Distracted Driving Accidents

Michigan Distracted Driving Accident Lawyer Helping You Along the Road to Recovery

You were doing everything right. Eyes on the road, hands at ten and two, following the speed limit down US-131 or I-75. Then a driver who was looking at a phone instead of the road drifted into your lane, or didn’t notice you’d stopped at the light, or blew through an intersection. Now you’re dealing with an ER visit, a totaled car, and an insurance company that wants to know why you didn’t “see it coming.”

Distracted driving is one of the leading causes of preventable crashes in Michigan, and Michigan State Police crash data has consistently shown distraction-related crashes growing alongside smartphone adoption. The good news is that Michigan’s hands-free law, which took effect on June 30, 2023, gave injured victims a much stronger legal framework for holding distracted drivers accountable. The law doesn’t just ban texting anymore. It bans holding a phone at all.

At Neumann Law Group, we represent people injured by distracted drivers across Michigan, from our offices in Traverse City, Grand Rapids, and Detroit. This page explains how Michigan’s current distracted driving law works, how to prove the other driver was distracted, and what compensation you can recover under the state’s no-fault system.

What counts as distracted driving under Michigan law?

Michigan’s hands-free law—MCL 257.602b, effective June 30, 2023—is much broader than the old texting ban it replaced. Under the current statute, a driver cannot hold or manually use a mobile electronic device while operating a motor vehicle. That includes sending or receiving calls, reading or writing text messages, viewing or recording video, scrolling social media, and entering addresses into a GPS app. The device can be supported by a dashboard mount or connected through the vehicle’s built-in controls, but a driver cannot hold it in their hand, rest it on their shoulder, or prop it between their arm and the steering wheel.

Distracted driving isn’t limited to phones, though. Michigan courts recognize three categories of distraction: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving). A driver who’s eating a drive-thru burger, arguing with a passenger, reading a map, adjusting the radio, or disciplining a child in the backseat can be just as negligent as one who’s texting—even if no statute specifically prohibits the behavior.

The distinction matters for your case. When a distracted driver violates MCL 257.602b, that violation is evidence of negligence per se under Michigan law—meaning the violation itself helps establish the driver breached their duty of care. For other forms of distraction, you and your attorney will need to prove the driver failed to exercise reasonable care under the circumstances. Both paths lead to the same place: a finding that the driver was at fault for causing your injuries.

How does Kelsey’s Law apply to teen drivers?

Michigan has an additional, stricter law for drivers with Level 1 or Level 2 graduated licenses. Known as Kelsey’s Law (MCL 257.602c), it was enacted after 17-year-old Kelsey Raffaele was killed in a distracted driving crash in Sault Ste. Marie. Under Kelsey’s Law, teen drivers with Level 1 or Level 2 graduated licenses cannot use a cell phone at all while driving—even in hands-free mode, even mounted. The narrow exceptions are calls to report a traffic accident or medical emergency, calls reporting an immediate personal safety risk, or calls reporting a criminal act.

If a teen driver on a graduated license caused your accident, a Kelsey’s Law violation strengthens the liability portion of your claim considerably. It also typically means the at-fault driver is covered under a parent’s auto insurance policy, which may have higher coverage limits than a policy issued to an independent adult driver. Our attorneys investigate graduated license status as part of the initial case workup in any crash involving a young driver.

How do you prove the other driver was distracted?

This is where a lot of distracted driving cases are won or lost. A driver who rear-ends you isn’t going to volunteer that they were scrolling Instagram when it happened. The insurance adjuster isn’t going to ask. Unless you or your attorney develops the evidence, the crash often gets written up as an unexplained rear-end collision—which limits your leverage in settlement negotiations.

Effective distraction evidence usually comes from several sources. The police report is the first stop. A responding officer may note statements the other driver made at the scene, observations about where the driver’s phone was located in the vehicle, or admissions from passengers. Witness statements matter too—someone behind the at-fault driver may have seen them looking down for an extended period before the crash. In serious injury cases, we often subpoena the at-fault driver’s cell phone records to show call and text activity at the time of the accident. Modern vehicles also record data through event data recorders (“black boxes”) that can show throttle and brake inputs in the seconds before impact. A driver who didn’t brake at all before a rear-end collision was almost certainly not watching the road.

If the at-fault driver was ticketed under MCL 257.602b or MCL 257.602c, that citation becomes significant evidence in your civil case. A conviction is generally admissible to establish the underlying conduct, and even a civil infraction citation carries weight with insurance adjusters who know that evidence will come into a trial if the case doesn’t settle.

What can you recover after a distracted driving accident in Michigan?

Because Michigan is a no-fault state, the compensation picture after a distracted driving crash has two tracks running at the same time. Understanding both is essential to making informed decisions about your claim.

First-party no-fault (PIP) benefits

Under Michigan’s no-fault system (MCL 500.3101 through 500.3179), your own auto insurance pays your accident-related medical expenses, a portion of your lost wages for up to three years, and replacement services for household tasks you can’t perform—regardless of who caused the crash. These are called Personal Injury Protection benefits, or PIP. The 2019 no-fault reform allowed Michigan drivers to choose among several PIP coverage tiers, from unlimited down to an opt-out for Medicare-eligible drivers, so the amount of medical coverage available to you depends on the policy you purchased.

