Louisiana Revised Statue 32:58 provides that any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person.
Failure to drive in such a manner shall constitute careless operation. In your case, the individual was not paying attention while operating a motor vehicle because he was texting, which is prohibited in the State of Louisiana.
Also, Louisiana Revised Statue RS 32:300.5 states that use of certain wireless telecommunications devices for text messaging and social networking are prohibited under A. (1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication.
For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
If you have questions about Personal Injury, call the Gertler Law Firm at (504) 581-6411 for a free consultation.