Michigan Texting While Driving Accident Lawyers

One text. That's all it takes. Reading or sending a single message pulls a driver's eyes, hands, and focus off the road at the same time. It's one of the most dangerous things anyone can do behind the wheel, and in Michigan, it's against the law.

If a texting driver caused your crash, the Lee Steinberg Law Firm will fight to hold them accountable. We've recovered approximately $1 billion for injured Michiganders over more than 50 years. And you pay no attorney fees or costs unless we win.

Call a texting while driving accident lawyer in Michigan at 1-800-LEE-FREE today for a free, confidential consultation. You can also visit our Michigan car accident page to learn more.

Why Texting Is So Dangerous

Distracted driving is anything that pulls your attention away from the road. It usually happens in one of three ways:

• Visual: your eyes leave the road
• Manual: your hands leave the wheel
• Cognitive: your mind drifts away from driving

Most distractions involve just one of these. Texting involves all three at once. That's why the National Highway Traffic Safety Administration warns that texting greatly raises the risk of a crash. NHTSA even names April National Distracted Driving Awareness Month to get the message out.

Here's a way to picture it. Reading a text at 55 mph is like driving the length of a football field blindfolded. And since many texting drivers never see what's coming, they don't brake or swerve. That leads to high-speed rear-end crashes, cars drifting out of their lanes, and drivers hitting pedestrians and cyclists.

Michigan drivers know this is a problem. In a 2016 AAA survey, nearly 95% of Michiganders polled said texting while driving was their top distracted driving concern. That ranked ahead of driving while tired (94%), grooming behind the wheel (87%), and talking on a handheld phone (63%). Yet more than a third of drivers admitted to reading texts while driving.

Hands-free isn't automatically safe, either. Research cited by the National Safety Council found that talking on a phone, even hands-free, can slow a driver's reaction time more than driving at the legal blood alcohol limit. Your hands may be on the wheel, but your mind isn't on the road.

Texting and Michigan's Hands-Free Law

Michigan used to ban only texting. Not anymore. Under the state's updated hands-free law, MCL 257.602b, drivers can't hold or manually use a phone or other mobile device while driving. That includes texting, typing, dialing, browsing, and watching videos.

There are a few limited exceptions. A driver can use a phone to:

• Report a crash, medical emergency, or serious road hazard
• Report a situation where they believe their safety is in danger
• Report or prevent a crime against themselves or someone else
• Carry out official duties as a police officer, firefighter, or emergency vehicle operator

Breaking this law can lead to fines and community service, and the penalties go up for repeat offenders and when the violation contributes to a crash. A driver who causes a wreck while on their phone can also be charged with careless driving.

Why does this matter for you? Every driver has a "duty of care," which is a legal way of saying they have to drive carefully enough to keep others safe. A driver who breaks the hands-free law has broken that duty. That can be strong evidence of negligence (careless driving that caused your injuries) in your claim.

How We Prove the Driver Was Texting

This is the question most people ask us: how do you prove what someone was doing on their phone? It's exactly what we focus on. Our attorneys:

• Subpoena the driver's cell phone records, meaning we formally demand them through the legal process, to show when texts were sent or received and when data was used
• Work with experts to match that phone activity to the exact time of the crash
• Find witnesses who saw the driver looking down at a phone
• Pull traffic camera and surveillance video when it's available
• Review the police report and any tickets under the hands-free law
• Analyze the car's "black box" (event data recorder), which can show the driver never hit the brakes

Put together, this evidence can show the driver was texting in the moments before your crash.

Teens, Parents, and Phones Behind the Wheel

Young drivers face the biggest risk. Distraction plays a role in nearly 6 out of 10 moderate-to-severe teen crashes. And 10% of drivers ages 15 to 19 involved in fatal crashes were reported as distracted at the time.

Talking to your teen about phone use in the car is a great start, whether they're calling, texting, or using an app. But kids learn more from what you do than what you say. In a Common Sense Media poll, more than half of teens said they've seen their parents check or use their phones while driving.

So set rules for the whole household, including yourself. Here are some simple ways to keep phones out of the picture:

• Silence your phone. Turn on airplane mode or Do Not Disturb before you drive. Turn off vibration too, since a buzz can be just as tempting as a ringtone.
• Use a reminder passcode. Set a lock screen code like "CantTalk." Typing it in makes you stop and think twice.
• Set boundaries. Ask friends and family not to contact you during your commute.
• Put it out of reach. Keep your phone in the glove box, a bag in the back seat, or the trunk. Check it when you arrive or after you've safely pulled over.
• Download a safety app. Many free apps block incoming messages or send automatic replies saying you're driving.
• Pick a designated texter. Let a passenger handle texts, calls, and GPS changes.
• Make a promise. Sign NHTSA's pledge against distracted driving. Putting your name on it can help you keep your eyes on the road.

Common Injuries in Texting Crashes

Because texting drivers often don't brake at all, these crashes hit hard. Injuries we commonly see include:

• Whiplash and soft tissue injuries
• Back and spinal injuries, including herniated discs
• Concussions and traumatic brain injuries
• Broken bones
• Internal injuries
• Permanent disability or wrongful death, especially when a texting driver hits a pedestrian or cyclist

What Compensation Can You Recover?

