Distracted Driving: What Is It And How To Prevent?

Distracted driving includes anything that takes away a driver’s focus and attention from the road. Distractions most often today involve drivers using a cell phone, whether that involves texting, talking, streaming, or even using apps while driving. It is a widespread danger that is unfortunately getting worse every year.

Car crashes where the driver’s focus and attention was being diverted from the road by cell phone use in Michigan decreased approximately 12% overall between 2020 and 2024, according to Michigan Traffic Crash Facts. During that same period, fatal auto accidents that included this driving behavior (i.e., where a driver was using a cell phone) in Michigan neither increased nor decreased.

As a car accident lawyer, I would say these numbers are probably much lower than what the true numbers actually are today. It is still rare for police to do cellphone downloads (unless there is a fatal on a state highway), so the numbers above also depend on drivers volunteering that they were using their cell phones when they caused a crash to police.

To learn more about how to keep your family and yourself safe, please check out this video:

What is distracted driving?

Distracted driving occurs when a driver engages in an activity that takes their focus away from driving carefully and safely. NHTSA defines it as “any activity that diverts . . . your attention away from the task of safe driving.”

Examples

Examples include: (1) texting; (2) using the phone; (3) talking on the phone; (4) talking to passengers in your vehicle; (5) surfing the internet; (6) using social media; (7) watching videos; (8) looking at images; (9) using FaceTime or Zoom; (10) using GPS or devices like Waze; and (11) eating or drinking.

Why is this driving behavior dangerous?

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. 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. (Virginia Tech Transportation Institute)

Research has shown that texting while driving takes the drivers’ eyes and attention away from the road for 5 seconds. (NHTSA) 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 5 seconds. (NHTSA)

How is distracted driving different from inattentive driving?

Distracted driving includes inattentive driving. A text message or a cell phone call may cause a driver’s attention to be diverted from driving and, thus, fail to use reasonable care behind the wheel. But it can can include anything, from eating in a car to applying makeup to even talking and looking at a passenger or for a street sign.

How long has this driving behavior been a problem?

This driving behavior has always been a problem and has existed for as long as people have been driving. As the dangers became more apparent, state legislatures began passing laws banning driving behavior that involved cell phone use and texting in the early 2000’s. In 2001, New York state banned cell phone use by drivers. In 2007, Washington banned texting.

In 2010, Michigan enacted its ban on texting while driving, which applies to all drivers. However, Michigan’s ban on cell phone use while driving only applies to teen drivers, truck drivers and school bus drivers.

In 2023, Michigan updated its texting and driving law to prohibit all drivers from using a hand-held cell phone or mobile electronic device to send, receive or read a text message while driving on Michigan roadways. (MCL 257.602b(1), (2) and (13)) The law also prohibits drivers from using a hand-held cell phone or mobile electronic device to talk on the phone, watch videos and/or go on social media. (MCL 257.602b(1), (2) and (13))

What causes distracted driving?

There are many behaviors that cause a driver’s attention to be diverted from driving: (1) texting; (2) using a cell phone; (3) talking on the phone; (4) talking with passengers; (5) looking at videos or photos or anything else on the phone while the car is moving; (6) adjusting the radio; (7) reaching for something on the floor or backseat; and/or (8) it can even include daydreaming or being lost in thought.

How much is the fine for distracted driving?

In Michigan, the fine for a first violation of the texting and driving law is $100. A second or subsequent violation carries a $250 fine. (MCL 257.602b(4)(a) and (b))

What is the penalty for distracted driving?

The penalties for violating Michigan’s texting and driving law include the following:

• Being found responsible for a “civil infraction” (MCL 257.602b(4))
• A $100 fine for a first violation and/or 16 hours of community service. (MCL 257.602b(4)(a))
• A $250 fine for a second or subsequent violation and/or 24 hours of community service. (MCL 257.602b(4)(b))
• Drivers with 3 or more texting violations within a 3-year period must complete a “basic driver improvement course” (MCL 257.602b(8))
• 1 point for second texting-while-driving violation of MCL 257.602b. (MCL 257.320a(1)(y))
• 2 points for third or subsequent texting-while-driving violation of MCL 257.602b. (MCL 257.320a(1)(x))

The penalties 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 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 day and/or ordered to pay a fine of $500. (MCL 257.601d(2))
• A texting driver who causes “an at-fault collision with another vehicle, a person, or any other object” will get “4 points” on his or her driver’s license. (MCL 257.320a(1)(l))
• A driver who violates the law and is at-fault for causing a crash is subject to double the fines that would normally be imposed for the violation. (MCL 257.602b(6))

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. (MCL 257.310e(7))

What is the leading cause of people diverting their attention off from driving?

There were 14,596 distracted drivers in crashes in Michigan in 2024, according to Michigan Traffic Crash Facts. The leading cause of distraction for 36.3% of the distracted drivers was an activity inside the vehicle such as eating, drinking, or personal grooming. The next most common distraction at 33.3% was “activity outside the vehicle.” 14.5% of distracted drivers were distracted by cell phone use, while 10.6% and 5.3% were distracted by other electronic devices and passengers in the vehicle, respectively.

How many states have distracted driving laws?

Texting while driving is banned for all drivers in 49 states, plus D.C., Puerto Rico, Guam, the Northern Mariana Islands and the U.S. Virgin Islands. (Governors Highway Safety Association)

33 states as well as D.C., Puerto Rico, Guam, the Northern Mariana Islands and the U.S. Virgin Islands have handheld cellphone bans which prohibit all drivers from using a handheld cellphone while they are driving. (Governors Highway Safety Association)

Were you injured in a car accident while the driver’s attention was being diverted? Call a Michigan Auto Law attorney about your case

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 (800) 968-1001 for a free consultation with one of our car accident attorneys. 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. Steven Gursten is the current President of the American Association for Justice Distracted Driving Litigation Group and lectures and teaches auto accident attorneys throughout the nation on this topic and how to obtain evidence of this behavior in their own car accident cases. Steve has spoken at national lectures, seminars, conferences and webinars on this subject and how attorneys can find evidence and discovery. Also, Steve speaks to high school students and parent groups throughout Michigan as part of Joel Feldman’s End Distracted Driving Campaign school and parent presentations.