Does Michigan Have Laws against Distracted Driving? All rights reserved. Reading, writing, or sending text messages while behind the wheel. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 44444 Mound Road, Suite 100 These crashes resulted in 3,472 injuries and 28 fatalities. Carrying out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle. Michigan's new distracted driving crackdown begins: What to know "This legislation is designed at saving lives, and thats incredibly important, said bill sponsor Rep. Matt Koleszar, D-Plymouth, during an April committee hearing on the legislation. Accessing, reading, or posting to a social networking site. Insurance companies always try to settle auto accident claims as quickly and cheaply as possible. These bills represent a major step forward. The law is Mission Statement of the Michigan State Police. You can also get help from an experienced auto accident attorney by visiting our contact page or by using the chat feature on our website. For a first violation, offenders are fined $100. Sadly, nearly 12 years after the Michigan texting and driving law took effect, we still have our work cut out for us. Previously, Michigan law only prohibited drivers from using a hand-held cell phone to text while driving. People who walk, bike, or use wheelchairs are particularly vulnerable; they make up 19% of Michigan traffic fatalities, and distracted driving threatens to take more and more lives each year. Ive been able to show truck drivers are in a completely different city and even state than what they recorded in their logs through cell phone downloads. Basically, with a few exceptions, the Michigan law makes all mobile device usage illegal while youre operating a vehicle. Fines are also greater for school bus and commercial vehicle drivers, checking in at $200 for the first offense and $500 for every subsequent offense, and again twice as much if they occur in a car crash. Hewitt explained there is also a cellphone ban for teen drivers, known as Kelseys Law. Michigans current ban on texting while driving does not cover many other distractions from phone use behind the wheel. Past results are no guarantee of future results. But it is not illegal if the phone or device is used in hands-free or voice operated mode or placed in a mount. You cannot hold or manually use a cell phone or other mobile electronic device at any time while operating a vehicle. Have you ever been behind a driver who seemed to be less in control of their car than you would hope? But it is not illegal if the phone or device is used in hands-free or voice operated mode or placed in a mount. The Michigan distracted driving laws prohibit drivers from using a hand-held cell phone or mobile electronic device to: (1) talk on the phone; (2) text; (3) watch or record videos; and (4) post to and engage on social media. $250 fine and/or 24 hours of community service. (Source: Michigan Traffic Crash Facts, Fact Sheets, Cell Phone Use, 2020; NHTSA website; Michigan Traffic Crash Facts Search Query Tool and Driver Distraction (2016+); Governors Highway Safety Association, Driving State Laws; Insurance Institute for Highway Safety (IIHS)), Maximum stars for this law company and particularly for Mr. Steven Gursten Attorney at Law. Michigan's new distracted driving law goes into effect today - FOX 17 In 2013, Kelseys Law made it unlawful for teen drivers to talk on the cell phone while theyre driving. If you have suffered a personal injury in a car accident caused by someone who violated the Michigan distracted driving laws and you would like to speak with an experienced attorney, you can call us toll free anytime 24/7 at (855) 781-7747 for a free consultation with one of our car accident attorneys. Steve has spoken at national webinars on the subject of distracted driving evidence and discovery. (MCL 257.602b(1)) Violation of the texting ban is a civil infraction. Beginning June 30, 2023, police will start issuing citations for violating this law. Dashboard and windshield mounts provide optimal eye-level visibility, no doubt making them ideal for using GPS without having to look away from the road. Also, Steve speaks to high school students and parent groups throughout Michigan as part of Joel Feldmans End Distracted Driving Campaign school and parent presentations. 3. Drivers who dont adhere to the law can face fines and/or community service requirements. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 44444 Mound Road, Suite 100 All rights reserved. "Sam Howell" video. Copyright 2023 Scripps Media, Inc. All rights reserved. (MCL 257.602b(4)(b)), Drivers with 3 or more violations within a 3-year period must complete a basic driver improvement course. (MCL 257.602b(8)), 1 point on a persons driving record for a 2, 2 points on a persons driving record for a 3. Distracted driving includes inattentive driving. For a first offense, motorists are fined $100. Drivers will soon face fines for using mobile devices to make phone calls and post to social media on Michigan's roads under legislation approved by Gov. Here are more details about the penalties under the Michigan distracted driving laws: Unfortunately, these penalties are still too lenient considering the dangers that distracted driving subjects all drivers to. (HB 4250), Three (3) or more violations within 3-year period, distracted driver must complete a basic driver improvement course (HB 4250), 1 point for second violation of MCL 257.602b. So now's a good time to rethink just how valuable that text message actually