What your case is worth depends on how badly you were hurt. Most claims include two kinds of damages (the legal word for money owed to you).

Economic Damages

These are the losses you can put a number on: medical bills, future treatment and rehab, therapy, medical equipment, and lost wages.

In Michigan, your own auto insurance usually pays these through a No-Fault claim. It's called a "first-party" claim because you're claiming against your own insurer, not the other driver's. No auto insurance? You may still have options. Our team can figure out which insurance company is responsible.

Non-Economic Damages

These cover the harm that doesn't come with a receipt. They're often the biggest part of a case:

• Pain and suffering
• Emotional distress, anxiety, and depression
• Loss of enjoyment of life
• Loss of companionship

If a texting driver takes a loved one's life, surviving family members can bring a claim under Michigan's wrongful death law. That can cover funeral and burial costs, medical bills before death, lost financial support, and the loss of your loved one's love, guidance, and companionship.

What to Do After a Crash With a Texting Driver

Your first job is to focus on getting better. These steps help protect your health and your claim:

1. Call 911. Report the crash and stay calm with the officer so a police report gets made. If you saw the driver on their phone, tell the officer.
2. Document the scene if you can. Photograph the cars, skid marks, debris, road conditions, and your injuries.
3. Swap information. Get the other driver's name, contact info, and insurance. Ask witnesses for their names and numbers too.
4. Get checked out right away, even if you feel fine. Some injuries take hours or days to show up. A quick exam also links your injuries to the crash. The ER is best, but urgent care beats nothing.
5. Don't give a recorded statement to the other driver's insurance company. Talk to a Michigan car accident lawyer first.
6. Call us. We'll move fast to save phone records, black box data, and witness statements before they disappear. Contact our office and we'll walk you through every step.

How to File a Michigan No-Fault Claim After a Texting Crash

Michigan is a No-Fault state. After most crashes, your own insurance pays for your medical care and part of your lost wages, no matter who caused the crash. This coverage is called personal injury protection, or PIP.

Filing a No-Fault claim usually looks like this:

1. Figure out which policy pays. Michigan has a set pecking order for this, called the order of priority. Usually your own insurer pays your medical bills.
2. Notify that insurer. This usually means calling them and filling out their application for benefits.
3. Send proof of your losses. That includes medical treatment, missed work, and help you needed around the house.

Here's what PIP covers:

• Medical care: reasonable and necessary crash-related treatment, up to your policy's medical limit
• Lost wages: 85% of your gross pay for up to 3 years after the crash
• Replacement services: payment for someone to help with household chores you can't do, also for up to 3 years

Learn more about your coverage from the Michigan Department of Insurance and Financial Services.

Watch Out for Michigan's Strict One-Year Deadlines

This is where people get tripped up. Under MCL 500.3145, many PIP claims must be brought within 1 year. You also generally can't get paid for expenses from more than one year before you file a lawsuit. That's called the "one-year back rule." Miss a deadline, and you could lose benefits you were owed.

Pain and suffering is a separate claim. To recover it, you file a liability claim against the texting driver and the vehicle's owner. You usually have 3 years to file that lawsuit under MCL 600.5805. We handle both claims at the same time, so nothing slips through the cracks.

Why Choose the Lee Steinberg Law Firm?

For more than 50 years, we've fought for injured people across Michigan and recovered approximately $1 billion on their behalf. We know how insurance companies size up texting cases, and what it takes to move them from "no" to a fair settlement.

Michigan's No-Fault law is one of the most complicated auto insurance systems in the country. We know it inside and out. We track the strict one-year PIP deadlines, get your lost wage benefits paid, lock down phone records and black box data before they disappear, and bring in accident reconstruction experts when needed.

Meet our trial team on the attorneys page, or reach out to our offices in Southfield, Detroit, Flint, Saginaw, Grand Rapids, and Traverse City. Under the Lee Free Guarantee, you pay no attorney fee unless we win.

What Makes a Top-Rated Texting While Driving Accident Lawyer in Michigan?

Not every firm knows how to prove what a driver was doing on their phone. When you're looking for a top-rated texting while driving accident lawyer in Michigan, here's what actually matters:

• Experience with phone evidence. Proving texting takes subpoenas, carrier records, and experts who can match timestamps to the crash. We do this work every day.
• A real track record. We've recovered approximately $1 billion for injured Michiganders.
• Years in the trenches. Our firm has been handling Michigan injury cases for more than 50 years.
• Trial experience. Insurers know which lawyers will actually go to court. We're trial lawyers, and they know it.
• Speed. Phone carriers only keep records for so long. A strong firm moves to preserve them right away.
• No financial risk to you. Under the Lee Free Guarantee, you pay nothing unless we win.

Talk to a Texting While Driving Accident Lawyer in Michigan for Free

If a texting driver hurt you or someone you love, you don't have to handle this alone. Call the Lee Steinberg Law Firm at 1-800-LEE-FREE or fill out our free online consultation form. No fees unless we win.