Michigan Distracted Driving Accident Lawyer

A Michigan distracted driving accident lawyer can help if you were injured in a car accident by a distracted motorist.  Distracted driving is negligent driving.

When another driver is careless, reckless, or malicious on the road and causes a crash, you should not have to cover your required medical treatment, property damage, lost wages, and other associated costs alone.

However, the legal path to pursue compensation is often complex. A skilled motor vehicle accident attorney could help by listening to your and building a claim for compensation.

• Michigan Distracted Driving Car Accident Statistics?
• Can I Sue a Distracted Driver for a Car Accident?
• Competitive Fault for a Crash
• Contact a Michigan Distracted Driving Car Accident Lawyer

What is Distracted Driving?

The term “distracted driving” refers to the activity of a vehicle driver while operating a motor vehicle. It is when the driver is engaged in activity that is a distraction from the primary task of driving. It also puts the driver at an increased risk for an auto accident.

In Michigan, the most common types of distracted driving are texting, talking to passengers or on the phone, adjusting vehicle controls, eating or drinking, and using GPS.

Going further, there are four types of driver distractions, including:

• Visual distractions: Looking away from the roadway. Examples are looking at a cell phone, searching for an item that fell on the car floor, looking away to talk with another passenger, and reading directions on a GPS.
• Auditory distractions: Hearing something not related to driving. An example would be listening to the car radio at a high volume.
• Manual distractions: Using the hands for something other than driving the vehicle. This includes texting while driving, playing with dashboard instruments, personal grooming, and eating while driving.
• Cognitive distractions: Thinking about something other than driving. Simply, not paying attention to the task of driving.

Each type of distraction is a danger to the driver, passengers, and other drivers. Motorcyclists, bicyclists, and pedestrians are also at risk of injury.

Does Michigan have a Texting while Driving Law?

Yes, Michigan does have a specific statute that applies to distracted driving and texting. MCLA 257.602b prohibits drivers from reading, manually typing, or sending a text message while driving. This includes operating a motor vehicle on any street or highway in the state. The law makes texting and driving illegal. You cannot hold or support a phone or other device with any part of your hands, arms or shoulders according to the law.

The police can pull over a texting driver even if no other driving offense was being committed. The driver can be issued a ticket for violating the statute for touching or holding their cell phone.

When a texting driver is involved in a car accident, the penalties are more severe. Punishments can involve a fine and up to 4 points on the driving record. If the crash caused an injury or death, jail time can be imposed by the court.

Michigan Distracted Driving Car Accident Statistics

Each day in the U.S., approximately 9 people are killed in crashes that are reported to involve a distracted driver, according to the CDC.

The line chart below shows the number of people injured in distracted driving crashes from 2018-2022 in the United States, reported by the National Highway Traffic Safety Administration (NHTSA). Comparing the change of accidents from year to year, the number of injured people in distraction-related car accidents has remained relatively constant, with a slight decrease in injuries.

• 2018: 400,303
• 2019: 423,847
• 2020: 324,663
• 2021: 362,405
• 2022: 289,310

The pie chart below shows the distribution of fatality types for accidents that involve distracted drivers in the U.S. in 2022. A majority of distracted driving accidents are most harmful to the drivers of the vehicles. Nonoccupants of the motor vehicle are responsible for approximately 20% of all fatalities from distracted drivers.

• Driver: 61%
• Passenger: 21%
• Pedestrian: 15%
• Pedalcyclist: 3%
• Other: 1%

Can I Sue a Distracted Driver for a Car Accident?

Yes, you can sue a distracted driver for your injuries after a car accident in Michigan.

First, an injured individual can pursue compensation through the state’s no-fault insurance coverage. This might cover lost wages, medical expenses, attendant care, and other benefits. However, depending on the severity of a person’s injuries, this coverage might not be enough to fully compensate someone for their losses.

Second, the injury victim can sue the distracted driver in a third-party negligence case. These cases demand settlements for pain and suffering, mental anguish, and other non-financial type losses. The case can be filed against the negligent driver and the owner of the automobile.

Our experienced distracted driving attorneys will assess the facts of your accident. If you have a case, we will file a lawsuit for you.

How do you Prove Fault in a Distracted Driving Accident Case?

Every driver has an obligation to drive safely and reasonably. Therefore, when a driver neglects this duty and causes a car accident, anyone injured has a legal right to pursue compensation.

Unfortunately, distractions are some of the most common reasons for crashes throughout the state. Whether a driver is messing with the radio, texting or on the phone, talking to passengers, or eating, there are numerous possibilities for a driver to become distracted.

There are several ways to prove a driver was distracted, and this caused the accident. First, a driver hit by the other vehicle often sees the negligent driver not paying attention at the time of the crash. Passengers in both vehicles can provide testimony about the distraction.

Second, our lawyers will subpoena the cell phone bill of the at-fault driver. We identify the date and time of the accident and compare it to the phone bill. Quite often, we find the driver was on the phone or texting at the time of the crash. This is great evidence to prove the driver was distracted.

A Michigan distracted driving car accident lawyer at our firm will fully determine fault for a claim.

Comparative Fault for a Crash

Sometimes, a defendant will allege that the injured claimant also carries responsibility for a car crash. The state follows a comparative fault statute which, essentially, uses each party’s percentage of fault to determine the amount of damages they could recover. We vigorously defend our clients in these situations to prove they had no fault for the crash.

Contact our Michigan Distracted Driving Car Accident Lawyers

If you or a loved one was injured due to a distracted driver, call our law firm today.

There are strict time deadlines for filing Michigan car accident lawsuits. We will help you file your no-fault insurance claims and pursue compensation from the negligent driver.

Call Buckfire Law now to get your case filed on time! There are no legal fees unless you get your settlement.

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
 Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: June, 2025