is. So, what happens if a police officer in Michigan sees you eating a cheeseburger while driving down the highway? (MCL 257.625(9)(a)(ii)); (3) Up to $500 in fines. (MCL 257.601d(2)), A texting driver who causes an at-fault collision with another vehicle, a person, or any other object will get 4 points on his or her drivers license. (MCL 257.602b(4)(a)), A $250 fine for a 2nd or subsequent violation and/or 24 hours of community service. KENT COUNTY, Mich. June 30 is the first day Michigan's new distracted driving law went into effect. In 2017, there were 7,416 crashes in Michigan that involved distracted driving. Do not daydream when you are behind the wheel. This new law although states it doesn't it also provides another path for the police to get into your vehicle. Gretchen Whitmer signed new legislation earlier this month. Research has shown that texting while driving takes the drivers eyes and attention away from the road for 4.6 seconds. "Sam Howell" video, Resources for Schools: National Highway Traffic Safety Administration, 2023 DISTRACTED DRIVING AWARENESS MONTH CAMPAIGN Michigan law only specifically prohibits drivers from texting from a cell phone or device that is located in the persons hand or in the persons lap. (MCL 257.602b(1)). And they take effect on June 30, 2023. The law makes holding or manually using a cell phone or other mobile electronic device while operating a vehicle a primary offensewhich means an officer can stop and ticket drivers for this violation. The new law makes Michigan the 26th so-called "hands-free state" in the U.S. A licensed attorney responsible for the content of this site can be reached at, Kelseys Law Distracted Driving Scholarship. I recommended him to all my friends and neighbors.. It is caused by the trauma. There are 48 states plus D.C., Puerto Rico, Guam, and the Northern Mariana Islands that ban all drivers from texting while driving. WHAT IS DISTRACTED DRIVING? Texting and distracted driving are now the biggest single cause for most of the automobile accident cases that I handle. IT'S THE LAW. Cognitive - taking your mind off the drive. Past results are no guarantee of future results. A licensed attorney responsible for the content of this site can be reached at. (MCL 257.602b(1) and (2)), Specifically, the law states that a driver shall not read, manually type, or send a text message on a wireless 2-way communication device . You cannot use your hands to operate a cell phone or other device beyond a single touch, even if it is mounted. Avoid eating, drinking, and smoking while driving. House Bill 4151, introduced by state Rep. Tyrone Carter, D-Detroit, requires someone who commits three violations of the new law in a three-year span to take a basic driving instruction course. Here's what to know. Hewitt said House Bills 4250, 4251 and 4252 were introduced back in March of this year and he laid out the good and the bad. We developed our last Strategic Highway Safety Plan in 2019 and already we have seen a reduction in the number of fatalities caused by distracted driving. According to a 2009 study from the. Our firm has four conveniently located offices and our attorneys will even drive to you. Viewing, recording, or transmitting a video. Eating while driving: Causes distraction with one or two hands off of the wheel 2023, Consumer Agent Portal, LLC. (888) 290-5163 Why is the punishment for distracted driving vs drunk driving so different, despite both posing very similar risks of causing a car accident? Always. Here are more details about the penalties under the Michigan distracted driving laws: Unfortunately, these penalties are still too lenient considering the dangers that distracted driving subjects all drivers to. According to data gathered by the University of Michigan Transportation Research Institute (UMTRI), there were 12,788 distracted driving crashes in Michigan in 2016. . Insurance companies always try to settle auto accident claims as cheaply as possible. During that same period, fatal auto accidents that included this driving behavior (i.e., where a driver was using a cell phone) in Michigan increased approximately 88%. (MCL 257.602b(13), A $100 fine for a 1st violation and/or 16 hours of community service. We take pride in exposing the hypocrisy of corporations, other organizations, and individuals whose actions put innocent people in harms way. Prohibited Premises. Also, Steve speaks to high school students and parent groups throughout Michigan as part of Joel Feldmans End Distracted Driving Campaign school and parent presentations. Find out what your case is really worth. Examples include: (1) texting; (2) using the phone; (3) talking on the phone; (4) talking to passengers in your vehicle; (5) surfing the internet; (6) using social media; (7) watching videos; (8) looking at images; (9) using FaceTime or Zoom; (10) using GPS or devices like Waze; and (11) eating or drinking. It is caused by the trauma. There has been a sharp increase over the last several years in distracted driving and in people texting while driving. These laws are new to Michigan. How to search for information on a missing person. NHTSA defines it as any activity that diverts . Grand Rapids, MI 49503, 615 Griswold St, Suite 402 2007-2023 Michigan Auto Law. However, Michigans ban on cell phone use while driving only applies to teen drivers, truck drivers and school bus drivers. Phone use results in manual, visual, and cognitive distractions a motorist using their phone may have hands off the wheel, eyes off the road, and mind off