distracted driving michigan mcldistracted driving michigan mcl

The Michigan texting and driving law is intended to stop people from texting while operating a motor vehicle. Texting drivers are 23 times more likely to be involved in a crash and drivers dialing a hand-held cell phone are 12 times more likely to crash. If you would like more information about advertising with 13 ON YOUR SIDE, please contact Jeff Olsen at jolsen@wzzm13.com. Additionally, I have litigated and worked with plaintiff personal injury lawyers on catastrophic injury truck accident cases around the country where we have proved fatigued driving and serious violations of the hours of service through cell phone downloads that show not only texting, but also playing games and apps, and even streaming movies while driving these big rig trucks around the country. 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. (MCL 257.602b(1), (12)(a) and (13)). There were 14,326 crashes in Michigan in 2020 where the drivers attention was being diverted from driving. Sterling Heights, MI 48314, 122 S. Main Street, Suite 220 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. (MCL 257.602b(9)). How Much Is Your Michigan Auto Accident Case Worth? 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. ContactArpan Lobo: alobo@freepress.com. Penalties are still pretty low and lenient considering the crash risk involved with distracted driving. 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. According to Business Insider, young people account for the most U.S. car accidents. Thats why arguably THE most important thing you can do behind the wheel is keep your hands at 10 and 2 and your eyes on the road. In the past decade, the number of Americans struck and killed while walking increased by 45 percent, and Michigan is the 19th highest state for pedestrian fatalities per capita. Can you send/receive texts at a red light? If the driver is traveling at 55 mph, then he or she will have driven while effectively blindfolded the entire length of a football field from end zone to end zone during those 4.6 seconds. For a first offense, motorists are fined $100. The science shows that texting drivers are 23 times more likely to be involved in a car crash, and drunk drivers are 4 to 23 times more likely. April is Distracted Driving Awareness Month, an opportunity to draw attention to the dangers that clearly exist when we drive while using the cell phone. Satisfaction guarantee if we dont win, you dont pay. Sending, receiving, or reading a text message. This new law although states it doesn't it also provides another path for the police to get into your vehicle. The penalties for distracted driving are still woefully inadequate compared to the penalties for drunk driving, considering that both involve similarly high crash risks. This is not intended to substitute for the advice of an attorney. Similarly, crashes caused by distractions from hand held devices that allow texting, typing and dialing (whether hand-held or hands-free) dropped 12.5% from 5,281 in 2017 to 4,621 in 2021. Remote texter liability is something that everyone should take seriously, but it should become a top priority for businesses that regularly communicate via text with delivery drivers and employees who drive as part of their job. The hands-free exception allows drivers to use their phone or mobile electronic device while driving so long as the phone or device is: (1) being used in hands-free or voice-operated mode; or (2) is placed in a mount. (MCL 257.602b(3)(d) and (f)), Unfortunately, because of the way the Michigan laws are written, it appears drivers are not prohibited from using their phones or devices to watch videos or go on social media while theyre driving so long as the devices are in hands-free or voice-operated mode or are placed in a mount.. It strengthens Michigan's current ban on texting and driving to encompass essentially all phone usage while behind the wheel. (HB 4250), Fine for second or subsequent violation increases from $200 to $250, but distracted driver could also get 24 hours of community service. If you have suffered a personal injury in a distracted driving car accident and you would like to speak with an experienced injury attorney, call toll free anytime 24/7 at (248) 353-7575 for a free consultation with one of our car accident attorneys. (MCL 257.602c(1)) NOTE: The cellphone ban does not apply if a teen driver is using a voice-operated system that is integrated into the motor vehicle. Insurance companies always try to settle auto accident claims as quickly and cheaply as possible. Reach out to Michigan Auto Law for a free consultation and sound legal advice. Always. These bills represent a major step forward. Penalties for violating the new distracted driving law would start off with a $100 civil fine for first-time offenders and/or 16 hours of community service, followed by $250 fines for each subsequent violation, and/or 24 hours of community service. Follow her on Twitter @clarajanehen. . Distracted driving includes inattentive driving. Cupholder mounts work well for kids and other passengers, are easy to set up and are adjustable and versatile. It is caused by the trauma. Mission Statement of the Michigan State Police. 