Every time a driver picks up a phone to read or send a text message, they take their eyes off the road for an average of five seconds. At highway speed, that is the equivalent of driving the length of a football field while blindfolded. In Michigan, texting while driving is one of the leading causes of serious and fatal car accidents, and the consequences for victims can be devastating.
If you or a loved one has been injured by a distracted driver, understanding how Michigan law treats texting-related accidents is essential to protecting your rights and pursuing fair compensation.
The Scope of Texting and Driving Accidents in Michigan
Distracted driving has become an epidemic on American roads. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in the United States in 2022 alone. At any given moment during daylight hours, approximately 660,000 drivers across the country are using a cell phone or other electronic device behind the wheel.
Michigan is not immune to this crisis. The Michigan State Police reported thousands of distracted driving crashes each year across the state. While distracted driving encompasses many behaviors, from eating to adjusting the radio, texting is considered the most dangerous because it simultaneously involves three types of distraction: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving).
The Michigan Office of Highway Safety Planning has identified distracted driving as a primary focus area for traffic safety improvement. Young drivers between 16 and 24 are statistically the most likely age group to be involved in texting-related crashes, though the problem extends across all demographics.
Michigan’s Distracted Driving Laws
Michigan has enacted specific legislation targeting distracted driving and cell phone use behind the wheel. Under Michigan Compiled Laws Section 257.602b, it is illegal to use a handheld mobile device while operating a motor vehicle. This law, strengthened in recent years, prohibits drivers from holding or using a cell phone for any purpose while driving, including texting, making calls, scrolling through social media, or checking emails.
Violations carry escalating penalties:
- First offense: $100 fine and potential community service hours
- Second offense: $250 fine and potential community service hours
- Subsequent offenses: Higher fines and potential driver’s license suspension
- If distracted driving causes an accident with injury or death, the driver may face criminal charges including reckless driving or vehicular manslaughter
Beyond the statutory penalties, a driver who causes an accident while texting faces significant civil liability. Evidence of texting at the time of a crash can be powerful proof of negligence in a car accident injury claim.
Why Texting Creates a Triple Threat Behind the Wheel
Safety researchers classify driving distractions into three categories, and texting is the only common activity that involves all three simultaneously. Visual distraction occurs when drivers look at their phone screen instead of the road ahead. Manual distraction happens when drivers remove one or both hands from the steering wheel to hold the phone, type a message, or scroll through content. Cognitive distraction takes place when the driver’s mental focus shifts from the driving task to composing, reading, or processing a text conversation.
This triple combination is what makes texting uniquely dangerous compared to other distractions. Research published in the journal Accident Analysis and Prevention found that texting while driving increases the risk of a crash or near-crash event by approximately 23 times compared to attentive driving. Even hands-free voice-to-text systems do not eliminate the cognitive distraction component, as the driver’s mind is still engaged in composing and reviewing the message rather than monitoring traffic conditions.
The physical mechanics of texting compound the problem. When a driver looks down at a phone in their lap or on the center console, their field of vision narrows dramatically. They lose awareness of vehicles in adjacent lanes, pedestrians entering crosswalks, traffic signals changing, and road hazards ahead. By the time they look up, it is often too late to react.
Proving a Driver Was Texting at the Time of an Accident
Establishing that a driver was texting when they caused an accident is a critical element of a personal injury claim. Several types of evidence can help prove distracted driving:
- Cell phone records: Subpoenaed phone records can show the exact times of sent and received text messages, establishing whether the driver was actively texting at the moment of the crash
- Phone forensic analysis: Digital forensic experts can examine a phone’s data to determine what apps were in use and when
- Witness testimony: Other drivers, passengers, or bystanders may have observed the driver looking at or holding a phone before the crash
- Police reports: Officers at the scene may note signs of distraction or the driver’s own admission of phone use
- Surveillance footage: Traffic cameras, dashcam footage, or nearby business security cameras may capture the driver’s behavior
- Crash reconstruction: Accident reconstruction experts can analyze factors like lack of braking, failure to take evasive action, or lane departure patterns consistent with inattentive driving
An experienced attorney knows how to preserve and obtain this evidence quickly, as phone records and digital data can be lost or overwritten if not promptly secured through legal preservation letters.
Compensation Available to Texting Accident Victims in Michigan
Victims of texting-related car accidents in Michigan may be entitled to several forms of compensation. Under the state’s no-fault insurance system, your own auto insurance provides Personal Injury Protection (PIP) benefits covering medical expenses, lost wages (up to 85% of gross income for three years), rehabilitation costs, and replacement services regardless of who caused the accident.
In addition to no-fault benefits, if you suffered a serious impairment of body function, permanent serious disfigurement, or death under MCL 500.3135, you may file a third-party lawsuit against the texting driver for pain and suffering, emotional distress, loss of enjoyment of life, and excess economic damages not covered by PIP benefits.
The fact that a driver was texting at the time of the accident can significantly strengthen a third-party claim. Evidence of illegal cell phone use demonstrates clear negligence and can influence both settlement negotiations and jury verdicts. In cases involving egregious distracted driving behavior, punitive damages may also be available in limited circumstances.
Steps to Take After a Texting-Related Car Accident
If you suspect the driver who hit you was texting, taking immediate action can strengthen your claim. Call 911 and request a police report. Tell the responding officer that you believe the other driver was using their phone. If it is safe to do so, photograph the accident scene, vehicle damage, road conditions, and any visible injuries.
Seek medical attention promptly, even if you feel fine initially. Many serious injuries, including concussions, whiplash, and internal injuries, may not produce obvious symptoms for hours or days. Document all medical treatment and keep records of every expense related to the accident.
Contact a Michigan auto accident attorney as soon as possible. An attorney can take immediate steps to preserve critical evidence, including sending a spoliation letter to the other driver’s cell phone carrier to prevent destruction of phone records. Time is critical in these cases, as carriers only retain detailed records for limited periods.
Holding Distracted Drivers Accountable in Michigan
Texting while driving is a choice, and when that choice causes injuries or takes lives, the responsible driver should be held accountable. Michigan law provides multiple avenues for victims to seek justice and compensation, but navigating the no-fault insurance system while simultaneously pursuing a third-party claim requires experienced legal guidance.
At The Joseph Dedvukaj Firm, our attorneys have extensive experience handling distracted driving accident cases throughout Michigan. We understand how to investigate these claims, obtain and preserve electronic evidence, and build compelling cases that demonstrate the full extent of our clients’ injuries and losses.
If you or a loved one was injured by a texting driver, contact us for a free, confidential consultation. Call 866-HIRE-JOE to speak with a Michigan personal injury attorney who will fight for the compensation you deserve.