You’ve heard it repeatedly: texting while driving is dangerous. With the proliferation of mobile phones, distracted driving accidents have surged, sparking widespread concern and legislative action. Lawmakers, lobbyists, concerned parents, and everyday citizens are pushing for stricter laws to deter this dangerous behavior. If you’re worried about the legal ramifications of distracted driving, this article will shed light on:
- “Handheld Telephone” Laws and Penalties by Driving Level
- Other Forms of Distracted Driving and Their Legal Implications
- Potential Legal Consequences and Defense Strategies in Maryland
Cellphones: When You Can and Cannot Use Them on the Road
Distracted driving encompasses any activity that diverts your attention from driving, putting other drivers, passengers, and pedestrians at risk.
While numerous distractions exist, the campaign to eliminate texting while driving or the use of a “handheld telephone” often takes precedence. Maryland is no exception. The state’s Transportation Code clearly outlines rules for cellphone use, reflecting lawmakers’ efforts to impose stricter penalties.
“Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe driving.” – National Highway Traffic Safety Administration (NHTSA)
Maryland’s Cellphone Laws: A Breakdown
| Driver Category | Cellphone Use Restrictions | Penalties |
|---|---|---|
| Under 18 (Learner’s Permit or Provisional License) | No cellphone use whatsoever, except to contact 9-1-1 in an emergency. | Up to 90-day license suspension. |
| Adults (Full License) | Allowed to talk on the phone while driving, but only to answer/end calls or turn the phone off. Texting, using other phone functions, is prohibited. Emergency use (9-1-1) is an exception. Hands-free devices (e.g., Bluetooth) are generally permitted for calls. | 1st Offense: Up to $75 fine; 2nd Offense: Up to $125 fine; 3rd Offense: Up to $175 fine. |
| Adults (Learner’s Permit or Provisional License) | No cellphone use allowed at all. | Same Penalties as under 18 if applicable. |
It’s crucial to remember that these rules are only relevant once an adult has obtained a full license.
What Other Types of Driving Are “Distracted?”
Beyond texting and talking on the phone, many other activities can lead to distracted driving. While these may not carry the same explicit penalties, they can significantly increase the risk of accidents and subsequent legal trouble.
- Eating and Drinking: While technically distracted driving, it’s unlikely to result in a ticket unless it directly contributes to an accident.
- GPS Systems: Using GPS devices is not penalized directly, but prolonged focus on the screen or fumbling with settings can be highly distracting and lead to accidents.
- Reading: Whether it’s texts, maps, or GPS directions, reading while driving is incredibly dangerous and can result in penalties or accidents.
- Adjusting Music: Switching songs on the radio or using a phone as a music source can be distracting. An officer might struggle to differentiate between changing a song on Spotify and texting, leading to a potential citation.
When a Text Turns Terrifying: The Legal Consequences of a Distracted Car Accident
A distracted driving accident can have severe legal consequences. If your actions are deemed grossly negligent, you could face vehicular manslaughter charges.
To prove vehicular manslaughter, prosecutors must demonstrate that you showed a conscious disregard for human life through your actions, such as texting while driving. Manslaughter-by-vehicle is a felony punishable by up to 10 years in prison and a $5,000 fine.
Furthermore, leaving the scene of an accident involving injuries can lead to hit-and-run charges, carrying a potential sentence of up to 5 years in prison and a $5,000 fine.
Maryland has seen over 50,000 distracted driving-related crashes in recent years, with a significant portion resulting in serious injuries. Jake’s Law, enacted in 2014, increased the penalties for distracted driving-related accidents, raising the maximum fine from $1,000 to $5,000 and adding a potential one-year prison sentence.
Defending Against a Distracted Driving Charge
While hard evidence like BAC tests may not exist, a skilled attorney can explore various defense strategies. This includes analyzing witness testimony, examining your health factors, and identifying alternative causes of the accident.
Maryland’s contributory negligence law states that only entirely innocent drivers can recover damages from an accident. If you’re deemed partially at fault, even slightly, the other driver cannot recover damages from you. This principle can be applied if the other driver was also negligent, such as speeding or disregarding traffic laws.
Jurisdictional Notes Beyond Maryland: VA, DC, and PA
It is important to understand that laws regarding cellphone use and distracted driving vary by jurisdiction. Here’s a brief summary of the laws in Virginia (VA), the District of Columbia (DC), and Pennsylvania (PA):
- Virginia (VA): Virginia bans handheld cellphone use while driving. This includes talking on the phone, texting, and accessing the internet. The first offense carries a fine of $125, and subsequent offenses carry a fine of $250.
- District of Columbia (DC): DC also prohibits handheld cellphone use while driving. The first offense carries a fine of $100, and subsequent offenses carry higher fines.
- Pennsylvania (PA): Pennsylvania bans texting while driving. Handheld cellphone use for talking is permitted, but drivers are encouraged to use hands-free devices.
FAQs About Distracted Driving Laws
Q: Is it illegal to use my phone’s GPS while driving in Maryland?
A: Not explicitly. However, if using your phone’s GPS distracts you and leads to an accident, you could face charges related to reckless or negligent driving.
Q: Can I eat while driving in DC?
A: Eating while driving isn’t specifically illegal, but if it impairs your ability to drive safely, you could be cited for negligent driving.
Q: What should I do if I’m involved in an accident and suspect the other driver was texting?
A: Call the police, document the scene, and get the other driver’s information. Inform the police about your suspicion of distracted driving. Consult with an attorney to understand your legal options.
Q: If I am a passenger in a car, can I use my phone?
A: Passengers are generally free to use their phones in a vehicle.
Conclusion
Distracted driving, especially when it involves cellphones, is a serious issue with significant legal and safety implications. Whether you are in Maryland represented by JC Law and James E. Crawford, Jr., Virginia, the District of Columbia, or Pennsylvania, knowing the laws and potential consequences is vital. Always prioritize safe driving practices to protect yourself and others on the road.