43 people were killed in those crashes and 5,103 people injured. 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. Texting and distracted driving are now the biggest single cause for most of the automobile accident cases that I handle. Accessing, reading, or posting to a social networking site. 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. Distracted driving accounts for about 25% of all fatal crashes in Michigan, says sponsoring Rep. Matt Koleszar, D-Plymouth. 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. Or talk to an agent now at (855) 372-0071. Texting is the most alarming distraction. IT'S THE LAW. Example video title will go here for this video. 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. Now, the new law extends the hand-held phone/device prohibition to apply to: (1) Sending or receiving a telephone call; (2) Viewing, recording, or transmitting a video; and (3) Accessing, reading, or posting to a social networking site. (MCL 257.602b(13). I recommended him to all my friends and neighbors.. Satisfaction guarantee if we dont win, you dont pay. What Happens When Someone Dies In A Car Accident? Give Light and the People Will Find Their Own Way. Drivers who dont adhere to the law can face fines and/or community service requirements. However, the penalty for this driving behavior becomes drastically more severe if it results in someone being killed or injured or property being damaged: Specifically, the law provides the following penalties depending on the type of crash: A teen driver with a Level 1 or Level 2 graduated licensing status who texts while driving or uses a cell phone while driving could have his or her driving restrictions under the graduated licensing system extended. New Distracted Driver's Legislation ____________________________________________________________________________________________ 2023 PA 41 amended MCL 257.602b to specify that "an individual shall not hold or use a mobile electronic device while operating a motor vehicle." 43 people were killed in those crashes and 5,103 people injured. The distracted driving law in Michigan makes it illegal for drivers to use a hand-held cell phone or mobile electronic device to text, talk on the phone, watch videos or go on social media while driving. Unfortunately, these penalties are unjustifiably lenient and wildly disproportionate to the very real dangers posed by texting drivers to everyone else on our roads. Learn what you can and cannot do behind the wheel. In 2017, those numbers increased sharply: 20,115 distracted driving crashes, with 72 people killed in those crashes and 7,652 people injured. D.C., Puerto Rico, Guam, the Northern Mariana Islands and the U.S. Virgin Islands ban both texting and driving and cell phone use. 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)). Find out what your case is really worth. Resources for Law Enforcement Agencies: The Michigan texting and driving laws do not addressremote texter liability, which is the legal concept that if you text a person whom you know is driving and will likely answer your text even if driving, then you may be held legally liable if the person causes a crash resulting in injury or death. Sample Social Media Posts-April 2023 http://publications.michigantrafficcrashfacts.org/2018/Crash.pdf, https://www.michigan.gov/documents/msp/Distracted_Driving_Fact_Sheet_552283_7.pdf, http://www.legislature.mi.gov/(S(u0cdq02dhgzgdsga5cpye3tm))/mileg.aspx?page=GetObject&objectname=mcl-257-602b, https://www.michigan.gov/documents/msp/Distracted_Driving_Action_Plan_2018_644051_7.pdf. House Bill 4252, introduced by state Rep. Mike Mueller, R-Linden, requires the Michigan State Police to prepare a report on the new law 42 months after it becomes effective. (MCL 257.602b(13), A $100 fine for a 1st violation and/or 16 hours of community service. Highlights and raises awareness about the many types of dangerous driving distractions, i.e., texting, talking on the phone, watching videos, going on social media. Michigan's new distracted driving law goes into effect June 30: Here's Each of us can share stories of lives lost or permanently altered by a traffic crash. Distracted Driving - League of Michigan Bicyclists - LMB Newlawis good because it will help get peoples hands off their phones and electronic devices and back on the steering wheel where they belong. The underlying science about the dangers of distracted driving is both clear and unrefuted: Teen drivers with a Level 1 or Level 2 graduated license are prohibited from talking on a cell phone while driving regardless of whether theyre using their phone in hands-free or voice-operated mode or whether the cell phone is placed in a mount. I also found very useful information about the new auto law. Initially, the bills did not have sufficient votes to pass the House, but the bills were amended to soften penalties for repeatedly