Distracted driving is a major cause of automobile accidents causing serious personal injury. According to the National Highway Traffic Safety Administration, distracted driving has caused more than 50% of crashes involving teen drivers and results in more than 1,000 injuries every day in the United States. It is important to talk to teenage drivers about driving distractions and safe driving habits. The most frequent driving distractions are as follows:

  • Cell phone use while driving
  • Changing the radio station on the car stereo
  • Driving with pets in the vehicle
  • Adjusting the air conditioning or heating temperature controls
  • Searching for items on the floor, passenger seat or back seat of the car
  • Applying or checking makeup
  • Eating or drinking while driving
  • Turning to look at a traffic accident or activity on the side of the road
  • Scrolling through email, social media accounts or other smartphone apps, including composing, sending, reading or browsing electronic data such as email, text messages or websites

How to Avoid Driving Distractions

  1. Turn off your cell phone and put it away
  2. Get a hands-free device to call in case of emergencies
  3. Make sure children and pets are secure
  4. Do not eat or drink while driving
  5. Program your GPS before you leave

Distracted Driving Laws in Michigan

Michigan law prohibits a driver from reading, manually typing, or sending a text message while driving. Driving is defined as operating a moving motor vehicle on a street or highway.

Penalties for Texting While Driving

  • $100 fine for first offense, $200 for subsequent offenses
  • No points are assessed on a driving record
  • Exceptions are in place for reporting crashes, crimes or other emergencies (See Michigan Compiled Law 257.602b)

The texting and driving law does not apply to hands-free cell phones and devices. The texting ban only applies to a phone that is located in the person's hand or in the lap.

Criminal Penalties for Causing Injury or Death

  • A texting driver who causes the death of another person is guilty of a misdemeanor and could be sent to jail for a year and/or ordered to pay a fine of $2,000 (MCL 257.601d(1))
  • A texting driver who causes serious impairment of a body function to another person is guilty of a misdemeanor and could be sent to jail for up to 93 days and/or ordered to pay a fine of $500 (MCL 257.601d(2))

Personal Injury Lawsuits and Distracted Driving

If you have been injured in a car accident that was not your fault, you have every right to file a claim against the responsible party. Distracted driving clearly contributes to causing accidents, and sometimes causes serious injuries.

It is important to retain an attorney as soon as possible after an accident to preserve evidence that can be used to prove that the other driver was distracted by the use of electronic devices. Cell phone carriers vary on retention policies regarding storage of this information, so it is important to have an attorney attempt to obtain this information as soon as possible in legal proceedings.

If you're looking for an experienced personal injury attorney you can trust in Michigan, please contact us online at logeman.com, Logeman, Iafrate & Logeman, P.C. today or call (866) 992-0200 toll free for a free consultation.

What is considered distracted driving in Michigan?

Distracted driving includes any activity that diverts attention from driving, such as texting, using a cell phone, eating, adjusting the radio, applying makeup, or interacting with pets. Michigan law specifically prohibits reading, manually typing, or sending text messages while operating a moving vehicle.

What are the penalties for texting while driving in Michigan?

First-time offenders face a $100 fine, while subsequent offenses result in a $200 fine. No points are assessed on your driving record. However, if texting while driving causes death, the driver faces up to one year in jail and/or a $2,000 fine. Causing serious bodily injury can result in up to 93 days in jail and/or a $500 fine.

Can I use a hands-free device while driving in Michigan?

Yes, Michigan's texting ban does not apply to hands-free cell phones and devices. The law only prohibits phones located in the driver's hand or lap while the vehicle is in motion.

What should I do if I'm injured by a distracted driver?

Contact a personal injury attorney immediately to preserve critical evidence, such as cell phone records that prove the other driver was distracted. Cell phone carriers have varying retention policies, so quick action is essential. You have the right to file a claim against the responsible party for your injuries and damages.

How can I prove the other driver was distracted?

An experienced attorney can obtain cell phone records, witness statements, police reports, and other evidence to demonstrate the driver was using electronic devices at the time of the accident. This evidence is crucial for building a strong personal injury case.