The trap with PIP benefits is the filing deadline. Under MCL 500.3145, you have one year from the date of the accident to apply for PIP benefits. Miss that deadline and the insurance company can deny your claim outright, even if your injuries are real and ongoing. This is completely separate from the three-year deadline to file a lawsuit against the at-fault driver.

Third-party tort claims against the distracted driver

If your injuries meet the serious impairment of body function threshold under MCL 500.3135, you can also file a lawsuit against the at-fault driver for damages that no-fault doesn’t cover—pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. The threshold requires an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. Serious injuries from distracted driving crashes—traumatic brain injuries, spinal injuries, fractures requiring surgery, permanent scarring—typically satisfy this standard, though every case is fact-specific.

You can also recover up to $3,000 in vehicle damage directly from the at-fault driver under Michigan’s mini tort provision (MCL 500.3135(3)(e)), which applies to the portion of your vehicle repair costs not covered by collision insurance.

What if I was partially at fault?

Maybe the other driver was texting, but you were going a few miles over the limit. Michigan follows modified comparative fault under MCL 600.2959, which means your damages are reduced by your percentage of fault—but only if you were 50% or less responsible. Cross the 51% line and you’re barred from recovering pain and suffering damages, though you can still recover economic damages.

In practice, this means a jury might find the texting driver 80% at fault and you 20% at fault for speeding. If your damages total $500,000, you’d recover $400,000 after the 20% reduction. Insurance companies know this rule and use it aggressively—they’ll often argue for a much higher percentage of fault on your side than the evidence supports. Pushing back on inflated comparative fault allegations is one of the most important things a Michigan distracted driving accident lawyer does during settlement negotiations.

How long do I have to file a claim?

Two different deadlines run simultaneously after a distracted driving accident, and missing either one can cost you your case.

The one-year PIP deadline under MCL 500.3145 governs your claim against your own no-fault insurer for medical bills, wage loss, and replacement services. This deadline runs from the date of the accident for most benefits, though certain categories have slightly different rules.

The three-year statute of limitations under MCL 600.5805 governs your lawsuit against the at-fault driver for pain and suffering and other tort damages. For fatal distracted driving crashes, the three-year clock also applies to wrongful death claims under MCL 600.2922, though the filing authority runs through the personal representative of the estate rather than individual family members.

Don’t wait until the deadline approaches. Evidence disappears. Cell phone records get overwritten. Witnesses forget details. The sooner you get an attorney involved, the better positioned you’ll be.

Talk to a Michigan distracted driving accident lawyer today

If a distracted driver caused your injuries, you deserve a legal team that understands Michigan’s no-fault system, the new hands-free law, and how to build a case that withstands insurance company scrutiny. Neumann Law Group offers a free consultation at our offices in Traverse City, Grand Rapids, and Detroit—or by phone if that’s easier for you. Call (800) 525-6386 or reach out online. We’ll walk you through your options, explain the deadlines that apply to your case, and help you decide what to do next.

Frequently asked questions about Michigan distracted driving accidents

Q: Is it illegal to hold a phone while driving in Michigan? 

A: Yes. Under MCL 257.602b, effective June 30, 2023, drivers cannot hold or manually use a mobile electronic device while operating a vehicle—even at a red light. The phone must be in a mount or connected through the vehicle’s built-in controls. A violation is a primary offense, meaning police can stop you solely for holding a phone.

Q: Can I sue a distracted driver for pain and suffering in Michigan? 

A: Yes, if your injuries meet the serious impairment threshold under MCL 500.3135. This requires an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. Most serious injuries from distracted driving crashes—fractures, brain injuries, spinal injuries—satisfy this standard.

Q: How do I prove the other driver was texting? 

A: Common sources of evidence include the police report, witness statements, cell phone records obtained by subpoena, vehicle event data recorder information, and any citations issued at the scene. If the driver was ticketed under MCL 257.602b or Kelsey’s Law, that citation is strong evidence of liability.

Q: What’s the deadline to file a distracted driving claim in Michigan? 

A: Two deadlines apply. You have one year from the accident to apply for PIP benefits under MCL 500.3145, and three years to file a tort lawsuit against the at-fault driver under MCL 600.5805. Missing either deadline can permanently bar that portion of your claim.

Q: What if the distracted driver was a teenager? 

A: Michigan’s Kelsey’s Law (MCL 257.602c) prohibits teen drivers with Level 1 or Level 2 graduated licenses from using a cell phone at all while driving—even hands-free. A violation strengthens the liability portion of your claim and may expose a parent’s insurance policy, which often has higher coverage limits.

Q: Does it matter if the driver was distracted by something other than a phone? 

A: No. Eating, grooming, reading, arguing with passengers, and reaching for objects can all constitute negligent distracted driving. The difference is that non-phone distraction requires proving the driver failed to exercise reasonable care, rather than relying on the negligence per se effect of a statutory violation.