violating the distracted driving law, and later passed with bipartisan support. All rights reserved. Use your phone's Do Not Disturb feature or an app to silence calls and texts. Grand Rapids, MI 49503, 615 Griswold St, Suite 402 including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state. (MCL 257.602b(1) and (2)). Information on carrying concealed pistols, permits, renewal, frequently asked questions, pistol free areas, pistol safety training course information, and more. I was able to make contact with one of the agents. Steve has spoken at national webinars on the subject of distracted driving evidence and discovery. your attention away from the task of safe driving.. In response to her familys tragedy, Kelseys mother Bonnie Raffaele almost single-handedly worked to obtain the passage of the Michigan distracted driving law designed for teen drivers known as Kelseys Law in 2013. As a result, you cannot manually do any of the following on a cell phone or other electronic device while driving. Traffic Laws FAQs - State of Michigan (MCL 257.602b(6)(a) and (b); 257.907(2)(h)) An infraction results in no points on a persons driving record (so long as he or she is not driving a commercial vehicle or a school bus). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 44444 Mound Road, Suite 100 There are a number of different types of distractions. LMB supports laws that would make it illegal to hold or use a phone while operating a vehicle, except in an emergency. Everything went well with my experience with Trusted Choice. Here are the penalties for drunk driving: (1) Up to 360 hours of community service. Request your free consultation today. Michigan Legislature - Section 257.626b Using their phone while driving: Over 1 in 10 fatals included people under the age of 20, who died after being distracted by their phone. Find out what your case is really worth. They may slip easier than clamp mounts, which tighten their arms to best fir your phone, but are more compact and allow for easier phone accessibility. Driving in Georgia: Georgia's Distracted Driving Laws. Steven Gursten is the current President of the American Association for Justice Distracted Driving Litigation Group. Texting while driving is banned for all drivers in 48 states, but only 24 states prohibit hand-held cell phone use by all drivers. (HB 4251), 2 points for third or subsequent violation of MCL 257.602b. Past results are no guarantee of future results. Gretchen Whitmer signed new legislation earlier this month. But points do get added if you cause an accident or commit a moving violation while distracted. In response, the "distracted driving" statute was passed to penalize the use of text messaging while operating a vehicle. A texting driver who causes the death of another person is guilty of a misdemeanor and could be sent to jail for a year and/or ordered to pay a fine of $2,000. You dont have to follow the local news every night to know that distracted driving is a problem, but here are a few statistics that might help you understand just how serious it is in Michigan: Michigan lawmakers are also currently working on passing a bill that would prohibit the use of handheld cell phones statewide, but as of the time of this writing, it's still in the early stages. Plus, the science shows that texting drivers can be more dangerous and a bigger threat to people on the road than drunk drivers. Sterling Heights, MI 48314, 122 S. Main Street, Suite 220 We offer these FAQs to help you and your family stay safe. (MCL 257.602c(1)) This is known as Kelseys Law. Michigan's New Distracted Driving Law Proposal Steve has spoken at national webinars on the subject of distracted driving evidence and discovery. Marie, who tragically died in a cell phone-related automobile crash in 2010. In response to her familys tragedy, Kelseys mother Bonnie Raffaele almost single-handedly worked to obtain the passage of the Michigan distracted driving law designed for teen drivers known as Kelseys Law in 2013. Distracted driving is any activity that takes your focus off the primary task of driving, and Michigan warns drivers of three types of distractions: Every type of distraction increases your risk of committing a moving violation or causing an accident. Request your free consultation today. They were approved by the Governor on June 7, 2023. Our firm includes many of the most accomplished and respected attorneys in the state. (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. Pull over to a safe location and park your vehicle if you need to make or take a call. 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. 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. (MCL 257.625(9)(e); 257.904d(1)(a)); (5) 6 points on your driving record. Plane crashes onto Hardy Pond in Newaygo Co. 13 On Your Side Forecast: Rain, Some Thunder, Saturday! implied. I also speak regularly to lawyers at legal seminars and to high school students and parents throughout Michigan about the dangers of distracted driving. Reach out to Michigan Auto Law for a free consultation and sound legal advice. 