Texting while driving causes accidents six times more than drunk driving. Today, I want to review what is required by the Michigan texting and driving law, what the penalties and consequences are for violating the law and how the texting and driving law may apply differently depending on whether a hand-held or hands-free device is being used. It is especially important to seek advice from a lawyer if the offense resulted in great injury or th… When texting while driving turns into a car crash, a driver can face a variety of consequences. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The driver died as a result of the crash and her mother went on to use the remains of the crashed car to help highlight the dangers of texting while driving. Texting-while-driving charges are normally misdemeanors. This field is for validation purposes and should be left unchanged. That’s a substantial increase from 2017, when 3,166 people died because they used a cell phone while driving.. Another girl died later at the hospital. Texting and driving is the act of writing, reading, and sending text messages or emails using your phone while driving a vehicle. Texting while Driving can be punishable by Law If you cause an accident while texting and driving which involves injuries or death, you may face criminal charges and jail time. Texting and distracted driving is now the biggest cause behind most of the automobile accidents that I handle. He is the current President of the AAJ Distracted Driving Litigation Group, President of the Belli Society, a Past-President of the AAJ Truck Litigation Group and TBI Group, as well as Past-President of the Motor Vehicle Trial Lawyers Association. BECKER, Minn. -- A 17-year-old teenager is now charged in the July traffic accident that took the life of a father and his young … Texting and driving accidents are preventable, like drunk driving, but states are still figuring out the most effective methods of prevention. (02/04/19) -- Distracted driving. He will be eligible for parole again in 2029. If … He and his daughter were critically injured in the crash and are still suffering lingering effects of their injuries. If a person texting with his or her employer, and the employer knows or should know that the person is driving while they are texting, then that employer can also be sued for negligence. Horn can appeal the decision with the Michigan Supreme Court. This is part of a civil injury lawsuit for ordinary negligence and it would fall within Michigan’s existing auto accident laws. This year I am also the current President of the AAJ Distracted Driving Litigation Group. I’ve seen a sharp increase over the last several years in distracted driving and texting while driving. The firetruck, which was responding to a rollover crash, was on the freeway for 20 minutes before Horn crashed into it. Someone who is texting while driving is six times more likely to cause an accident that someone who is driving … Using a mobile phone behind the wheel can cost residents as much as $500. A 13-month-old North Carolina girl was killed in a Christmas day car wreck that police originally thought was caused by texting and driving. A grand jury indicted the teenager several months after the fatal accident on manslaughter, felony texting-while-driving and other charges. Whether you got caught driving while texting or facing a reckless driving citation, hiring the services of a defense lawyer is the safest option to avoid unwanted conviction. Prosecutors argued throughout the trial that Horn was not paying attention to the roadway and the crash would not have happened had he kept his eyes on what was in front of him. Source: GibsonIns. No. . The fine for texting and driving in Michigan is $100 for a first offense and $200 for a second or subsequent offense. Horn previously attempted to sue the city of Ypsilanti, alleging the truck’s lights were off while it blocked a lane for a separate crash when he struck it. Snyder died at the hospital shortly after the crash. You should contact a personal injury attorney if you were involved in an accident with a driver who was texting while driving. Car Accidents Caused By Prescription Drugs: What You Need To Know, "Maximum stars for this law company and particularly for Mr. Steven Gursten - Attorney at Law. Texting while driving is a serious offense and can even result in criminal misdemeanor charges. 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)). ANN ARBOR, MI – A man convicted for crashing into a fire truck on I-94 while texting and driving, seriously injuring his daughter and killing her friend in 2017 has lost his first appeal. A Increase font size. The court found no merit in either argument. Texting and driving is nothing if not negligent, and it is a risk which nobody should take, yet astonishingly, many do. Significantly, the Michigan texting and driving law does not address texting that is carried out through the use of a “hands-free” device, a voice-operated system that’s integrated into a person’s car or truck or a device that is otherwise affixed or mounted or installed within a person’s vehicle. Texting while driving puts other people in danger. Texting and Driving