Distracted Driving Accidents

Distracted Driving Accidents in Michigan: The Epidemic That's Killing More People Than Drunk Driving

I'll say what every personal injury attorney in Michigan knows but most won't say publicly: distracted driving has surpassed drunk driving as the leading cause of preventable traffic deaths. The difference is that society stigmatizes drunk driving — there are criminal penalties, public awareness campaigns, MADD chapters in every city. Distracted driving? People still think checking a text at 70 mph on I-94 is no big deal. Until they rear-end a family at a stoplight and change multiple lives forever.

At Koussan Law, I see the aftermath of distracted driving every week. Rear-end collisions where the at-fault driver never touched the brakes. T-bone crashes at intersections because someone was scrolling Instagram instead of watching the light. Head-on collisions on two-lane roads because a driver drifted across the center line while typing a text. The injuries are severe because distracted drivers don't react — there's no braking, no swerving, just full-speed impact into whatever's in front of them.

What Counts as Distracted Driving Under Michigan Law

Michigan's distracted driving law — MCL § 257.602b, updated in 2023 — now prohibits holding or using a mobile device while operating a vehicle. This includes texting, calling, scrolling, watching video, and any other manual interaction with a phone. But legal distraction goes beyond phones: eating, adjusting a GPS, reaching for objects, talking to passengers, and daydreaming all qualify as distracted driving for purposes of establishing negligence in a civil case.

For a personal injury claim, I don't need to prove the driver violated MCL § 257.602b specifically. I need to prove the driver breached their duty of care — and any form of distraction that caused the crash establishes that breach. Phone records, dashcam footage, witness testimony about the driver looking down, and event data recorder (EDR) evidence showing no pre-impact braking all build the case.

Proving Distraction: The Evidence That Wins These Cases

The single most valuable piece of evidence in a distracted driving case is the at-fault driver's cell phone records. A subpoena to the carrier reveals whether the driver was texting, on a call, or using data at the exact moment of impact. Combined with the crash timestamp from the police report, this creates an almost irrefutable chain of evidence. I also pursue EDR data from the at-fault vehicle (the "black box" that records speed, braking, and steering inputs), surveillance camera footage from nearby businesses, and the driver's own social media activity around the time of the crash.

Frequently Asked Questions

Q: What penalties does Michigan impose for distracted driving?

Under the 2023 update to MCL § 257.602b, first offense is a $100 fine or 16 hours of community service. Second offense is $250 or 24 hours of community service. Third and subsequent offenses carry a $500 fine. But these criminal penalties are separate from civil liability. In a personal injury case, the fact that the driver was cited for distracted driving is admissible evidence supporting your claim for damages — and the damages in a serious injury case dwarf any criminal fine.

Q: Can I recover damages if the distracted driver wasn't cited by police?

Absolutely. A police citation is helpful but not required. Civil liability is based on negligence — did the driver fail to exercise reasonable care? I prove distraction through phone records, EDR data, witness testimony, and crash reconstruction. Many distracted drivers are never cited because police arrive after the fact and can't observe the distraction directly. The civil case doesn't depend on the criminal case.

Q: What if I was partially distracted too — does that bar my claim?

Michigan follows modified comparative negligence under MCL § 600.2959. You can recover damages as long as you were less than 50% at fault. Your award is reduced by your percentage of fault. If you were 20% distracted and the other driver was 80% distracted, you recover 80% of your damages. I fight hard on the fault allocation because every percentage point matters.

Q: What is the statute of limitations for a distracted driving accident claim?

Three years from the date of the accident under MCL § 600.5805. PIP benefits have a one-year-back rule under MCL § 500.3145. Government entity claims require 120-day notice under MCL § 691.1404. Don't wait — cell phone records and surveillance footage are preserved for limited periods, and early preservation demands are critical.