Most states have enacted laws that prohibit cell phone use while driving, and in particular “texting” while driving. Maryland is no exception. It is illegal in Maryland to use a handheld cell phone to text, or talk, while driving.
Simple acts may lead to only a ticket. If a crash ensues, the penalties go up, as they do for subsequent offenses. If one violates either of these proscriptions, and an accident ensues resulting in death or serious bodily injury, the penalties are severe: one year in jail, and a $5,000 fine.
The notion of driving while texting or talking on a cell also brings up another, related question pertinent to any accident that fallows this conduct.
We’ve discussed in another guide the various measures of damage resulting from Baltimore car accidents. One concept touched upon, that of punitive damages, may be in line for some evolution. Personal injury and accident lawyers in Baltimore, MD Attorney Eric T. Kirk will tell you that punitive damages, designed to punish a defendant, rather than compensate a victim, are rarely awarded in the typical car accident case. Everyone seems to agree, using a cell phone while driving is a bad idea.1 But how bad? In an appropriate case, a skilled personal injury lawyer may successfully argue that texting while driving is such a bad idea, so callous and wanton, that if this conduct causes an accident, an award of punitive damages is warranted.
FN1 http://www.mva.maryland.gov/safety/_docs/FY15_Distracted_ProgramAreaBriefCombinedFinal.pdf
Technical Information
Eric T. Kirk is a Baltimore Personal Injury Lawyer with over 30 years of trial experience.
Practice areas: Insurance Claim Denial, Auto Accidents, Wrongful Death.
Location: Baltimore, Maryland. ZIP codes served: 21201, 21202, 21205, 21206, 21209, 21210,
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