the task. No matter where you live in Michigan, our lawyers are accessible. Proposed change to Michigan's Distracted Driving Law awaits Gov Michigan Legislature - Section 257.642 Michigan lawmakers have proposed new bills to expand the distracted driving law. Can you send/receive texts at a red light? Claiming ignorance of the law will not get you out of a citation, so be sure to check on the current laws for any states you may be traveling through before you take your next road trip. The New Distracted Driving Law in Michigan They were approved by the Governor on June 7, 2023. There are more than 25,000 car accidents every year in Michigan. In 2021, the last year with available annual data, there were 2,765 vehicle crashes where cellphone use was a factor, according to the Michigan Office of Highway Safety Planning. Drunk driving: In 2017, 42% of all fatal DUIs in the U.S. were caused by drivers ages 16 and 24 years old. Although the statute does not specifically state that texting while driving is a primary offense, traffic violations that can only be enforced by the police as a secondary action to a separate traffic violation are typically designated as such in the statutory language. Michigan Traffic Fatalities 2023: Statistics, Laws & Prevention, Miscarriage After Car Accident: What You Need To Know. Not only are the crash risks for distracted drivers higher than for non-distracted drivers, but the science shows that distracted drivers can be more dangerous and a bigger threat to people on the road than drunk drivers. He is the current President of the AAJ Distracted Driving Litigation Group, Past-President of the Belli Society, a Past-President of the AAJ Truck Litigation Group and TBI Group, as well as Past-President of the Motor Vehicle Trial Lawyers Association. Drivers under the age of 18 with a Level 1 or 2 learners permit from using cell phones while driving, even if in hands-free mode. MCL 247.651 . Reach out to Michigan Auto Law for a free consultation and sound legal advice. When someone happens to die in a car accident in Michigan, his or her dependents will receive financial support through, Michigan traffic fatalities have increased 15% over the past 5 years, even though total car accidents dropped 6% over the, Miscarriage after a car accident results in the loss of a pregnant womans pregnancy. Distracted driving laws vary by state, and when you cross that state line you are required to follow their laws. Whitmer signs legislation to prevent distracted driving. However, the Michigan Legislature recognized that cell phones are a major distraction on the road and the diverted attention can result in traffic accidents and fatalities. Every state in the US has a law that prohibits some sort of cell phone usageexceptMontana and Arizona. Examples of driving while distracted include: More: Michigan's new distracted driving law is now in effect. Michigan Traffic Fatalities 2023: Statistics, Laws & Prevention, Miscarriage After Car Accident: What You Need To Know. No matter where you live in Michigan, our lawyers are accessible. Distraction was a factor in at least 3,157 fatal crashes on American roadways in 2016, which comprised nine percent of all fatal crashes that year, according to the National Highway Safety Administration (NHTSA). Contract Logix Named Momentum Leader on G2s Spring 2022 Grid , A first violation would result in a $100 fine and/or 16 hours of community service. In 2007, Washington banned texting. You can also get help from an experienced auto accident attorney by visiting our contact page or you can use the chat feature on our website. Michigan's New Distracted Driving Law Proposal There are a number of different types of distractions. A few examples of what you cannot do behind the wheel: You also cannot reach for your phone in a way that takes you out of your seated driving position. No attorney-client relationship is formed nor should any such relationship be As I told theDetroit Free Presswhen they interviewed me about the potential impact of remote texter liability on businesses: If you text your employees while theyre behind the wheel [and theyre likely to read and reply to your text messages], you could be sued on the theory of remote texter liability if the employee whom youre texting gets in a car crash and injures or kills someone else.. There are 32 states including Michigan that ban drivers from using a hand-held cell phone while theyre driving. Each crash caused by cellphone use represents an avoidable loss of time, resources, and potentially life. Request your free consultation today. Twenty-one of those crashes were fatal. This driving behavior has always been a problem and has existed for as long as people have been driving. 43 people were killed in those crashes and 5,103 people injured. BIG LOOPHOLE When drivers use their cell phone or mobile electronic device in. Here are some simple things you can do to prevent distraction and keep yourself and other drivers safe: For those who require a little direction but lack built-in GPS, here are some handy solutions to help you drive hands-free. Text messaging made the risk of crash or near-crash event 23.2 times as high as non-distracted driving, according to a 2009 study from the Virginia Tech Transportation Institute. A texting driver who is not a truck driver or a school bus driver will incur no points on his or her drivers license. But in 2021, newly enacted cell phone restriction laws will go into effect in Arizona. Michigan's new distracted driving law is now in effect.