Distracted driving has happened since people started getting behind the wheel over a hundred years ago. Not long ago, the worst kind of distracted driver you would encounter was someone eating while driving or playing with their radio dial. Nowadays, we are bombarded by distractions all the time while driving, primarily due to the proliferation of cell phones and apps inside a vehicle. And with people texting and driving or using social media while driving, Michigan law is catching up to these dangerous activities.
If you have any questions about these new laws, or someone you love has been involved in a car accident, please contact our Michigan distracted driving lawyers anytime for a free consultation.
Why is Distracted Driving so Dangerous?
Distracted drivers are dangerous because they are not paying attention to changing traffic conditions and the roadway in front of them. As any driver knows, things can change in an instant. Drivers must prepare for sudden stops, changing traffic lights, and turning cars while on a roadway. Failing to pay attention, even for a split second, can make all the difference.
According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people lost their lives due to distracted driving. While not all these fatalities were the result of cell phone use, mobile phones are becoming a larger percentage of the cause of car crashes and fatalities in Michigan and throughout the county.
In fact, research has shown texting drivers are 23 times more likely to cause an accident than drivers who are focused on the road. Cell phone users are 5.36 times more likely to get into an accident than undistracted drivers. A study by the University of Utah found that driving and talking on a cell phone is similar to driving intoxicated at the legal blood-alcohol limit of 0.08% Cambridge Mobile Telematics issued a study that the amount of time drivers are distracted by their phones increased by about 23% from 2020 to 2022. Further, every 10% increase in distracted driving kills over 420 people and costs the American economy $4 billion per year.
What is the New Distracted Driving Law?
The new distracted driving law centers around cellphone use and driving. The general rule in Michigan is an individual cannot hold or use a mobile cell phone while operating a motor vehicle. Now there are several exceptions. For example, if a person is using a cell phone while hands-free or in a voice operated mode, then talking on a cell phone is permissible. MCL 257.602b(3)(d).
But the law is clear for other activities:
- Sending or receiving a telephone call while driving and using your hands to use the cell phone is prohibited. MCL 257.602b(2)(a)(i).
- Sending, receiving, or reading a text message while driving is illegal. MCL 257.602b(2)(a)(ii).
- Viewing, recording, or sending a video while driving is illegal. MCL 257.602b(2)(a)(iii).
- Reading or posting on a social media stie is prohibited. MCL 257.602b(2)(a)(iv).
The new law also states that even reaching for a cell phone or other electronic device in a way that requires the driver to not be in a seated driving position is illegal.
What are the Penalties for Violating Michigan’s Distracted Driving Laws?
There are civil fines and penalties for breaking the new cell phone laws. The penalties depend on what illegal act you are doing. If you were holding and using your cell phone while driving, then the penalties are the following, in MCL 257.602b(4).
- For a first violation, the penalty is a $100 fine or 16 hours of community service, or both.
- For a second or subsequent violation, the penalty is a $250 fine or 25 hours of community service, or both.
However, if you were breaking the rule found in MCL 257.602b(2), such as texting and driving, or looking at social media while driving, the penalties are bigger:
- For a first violation, the penalty is a $200 fine or 32 hours of community service, or both.
- For a second or subsequent violation, the penalty is a $500 fine or 48 hours of community service, or both.
The penalties are more severe if the individual at fault causes an accident. In those situations, any civil fine must be double the amount that otherwise would be ordered as listed above.
Are There Exceptions to the Texting While Driving Laws in Michigan?
Yes. There are exceptions to the general rule that individuals cannot operate a cell phone with their hands while driving. But these exceptions are narrow. For example, a police officer, firefighter, EMT, paramedic, or a volunteer first responder can use their cell phone if is within the scope of their employment while responding to a public emergency. MCL 257.620b(3)(a). In addition, if a person needs to use a cell phone for emergency purposes while driving, such as calling or texting 911, that then is also allowed. Remember, hands-free use is always allowed.
What are the Distracted Driving Laws for Teenagers in Michigan?
Texting and driving or using social media while driving is a major problem for teenage drivers. It has led to horrific accidents and deaths on Michigan roadways. One notable tragedy occurred in 2010 when 17-year-old Kelsey Raffaele of Sault Ste. Marie died in a distracted driving accident. The state legislature recognized this problem and finally passed MCL 257.602c, known as “Kelsey’s Law”.
Under the law, an individual issued a Level 1 or Level 2 graduated license cannot use a cell phone while operated car or truck on a highway or street. This includes initiating a call, answering a call, or engaging in verbal communication while using a cell phone. A violation of this law can result in a $240 fine. Again, there are exceptions for hands-free use and for emergencies.
When Did the Texting and Driving Law Change?
The laws involving cell phones have been on the books in Michigan since 2010. Since that time, several amendments and changes have been made to the law. The most recent changes took effect on June 30, 2023.
What are the Most Common Car Accidents Due to Distracted Driving and Cell Phone Use
- Rear-end car accidents – the driver is looking at their phone and fails to see traffic stopped in front of them.
- Head-on collisions – the driver is looking at their phone and veers towards oncoming traffic
- Collisions at an intersection – the driver fails to pay attention to the traffic light or other vehicles turning at an intersection.
- T-bone collisions – a driver is not paying attention and makes a turn without having the right of way, causing a terrible T-bone crash.
Cell-Phone Use While Driving is a Deadly Distraction and Should Always Be Avoided
Operators of motor vehicles at any age cannot drive safely unless the task of driving has their full attention. Any non-driving activity a driver engages in, especially using a mobile device, is a dangerous distraction and increases the risk of crashing and causing injuries and preventable fatalities. Follow our guide below to stop yourself from being distracted by your mobile device while driving.
- Recognize that driving requires your full attention.
- Change the settings on your phone to Do Not Disturb. This will automatically send a message to those trying to reach you that you are not able to speak.
- Ask a passenger to place a call or text for you and, if possible, have the passenger handle the conversation.
- Do not compose, send, or read text messages or use social media platforms while driving in Michigan.
- Never FaceTime or virtually chat while driving.
- Don’t use Tik Tok, Instagram, Twitter, Snapchat, or any other social media when driving a car.
- Avoid intense, complicated, or emotional conversations when driving.
- Stop at a safe roadside location to make essential calls, conference calls, and when participating in Zoom meetings.
- Program your GPS before starting your trip.
- Allow plenty of time for your trip to avoid having to call or text the person who is expecting you.
Michigan Distracted Driving Lawyers – The Lee Steinberg Law Firm Can Help
For decades, The Lee Steinberg Law Firm has helped injured victims win their cases to collect the compensation that they need and deserve. This includes cases against negligent drivers texting while driving or failing to pay attention while using their cell phones.
We care about the health and well-being of our clients. Recovering from an accident caused by cell phone use while driving or distracted driving can take time and can result in many financial burdens. Let us help you get the benefits that you need so you can recover as comfortably as possible.
Please call Lee Steinberg and the Detroit car accident lawyers at 1-800-LEE-FREE (1-866-511-0594) or fill out the Free Case Evaluation Form so we can answer any questions you may have about your accident. You pay nothing until we settle your Michigan personal injury case.