Texting While Driving Accidents
Michigan Texting While Driving Accident Claims
Texting while driving takes a driver's eyes off the road for an average of 5 seconds — at 55 mph, that's the length of a football field driven completely blind. Despite Michigan's law prohibiting texting while driving, it remains one of the leading causes of serious and fatal accidents in the state. When a texting driver causes an accident, Koussan Law pursues maximum compensation for the victims.
Michigan's Distracted Driving Law
Michigan's updated distracted driving law (MCL § 257.602b) prohibits manually using a cell phone while driving. This includes texting, scrolling social media, watching videos, and any manual interaction with a handheld device. Violation of this statute constitutes negligence per se in a civil lawsuit, meaning the distracted driver's violation of the law is itself proof of negligence. This significantly strengthens the injury victim's case.
Proving Phone Use at the Time of the Crash
Modern technology makes it possible to prove a driver was on their phone at the moment of impact. We subpoena the at-fault driver's cell phone records to show calls, texts, and data usage timestamped to the crash. App usage data, social media posts, and GPS navigation timestamps can all establish phone distraction. We also use the vehicle's infotainment system data and witness testimony to build a comprehensive picture of the driver's distraction.
The Devastating Consequences
Texting drivers typically do not brake or take evasive action before impact because they never see the crash coming. This means victims absorb the full force of the collision without any speed reduction. The resulting injuries are often catastrophic: traumatic brain injuries, spinal cord injuries, multiple fractures, and death. Under Michigan's no-fault system, PIP benefits cover medical expenses (MCL § 500.3107), and the severity of these crashes almost always meets the serious impairment threshold for pain and suffering claims.
Call Koussan Law at (313) 800-0000 if you were hit by a texting driver.
Use our free case calculator for a preliminary estimate of your claim value.
