Michigan Distracted Driving Claims: Hands-Free Law and Proof

Michigan’s distracted-driving law reaches beyond typing a text message. But a civil injury claim still needs evidence connecting a driver’s conduct to the crash. A phone in the vehicle, or even a traffic citation, does not by itself establish every element of liability.

Michigan’s hands-free law changed the starting point

The Michigan State Police distracted-driving resource explains the hands-free law that took effect June 30, 2023. It restricts holding or manually using a mobile electronic device while operating a vehicle, subject to statutory exceptions.

Hands-free use also does not settle whether a driver was attentive. A collision can involve distraction from passengers, food, navigation, or other activity. Describe observed conduct and its timing rather than assuming every distraction is a phone-law violation.

Evidence should connect the distraction to the driving

• Witness accounts describing what the driver was doing immediately before impact.
• Dashcam, nearby camera, or other original recordings showing the vehicle’s movement and timing.
• Police observations, driver statements, and any citation or investigative information.
• Available phone or application records obtained through lawful investigation; a call log alone may not show manual use.
• Scene evidence showing braking, lane departure, signals, visibility, and the movements of other road users.

Preserve your own records accurately

Keep your original photos, recordings, and relevant communications. Do not delete material because you think it is unhelpful. If your own phone use becomes an issue, tell your lawyer so it can be evaluated with the rest of the evidence.

Do not try to access another person’s phone or account yourself. Counsel can assess what records exist, whether preservation is needed, and how records may lawfully be requested. Data timestamps also need interpretation; activity recorded at a particular time does not always identify who used the device or what happened inside the vehicle.

Fault and injury losses need separate proof

The claim should explain both how distracted driving contributed to the collision and what injuries or losses followed. Keep treatment records, work restrictions, wage information, and expenses organized. A clear driving violation does not automatically establish the amount of damages.

See our distracted driving injury practice page and comparative-fault guide. If several drivers may have contributed, the investigation should account for each person’s conduct rather than stopping at the first allegation of phone use.

Discuss your claim with Logeman & Iafrate

For a free consultation, contact Logeman & Iafrate, P.C. or call (734) 994-0200. Bring the records described above so the conversation can focus on your accident, available coverage, and next steps.

This article provides general information, not legal advice. The applicable law, policy terms, and deadlines depend on the facts of your case.

Does Michigan’s law only prohibit texting?

No. The hands-free law effective June 30, 2023 covers broader holding and manual use, subject to exceptions.

Does a phone record prove the driver caused the crash?

Not by itself. Timing, user identity, actual activity, and the connection to the driving need evaluation.

Can I obtain the other driver’s phone myself?

Do not access another person’s device or account. Ask counsel about lawful preservation and record requests.