Understanding Maryland’s Don’t Touch Law
Distracted driving continues to be a leading cause of serious motor vehicle accidents in the United States, and Maryland is no exception. In Maryland, the “don’t touch” law is in place to help prevent accidents caused by distracted driving. The goal of the law is to get drivers to keep their eyes on the road and their hands off their phones to protect themselves and others around them by imposing harsh fines for violations. This article discusses what you need to know about Maryland’s “don’t touch” law.
What Does Maryland’s Don’t Touch Law Say?
Maryland has a primary ban on handheld device use while driving. This means the police do not need another reason to stop a driver. Simply holding a phone is enough to warrant an officer pulling a driver over. The “don’t touch” law applies whether you are texting, scrolling social media, dialing numbers manually, or even holding the phone to check directions. You cannot use your handheld device even when stopped temporarily at a red light or in traffic. You are only allowed to use hands-free or voice-activated features.
Who Must Follow the Don’t Touch Law?
Maryland’s “don’t touch” law applies to almost everyone as listed below;
- Drivers under 18, anyone with a learner’s permit, and school bus drivers cannot use a “wireless communication device” while driving unless they are contacting 911.
- Adult drivers cannot hold a phone while a vehicle is in motion unless turning the device on or off, unless in an emergency.
- Adult drivers can use handheld devices for “emergency use”, including calling 911, an ambulance, or a hospital.
Penalties for Breaking the Law
Violating the “don’t touch” law is considered a misdemeanor offence in Maryland. The statutory maximum fines according to the law are as follows;
- 1st offense: up to $75
- 2nd offense: up to $125
- 3rd or subsequent offense: up to $175
The above are the maximum fines a driver can pay if the charge goes to court. If they choose to prepay the ticket, the penalty established by the District Court is;
- 1st offense: up to $83
- 2nd offense: up to $140
- 3rd or subsequent offense: up to $160
The Motor Vehicle Administration (MVA) assigns points to a driver’s license if an offence contributes to an accident. Otherwise, no points are assigned.
Why Does This Law Matter in Personal Injury Cases?
If a driver causes an accident and it is determined that they were violating Maryland’s “don’t touch” law, this could be crucial evidence in a personal injury case. The violation could help establish negligence. In such a case, negligence will be assumed because the defendant disobeyed the law. This is called “negligence per se.” In such cases, plaintiffs do not need to prove that the defendant acted unreasonably. You simply need to show that the defendant broke the law and that the violation resulted in harm.
Accidents involving violating the “don’t touch” law can have devastating consequences. These accidents can cause severe injuries, including brain injuries, back and neck injuries, and broken bones. Successfully establishing that a driver violated the “don’t touch” law can allow a driver to recover compensation for medical expenses, lost income, pain and suffering, and many other damages.
Contact a Towson, MD Personal Injury Attorney
If a distracted driver has injured you, contact our Towson personal injury attorneys at Hardball Law today at 410-494-7400 or online for help understanding your rights, investigating your case, and fighting for the compensation you deserve.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-1124.2
