Michigan's Distracted Driving Epidemic
Distracted driving kills and seriously injures thousands of people on Michigan roads every year. In 2023, the Michigan Office of Highway Safety Planning reported that distracted driving was a factor in over 17,000 crashes statewide — and those are only the ones where distraction was documented. The real number is almost certainly higher, because drivers rarely admit they were on their phones.
Michigan's Distracted Driving Laws
Michigan strengthened its distracted driving statute significantly in 2023 with the passage of the Hands-Free Law, which took effect June 30, 2023. Under MCL § 257.602b, it is now illegal for any Michigan driver to hold or use a mobile device while operating a vehicle. This includes texting, scrolling, watching videos, video calls, or any manual interaction with a phone. First offense carries a $100 fine and potential community service; second offense is $250; third and subsequent offenses are $500. Critically for personal injury claims, a violation of the hands-free law is negligence per se — meaning the distracted driver is automatically negligent if they were violating the statute at the time of the crash.
Types of Distracted Driving Beyond Phones
While cell phones dominate the conversation, Michigan courts recognize three categories of distraction: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Eating, adjusting GPS, talking to passengers, reaching for objects, grooming, and daydreaming all qualify. Texting is particularly dangerous because it involves all three categories simultaneously. At 55 mph, looking at a phone for five seconds means traveling the length of a football field essentially blind.
Proving Distracted Driving in Michigan Injury Claims
Proving the other driver was distracted requires strategic evidence gathering. Koussan Law's auto accident team obtains cell phone records through subpoena, analyzes crash data recorders (black boxes), reviews police reports for witness statements, pulls surveillance and dashcam footage from nearby businesses, and examines the at-fault driver's app usage logs. Michigan's threshold for a third-party personal injury claim requires proving a "serious impairment of body function" under MCL § 500.3135, but distracted driving evidence strengthens the case for both liability and damages — including potential claims for wrongful death when distraction leads to fatal crashes.
Injured by a Distracted Driver?
If you or a loved one was injured by a distracted driver in Michigan, Koussan Law can help you recover compensation for medical expenses, lost wages, and pain and suffering. Call (313) 800-0000 for a free consultation or estimate your claim with our case calculator.
