Logeman & Iafrate, P.C.

Distracted driving is a major cause of automobile accidents causing serious personal injury. According to the National Highway Traffic Safety Administration, distracted driving has caused more than 50% of crashes involving teen drivers and results in more than 1,000 injuries every day in the United States. It is important to talk to teenage drivers about driving distractions and safe driving habits. The most frequent driving distractions are as follows:

  • Cell phone use while driving
  • Changing the radio station on the car stereo
  • Driving with pets in the vehicle
  • Adjusting the air conditioning or heating temperature controls
  • Searching for items on the floor, passenger seat or back seat of the car
  • Applying or checking makeup
  • Eating or drinking while driving
  • Turning to look at a traffic accident or activity on the side of the road
  • Scrolling through email, social media accounts or other smartphone apps, including composing, sending, reading or browsing electronic data such as email, text messages or websites

How to Avoid Driving Distractions

  1. Turn off your cell phone and put it away
  2. Get a hands-free device to call in case of emergencies
  3. Make sure children and pets are secure
  4. Do not eat or drink while driving
  5. Program your GPS before you leave

Distracted Driving Laws in Michigan

Michigan law prohibits a driver from reading, manually typing, or sending a text message while driving. Driving is defined as operating a moving motor vehicle on a street or highway.

Penalties for Texting While Driving

  • $100 fine for first offense, $200 for subsequent offenses
  • No points are assessed on a driving record
  • Exceptions are in place for reporting crashes, crimes or other emergencies (See Michigan Compiled Law 257.602b)

The texting and driving law does not apply to hands-free cell phones and devices. The texting ban only applies to a phone that is located in the person's hand or in the lap.

Criminal Penalties for Causing Injury or Death

  • 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 (MCL 257.601d(1))
  • A texting driver who causes serious impairment of a body function to another person is guilty of a misdemeanor and could be sent to jail for up to 93 days and/or ordered to pay a fine of $500 (MCL 257.601d(2))

Personal Injury Lawsuits and Distracted Driving

If you have been injured in a car accident that was not your fault, you have every right to file a claim against the responsible party. Distracted driving clearly contributes to causing accidents, and sometimes causes serious injuries.

It is important to retain an attorney as soon as possible after an accident to preserve evidence that can be used to prove that the other driver was distracted by the use of electronic devices. Cell phone carriers vary on retention policies regarding storage of this information, so it is important to have an attorney attempt to obtain this information as soon as possible in legal proceedings.

If you're looking for an experienced personal injury attorney you can trust in Michigan, please contact us today or call (734) 994-0200 for a free consultation.

Frequently Asked Questions

Find answers to what matters most about your case and how we work.

What is considered distracted driving in Michigan?

Distracted driving includes any activity that diverts attention from driving, such as texting, using a cell phone, eating, adjusting the radio, applying makeup, or interacting with pets. Michigan law specifically prohibits reading, manually typing, or sending text messages while operating a moving vehicle.

What are the penalties for texting while driving in Michigan?

First-time offenders face a $100 fine, while subsequent offenses result in a $200 fine. No points are assessed on your driving record. However, if texting while driving causes death, the driver faces up to one year in jail and/or a $2,000 fine. Causing serious bodily injury can result in up to 93 days in jail and/or a $500 fine.

Can I use a hands-free device while driving in Michigan?

Yes, Michigan's texting ban does not apply to hands-free cell phones and devices. The law only prohibits phones located in the driver's hand or lap while the vehicle is in motion.

What should I do if I'm injured by a distracted driver?

Contact a personal injury attorney immediately to preserve critical evidence, such as cell phone records that prove the other driver was distracted. Cell phone carriers have varying retention policies, so quick action is essential. You have the right to file a claim against the responsible party for your injuries and damages.

How can I prove the other driver was distracted?

An experienced attorney can obtain cell phone records, witness statements, police reports, and other evidence to demonstrate the driver was using electronic devices at the time of the accident. This evidence is crucial for building a strong personal injury case.

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Logeman & Iafrate
Logeman & Iafrate, P.C.

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Adrienne D. Logeman

Adrienne D. Logeman

Partner

James A. Iafrate

James A. Iafrate

Partner

What Our Clients Say About Us

Cases won, lives changed, and we are happy to have helped each one of our clients.

If I could give them 100 stars I would!

"At the lowest point in my life they were there for me and got more than I expected. Mr. Logeman was amazing and Cheryl his assistant was so caring and professional. I would recommend them to anyone with a personal injury or accident. They went above and beyond for my son and I. I will forever be in their debt!"

GoogleVivian S.

They did wonderfully in winning our case!

"We were referred for a personal injury motorcycle accident. We had no idea even where to begin, but the caring and professional team reassured us and took off a lot of stress. They did wonderfully in winning our case, and were always great at communicating where the case was at and what was needed. I would highly recommend and if we were to ever need their services again, I wouldn't think twice about calling them up."

GoogleAshley B.

I could not have asked for better representation!

"Adrienne Logeman is an exceptional auto injury attorney. Adrienne put me at ease and explained every step of the process. She was composed, professional, polite and extremely competent. The jury returned a unanimous verdict in our favor. I could not have asked for better representation and care. I am very thankful for her. An incredible experience."

GoogleRobert A.

I truly believe you could not find a better firm to work with.

"Jim Iafrate and his staff are wonderful to work with, professional, compassionate, and do everything in their power when working on your case. I was always part of the process as communication was timely. Additionally, they know the law and will not be bullied by big insurance companies."

GoogleJoannie E.

Jim was always available when we needed him to answer questions!

"Jim handled our case resulting from a very bad automobile accident. Both my husband and I were injured. He is very personable and efficient. He came to our home to get the details of the accident and continued to provide excellent handling of our case to the end when he reached an excellent settlement for us. We feel we became friends during this whole process."

GoogleJoan F.

I cannot recommended them highly enough!

"I'm so grateful to Logeman & lafrate for taking care of my legal needs for my case. The entire staff are exceptional, professional, communicate well during the entire process."

GoogleD June

By far the best lawyer I've ever had!

"I had the pleasure of Jim Iafrate representing me. He was professional, had excellent communication skills and is trustworthy. He always kept me up-to date, was responsive and worked diligently. His abilities enabled us to settled my case in a timely manor. Thanks for your hard work Jim!"

GoogleLana D.

I can not say enough about this firm they continue to advocate for me!

"I was in 2 different catastrophic car accidents. Jim Iafrate has been my attorney for many years. I can say that without a doubt he is the best attorney in this field. Jim and his staff are professional and compassionate. I highly recommend him to anyone looking for a attorney that has been in a car accident. Jim will go above and beyond for his clients."

GoogleDebra Q.

My wife and I strongly recommend this law firm and are grateful for all their efforts.

"The attorneys at Logeman,Iafrate and Logeman were absolutely fantastic and professional in handling our case from a severe automobile accident. They provided constant support and guidance in making sure all of our medical needs were met. The staff at this firm was so helpful in all aspects of the case and subsequent trial and settlement."

GoogleVince G.

I know that we can always trust their advice!

"I work with individuals that have suffered a brain injury because of an auto accident. This law practice has always been an amazing resource for them. They always put their clients first and I know that we can always trust their advice."

GoogleCourtney W.

I would recommend James and his office to anyone!

"James and his team worked right beside our entire family during the whole process and even after. James was always available and fought hard to get my family what we deserved. He didn't back down and was uplifting through the entire process. Not only was I proud to have him as our lawyer, we were even prouder that we can now call him a friend."

GoogleRob K.