Fatalities. Drivers caught … I recommended him to all my friends and neighbors." What are the penalties if a driver causes a crash as a result of violating the Michigan texting and driving law? If the texting driver caused a car accident resulting in injury or wrongful death, then that texting driver can be sued for causing a car accident. State mandates require Horn’s sentence not to begin until he has finished his armed robbery sentence. Subscribe to MLive.com. Community Rules apply to all content you upload or otherwise submit to this site. A 14-year-old girl was pronounced dead at the crash scene. Sadly, nearly 10 years after the Michigan texting and driving law took effect, we still have our work cut out for us. Texting and driving is illegal in Michigan as it is a form of distracted driving that drastically increases the risk of a car crash. This is an area where the case law is quickly developing. There are consequences for texting and driving. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/21). On the other hand, you could still face serious consequences if … Georgia passed these laws to help reduce distracted driving accidents. Horn is charged in a 2017 crash with a firetruck that killed a 15-year-old passenger.Tanya Moutzalias | MLive.com. In Iowa, texting and driving penalty only costs $30 but may climb up to $1,000 if you caused a serious accident. If the other driver was texting during a car accident, that individual has committed a crime under state law. His sentence was enhanced for being a habitual offender. However, some claim that the state needs even stricter rules. At 11:01 p.m., 34 seconds before the crash, Horn sent a text to his daughter’s ex-boyfriend that read, “but I’ll be hanging out at red rooster in 15 min if U feel like U need to talk.”. That means that the police can stop a driver solely or primarily for suspected violation of Michigan’s ban on texting while driving. Originally, police in Wadesboro charged the girl’s father with texting and driving, alleging he sent a text message saying “Merry Christmas” just moments before the crash … How a Michigan Car Accident … CAPE MAY COURT HOUSE – A Lower Township woman was indicted on charges of vehicular homicide for allegedly texting and driving in a crash that … Latest Headlines Driver accused of texting … If you need an attorney in Lansing, … One of every four car accidents in the U.S. is caused by texting while driving. The Michigan Court of Appeals affirmed Thursday, Jan. 14, the conviction of Charles Edward Horn who was found guilty on two felony charges associated with the fatal crash. Beyond the criminal aspects of this act, however, a driver who causes an accident while texting and driving … Texting and Driving Can Lead to Criminal Charges. Additionally, Horn was on parole for armed robbery at the time of the crash. As a car accident attorney, this is reflected in my own cases. A Reset font size. He also argued that one juror “made statements about being unsure about his impartiality.”. ‘I never wanted this to happen,’ man who killed teen in distracted driving crash says. . You'll also be ticketed for the same. If you were texting while driving, it'll automatically be assumed you caused the accident. In 2011, 23% of automobile crashes involved the use of cell phones in the U.S., that number, along with our access to new apps and faster phones is bound to rise; texting and driving … In his appeal, Horn argued the evidence presented at trial was not enough for a reasonable jury to convict and that there was juror bias that went unchallenged by his attorney. Gross is charged with a felony because the alleged offense ended in injury or death. © 2021 Advance Local Media LLC. If texting while driving was not a primary offense, then the statute would say something to the effect that enforcement of the texting ban by the police could only be done as “a secondary action” when the driver was stopped or detained for a suspected violation of a separate traffic law. Alexandra Mansonet was found guilty of … Prosecution shows the jury crash photos during the trial of Charles Horn, 36, in Washtenaw County Trial Court on Tuesday, June 12, 2019. Please support high-quality journalism. Evidence collected in the investigation showed Horn was texting his daughter’s ex-boyfriend before the crash. I am truly astonished at how many people are involved in such a dangerous and stupid activity, which can result in car accidents and possible criminal charges. Yes. Driver inattention caused by texting and driving is a major offense in Indiana. Fines can range from $20 to upwards … If you are an attorney and you would like to learn more about how to prove people are violating texting laws, I will also be teaching a nationwide webinar on April 28, 2020 for the American Association for Justice. Exploring individuals views on texting and driving … .”. A personal injury lawyer can help you recover any money you lost because of the drivers negligence. AT&T's commuter survey reports that 49 percent of commuters admit to texting while driving, despite the fact that 98 percent acknowledge that it is dangerous to do so. A Decrease font size. 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