Distracted driving remains one of the most significant threats to roadway safety in Maryland and across the country. With mobile technology at our fingertips, it is easier than ever to become distracted behind the wheel—and the consequences can be devastating. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed over 3,000 lives nationwide in the most recent year of available data.
In Maryland, state lawmakers have enacted strict laws designed to prevent accidents caused by texting, phone use, and other forms of driver inattention. However, despite these regulations, distracted driving continues to be a major contributing factor in serious and fatal accidents across Baltimore and the surrounding areas.
At Holzman & Dickriede, our experienced Baltimore personal injury lawyers are committed to representing victims injured by distracted drivers. We help clients understand Maryland’s laws, investigate the cause of the crash, and pursue full compensation for their injuries and losses.
What Counts as Distracted Driving?
Distracted driving involves any activity that takes a driver’s attention off the task of safe vehicle operation. These distractions can be:
Visual: Looking at a phone, GPS, or object outside the vehicle
Manual: Taking hands off the steering wheel to eat, drink, text, or reach for something
Cognitive: Daydreaming or engaging in emotionally charged conversations while driving
While cell phone use is one of the most common—and dangerous—forms of distraction, it is by no means the only one. Still, it is a major focus of Maryland’s distracted driving laws due to the widespread use of smartphones.
Maryland’s Distracted Driving Laws: Cell Phones and Texting
Handheld Phone Use Is Illegal
In Maryland, it is illegal for any driver to use a handheld mobile device while operating a motor vehicle. This means holding the phone to make or receive a call, browse apps, or otherwise engage with the device manually. The law allows hands-free use only, such as via Bluetooth or dashboard-mounted systems. This is classified as a primary offense, meaning a police officer can pull over a driver solely for using a handheld phone—even if no other traffic violation occurred.
Texting While Driving Is Strictly Prohibited
Maryland law also prohibits drivers from writing, reading, or sending text messages or emails while operating a motor vehicle. This includes while stopped at a red light or in traffic. Exceptions exist only for emergencies, such as contacting 911.
Penalties include:
- $83 fine for a first offense
- $140 for a second offense
- $160 for a third or subsequent offense
- Points are added to the driver’s record if the offense results in an accident
These fines may seem modest, but if texting leads to an accident that causes injury or death, criminal charges may also apply.
Special Restrictions for Novice Drivers
Drivers under the age of 18 are subject to even stricter standards. Maryland prohibits these drivers from using any type of wireless communication device—even in hands-free mode—while behind the wheel. Violating this rule can lead to license suspension and other penalties, reflecting the state’s concern over high accident rates among young and inexperienced drivers.
How Distracted Driving Impacts Liability in Injury Claims
Distracted driving is a form of negligence under Maryland law. If someone is injured or killed because a driver was using their phone or otherwise distracted, that driver can be held civilly liable for damages. However, Maryland’s contributory negligence rule adds a unique complication.
Under contributory negligence, if an injured party is found even 1% responsible for the accident, they may be barred from any recovery. This makes it especially important to demonstrate that the distracted driver was entirely at fault.
Establishing liability often requires a deep investigation. At Holzman & Dickriede, we gather evidence such as:
- Cell phone usage logs
- Police report with distraction notations
- Surveillance or dash cam footage
- Witness testimony
- Expert accident reconstruction analysis
Our legal team takes swift action to preserve this evidence before it disappears or is altered.
Enforcement of Distracted Driving Laws in Maryland
Law enforcement agencies in Maryland, including the Baltimore Police Department and Maryland State Police, conduct periodic enforcement campaigns targeting distracted drivers. These efforts often focus on high-traffic corridors like I-95, I-83, and the Baltimore Beltway, where the consequences of distracted driving are especially severe.
Still, distracted driving remains underreported. Many drivers will not admit to texting or being distracted, and it is not always apparent at the scene of a crash. That is why working with an attorney experienced in uncovering distraction-based negligence is crucial if you suspect it played a role in your accident.
What Should You Do If You are Hit by a Distracted Driver?
If you believe the driver who hit you was distracted, it is important to take the following steps:
Call 911 immediately and report the accident. Request medical attention if needed.
Take photographs of the accident scene, vehicle damage, and any visible injuries.
Obtain contact information from witnesses who may have seen the other driver using their phone.
Request a copy of the police report and be sure to mention any signs of distraction.
Seek medical attention even if injuries seem minor. Some conditions may worsen over time.
Contact a Baltimore personal injury attorney as soon as possible to preserve evidence and begin building your case.
How Holzman & Dickriede Can Help
Our firm offers aggressive legal representation for individuals injured by distracted drivers in Baltimore and throughout Maryland. We understand the legal nuances of these cases, from proving fault under Maryland law to negotiating with insurance companies that are often quick to deny or minimize claims.
We take the burden off your shoulders so you can focus on recovery. Our services include:
- Comprehensive accident investigation
- Collection and analysis of phone records and crash data
- Communication with insurance adjusters
- Filing all necessary claims and legal documents
- Negotiation or litigation aimed at securing maximum compensation
We work on a contingency fee basis, so you pay nothing upfront—and nothing at all unless we win your case.
Call a Baltimore Distracted Driving Lawyer Today
Distracted driving is a preventable danger, and victims should not bear the financial burden of someone else’s negligence. If you or a loved one has been injured in a crash involving cell phone use or texting behind the wheel, contact Holzman & Dickriede today.
Our seasoned Baltimore car accident attorneys will fight to protect your rights, hold the negligent driver accountable, and help you move forward with confidence.
Holzman & Dickriede – Baltimore Injury Lawyers
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