Distracted driving continues to be one of the leading causes of serious car crashes in Michigan and across the United States. According to the Michigan State Police, distracted-driving crashes totaled 14,439 in 2024, resulting in 65 fatalities, a 10 percent increase over the prior year. If you believe you were hit by a distracted driver, understanding how to protect yourself and build your case is essential.
Michigan’s Hands-Free Law: What You Should Know
In 2023, Michigan enacted a comprehensive hands-free driving law under MCL 257.602b, prohibiting drivers from holding or using a mobile device while operating a vehicle. Violations carry fines starting at $100 for a first offense and escalating to $250 for repeat offenders. Drivers with a Level 1 or Level 2 graduated license (Kelsey’s Law) face even stricter restrictions and may not use a cell phone at all while driving.
The law has had a measurable impact: Michigan leads peer states in reducing distracted driving, recording an 18.7% reduction since the hands-free law took effect, and a 29% drop in just the last three months of 2024 alone, according to Cambridge Mobile Telematics.
Despite progress, distracted driving remains extremely dangerous. Even a brief two-second glance at a phone screen at highway speeds means traveling the length of a football field while effectively blind.
How to Recognize Signs of Distracted Driving
Proving distracted driving is rarely straightforward, the burden of proof falls on the injured party. But there are red flags to look for before, during, and after the crash:
- You saw the glow of a phone screen on the driver’s face before impact
- The other driver made no attempt to brake, no skid marks at the scene
- The driver drifted across lane lines or ran a red light or stop sign
- The driver admitted to being on their phone, eating, or otherwise distracted
- Time-stamped social media posts, calls, or texts from around the time of the crash
If you noticed any of these signs, report them to the responding police officer right away. What you saw, even if it feels like a small detail, will be documented in the police report and can later be strengthened by accident investigation findings.
What Evidence Can Support a Distracted Driving Claim?
In addition to your personal observations, investigators may be able to gather the following types of evidence in a distracted driving case:
- Traffic or nearby surveillance camera footage capturing the moments before the crash
- Cellphone records and carrier data showing calls, texts, or app activity at the time of the crash (even deleted data can often be recovered with legal process)
- Eyewitness statements from other drivers, pedestrians, or passengers who saw the driver’s behavior
- Accident reconstruction evidence, including the absence of skid marks, the angle and location of impact, and the final resting position of both vehicles
- Admissions of fault, which distracted drivers make more often than you might expect
An experienced attorney will know how to obtain and preserve this evidence, including through subpoenas for phone records, before it is lost or overwritten.
Your Legal Options After a Distracted Driving Crash
As a Michigan driver, your no-fault PIP benefits will cover your medical expenses and 85% of your lost wages (up to $7,201 per month for October 2025–September 2026) regardless of fault. If a distracted driver caused your crash and your injuries meet Michigan’s serious impairment threshold, you may also have grounds for a third-party lawsuit seeking pain and suffering compensation and any excess economic losses beyond your PIP coverage.
To succeed in a third-party claim, your attorney must establish that the at-fault driver owed you a duty of care, breached it through distracted driving, and that the breach directly caused your injuries and losses. Michigan’s modified comparative fault rule also applies, if you are found to be 51% or more at fault for the crash, you cannot recover additional compensation beyond your no-fault benefits.
Injured by a distracted driver? Call Jay Trucks & Associates 24/7 for a free, no-obligation case review. No upfront fees, we only get paid if you do.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Laws and benefit caps are subject to change. Please consult a licensed Michigan attorney for guidance specific to your situation.