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. Very professional and prompt! prohibiting the use of a cellphone while driving. Exceptions to Michigans distracted driving laws apply when the driver is using a mobile communication device for the purpose of: Distracted driving comes in many forms, and eating a cheeseburger can be just as distracting as talking on a cell phone. Can a texting driver be sued for causing a crash after violating the Michigan texting and driving laws? Michigans distracted driving laws make it illegal to use a hand-held cell phone or mobile electronic device to text, talk on the phone, watch videos or go on social media while youre driving. There's no law that says you can't eat while driving in this state. A licensed attorney responsible for the content of this site can be reached at. Many drivers are wondering what they can and cant do now on the road. Under the new law, you can't hold your phone while driving to call, text, record or scroll . Information about the History of the Michigan State Police. implied. Distracted driving laws vary by state, and when you cross that state line you are required to follow their laws. The penalties for violation of Michigans distracted driving laws may include: (1) a fine of $100 to $250; (2) 16 to 24 hours of community service; (3) repeat offenders get points on the driving records of repeat offenders; and (4) driving school for 3 or more distracted-driving violations in a 3-year period. Avoid a lot of interaction with passengers. Subsequent offenses cost $200. Twenty-one of those crashes were fatal. Cell phone usage is associated with 10% of Michigan's distracted driving crashes. You can use a cell phone to call or text 911 to report an emergency or seek help. 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. 1. Distracted driving is so dangerous because it takes drivers attention and eyes away from driving and effectively blinds them to what is happening on the road. According to data gathered by the University of Michigan Transportation Research Institute (UMTRI), there were 12,788 distracted driving crashes in Michigan in 2016. 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. Do not drive when you are angry or upset. Michigan's new distracted driving law goes into effect on Friday. 4. Gretchen Whitmer on Wednesday. New technology in vehicles is causing us to become more distracted behind the wheel than ever before. These laws are new to Michigan. Now, the new law extends the hand-held phone/device prohibition to apply to: (1) Sending or receiving a telephone call; (2) Viewing, recording, or transmitting a video; and (3) Accessing, reading, or posting to a social networking site. (MCL 257.602b(13). LANSING, Mich. Attention drivers! Grand Rapids, MI 49503, 615 Griswold St, Suite 402 Gretchen Whitmer signed new legislation earlier this month. Our firm has four conveniently located offices and our attorneys will even drive to you. Tragically, fatal crashes. Are you sure the insurance company is making you a fair offer? Follow him on Twitter @arpanlobo. Information relating to fire investigations including field office locations, arson tip line ,fire investigation services and fire fighter training information. According to the Centers for Disease Control and Prevention, checking a text while driving just 55 mph is "like driving the length of a football field with your eyes closed." No matter where you live in Michigan, our lawyers are accessible. You can use hands-free technology such as Bluetooth or integrated systems within the vehicle as long as you do not manually use the system. A licensed attorney responsible for the content of this site can be reached at, Kelseys Law Distracted Driving Scholarship. A text message or a cell phone call may cause a drivers attention to be diverted from driving and, thus, fail to use reasonable care behind the wheel. The Michigan texting and driving laws do not specifically address texting that drivers engage in through the use of a hands-free device, a voice-operated system thats integrated into a persons car or truck or a device that is otherwise affixed or mounted or installed within a persons vehicle. If a driver violates the Michigan texting and driving laws and causes a car accident resulting in injury or wrongful death, then that the person who was operating the vehicle while texting can be sued for causing a car accident. Steven Gursten is the current President of the American Association for Justice Distracted Driving Litigation Group. Steve was named a JD Supra 2018 and 2019 Readers' Choice Award winner - Top Author in the Insurance category. To contact an attorney at Michigan Auto Law, visit www.michiganautolaw.com or call 833-411-MICH. Make it easy to keep up to date with more stories like this. (MCL 257.602b (1), (12) (a) and (13)) But it is not illegal if the phone or device is used in hands-free or voice operated mode or placed in a mount. (MCL 257.320a(1)(l)), Blog vs YouTube Over Other Websites: How to Choose, Behind the Story of Ghostbed vs. Purple Mattress Lawsuit, Investigation Reveals Goodyears Dunlop D402 Tires Have Caused Dozens of Motorcycle Accidents, Settlement Agreement Could Help Keep Mentally Ill Out of Washington Jails. Michigan Traffic Fatalities 2023: Statistics, Laws & Prevention, Miscarriage After Car Accident: What You Need To Know. Notifications can be turned off anytime in the browser settings. Distracted driving was a factor in 9% of all fatal crashes in the U.S. in 2019. Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol or a portable device that uses electro-muscular disruption technology on the following premises: Please refer to MCL 28.425o for the complete statutory text. Information on Aviation, Field Support, & Operations. Fifty-three percent of drivers believe if manufacturers put "infotainment" dashboards and hands-free technology in vehicles, they must be safe. They come with adhesive or suction bases, and depending on the surface you're dealing with, one option may work better than the other. "That isn't just a statistic, but it represents real lives lost . Air vent mounts work well for semi-eye-level visibility and easily clip onto your air vents, allowing for easy transport from vehicle to vehicle. Sending, receiving, or reading a text message. Many states ban the use of handheld devices while driving, and some don't. "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. The hands-free exception allows drivers to use their phone or mobile electronic device while driving so long as the phone or device is: (1) being used in hands-free or voice-operated mode; or (2) is placed in a mount. (MCL 257.602b(3)(d) and (f)), Unfortunately, because of the way the Michigan laws are written, it appears drivers are not prohibited from using their phones or devices to watch videos or go on social media while theyre driving so long as the devices are in hands-free or voice-operated mode or are placed in a mount.. Steve has spoken at national lectures, seminars, conferences and webinars on this subject and how attorneys can find evidence and discovery. Steven Gursten has been selected a Michigan Lawyer of the Year and has been voted consistently among the top 50 attorneys in Michigan (out of over 65,000 lawyers) by Super Lawyers. Each crash caused by cellphone use represents an avoidable loss of time, resources, and potentially life. (WXYZ) Put down that phone. There has been a sharp increase over the last several years in distracted driving and in people texting while driving. Insurance companies always try to settle auto accident claims as cheaply as possible. Youre really better off just waiting until you arrive at your destination. AMBER Alert, Michigan Blue Alert, Public Threat Alert, Vulnerable Adult Medical Alert. The new law also increases the penalties for distracted driving with fines up to $250, up to 24 hours of community service, and points on a persons driving record as well as driving school for drivers who repeatedly drive while distracted. Become a subscriber today. It is a widespread danger that is unfortunately getting worse every year. 300-1949-VI-DRIVING-ON-RIGHT-SIDE-OF-ROADWAYOVERTAKING-AND-PASSING-ETC. All rights reserved. (MCL 257.320a(2)) There is no drivers license suspension (MCL 257.319) no jail time, and no community service. June 23, 2023 by Steven M. Gursten. BIG LOOPHOLE When drivers use their cell phone or mobile electronic device in. 3. To address this crisis, we need a law that is broad enough to capture current and future technology, includes an easy mechanism to trigger enforcement, and has enough teeth to act as a deterrent. No matter where you live in Michigan, our lawyers are accessible. Ann Arbor, MI 48104, 212 Cesar E Chavez Ave SW Suite 105 Friday marks a major change in Michigan's distracted driving law, expanding from just banning texting on your phone to banning holding the phone itself. The AAA-Foundation for Traffic Safety has found that: (1) drivers overall crash risk nearly doubled when they were engaging in all forms of visual-manual mobile phone tasks; and (2) visual-manual mobile phone interaction while driving makes drivers three times more likely to be involved in a road departure crash and more than seven times more likely to cause a rear-end collision. Michigan's new distracted driving law goes into effect today - FOX 17 You cannot hold or manually use a cell phone or other mobile electronic device at any time while operating a vehicle. 2007-2023 Michigan Auto Law. The fines themselves are definitely not worth it, let alone the more serious consequences to you and others on the road. 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. (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? Developing effective public education initiatives, Implementing low-cost roadway countermeasures, such as rumble strips, Improving data collection on driver distractions involved in crashes, Monitoring the effectiveness of countermeasures adopted by other states. (MCL 257.625(9)(a)(ii)); (3) Up to $500 in fines. (MCL 257.602b(6)(a) and (b)) What is the penalty for distracted driving?