.00 for each parent for the loss of their only child, $1,395,956.06 for the injuries to the mother, $142,558.59 for the injuries to the father, and $250,000.00 for the child’s survival damages. Blake R. David at Broussard, David & Moroux was lead trial counsel in the 14th Judicial District Court in Lake Charles.

The evidence at trial proved that on March 5, 2006, a G.B. Boots Smith Corporation tractor-trailer operated by Brian S. Montgomery was traveling northbound on LA 27 in Calcasieu Parish, ran a red light, plowed into the family vehicle outside of the intersection, and continued another 250 feet after the accident. The jury found that Montgomery was impaired while under the influence of crystal methamphetamine and marijuana (based on test results from Louisiana State Police Crime Lab). Dr. Joseph Manno (toxicologist) explained the jury how the negative DOT drug test taken after the accident was “diluted”. Discovery revealed that Montgomery failed two other crystal meth tests with another employer. Accident reconstructionist Mike Gillen testified that Montgomery had over 1300 feet (and over 11 seconds) to stop his vehicle before the impact.

This carnage resulted in the death of a child (age 2) and severe injuries to her mother (in the hospital for about a month and missed her daughter’s funeral). Eyewitness testimony revealed that the two-year-old suffered after the accident. Her death left the parents, who were married and in their early 20s at the time of the accident, childless. Due to a prior condition of the mother, the parents are physically unable to have any more children.

Louisiana Lawyer Blog

Louisiana Ban on Texting While Driving

Lake Charles Jury Awards $10.8M in Wrongful Death Trucking Case