HLS 10RS-624 ORIGINAL
Page 1 of 1
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 134
BY REPRESENTATIVE ABRAMSON
LIABILITY/CIVIL: Establishes a prima facie case of liability for those who are in an
accident while using a hand-held communication device
AN ACT1
To enact R.S. 13:3742, relative to admissibility of evidence; to provide for prima facie2
evidence of fault in certain circumstances; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 13:3742 is hereby enacted to read as follows: 5
ยง3742. Use of hand-held communication device; prima facie evidence of fault6
In the trial of any action to recover personal injury or property damages7
sustained by any party, it shall be prima facie evidence of fault on the part of a driver8
of a motor vehicle who is involved in a collision while driving and simultaneously9
using any hand-held electronic communication device.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 134
Abstract: Establishes prima facie evidence of fault of a driver using a hand-held electronic
communication device while operating a motor vehicle involved in a collision.
Proposed law provides that it shall be prima facie evidence of fault on the part of a driver
of a motor vehicle involved in a collision while driving and using a hand-held electronic
communication device.
(Adds R.S. 13:3742)