Distracted Driving Accidents in Maryland and Washington, D.C.
It only takes a few seconds of looking away from the road for a driver to cause a devastating crash. Despite widespread awareness of the dangers, distracted driving remains one of the leading causes of car accidents in Maryland and Washington, D.C., and one of the most preventable.
At Falodun Law, we represent people injured by distracted drivers throughout Maryland and D.C. If you are looking for a distracted driving accident lawyer in Maryland or Washington, D.C., these cases require careful investigation because distraction often leaves little visible evidence at the scene. Here's what you should know.
What Counts as Distracted Driving?
Distracted driving covers any activity that takes a driver's attention away from the road, whether it's visual, manual, or cognitive. Common forms include:
Texting or reading messages while driving
Talking or scrolling on a handheld phone
Using GPS or navigation apps
Eating, drinking, or grooming behind the wheel
Adjusting the radio, in-car entertainment, or climate controls
Talking with passengers or attending to children in the car
Reaching for objects in the vehicle
Simply daydreaming or "zoning out" while driving
Maryland and D.C. Distracted Driving Laws
Both Maryland and Washington, D.C., have enacted laws specifically targeting handheld cell phone use while driving. Maryland's law generally prohibits drivers from using a handheld phone to talk or text while operating a vehicle, with limited exceptions such as emergency calls. Washington, D.C., similarly bans handheld phone use while driving, including texting and browsing.
A violation of these laws at the time of a crash can be powerful evidence in a personal injury claim. When a driver breaks a safety statute and that violation causes an accident, it can support a finding of negligence, sometimes referred to as negligence per se, making it easier to establish that the driver failed to meet their duty of care.
Why These Cases Can Be Hard to Prove
Unlike a driver who was obviously speeding or ran a red light, a distracted driver's negligence often isn't visible after the fact. There are no skid marks showing someone was texting. That's why building a strong distracted driving case usually requires:
Cell phone records, obtained through subpoena, showing calls, texts, or app activity at the time of the crash
Eyewitness accounts describing the other driver's behavior before impact
Traffic camera or dash camera footage
Vehicle event data recorder ("black box") information
The police accident report, including any citations issued at the scene
Cell phone records in particular can disappear or become harder to obtain the longer you wait, which is one of many reasons it's important to speak with a Maryland or Washington, D.C. car accident attorney soon after a crash.
How Maryland and D.C. Law Affects Your Claim
Contributory Negligence
Maryland and Washington, D.C. both follow the contributory negligence rule - one of the strictest fault standards in the country. If the distracted driver's insurer can show you were even 1% at fault for the crash, you could be barred from recovering any compensation at all. This makes thorough documentation of the other driver's distraction especially important.
Statute of Limitations
In Maryland, you generally have three years from the date of the accident to file a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. §5-101). Washington, D.C. also applies a three-year statute of limitations (D.C. Code §12-301). Missing this deadline typically means losing your right to pursue compensation entirely.
What to Do After a Distracted Driving Accident
Call 911 and request that the police document the accident
Note anything you observed about the other driver's behavior, such as looking down or holding a phone
Get contact information from any witnesses who may have seen the other driver's distraction
Seek medical attention right away, even if you feel fine initially. For more guidance, see what to do in the first 72 hours after a car accident.
Avoid giving a recorded statement to the other driver's insurer before speaking with an attorney
Contact Falodun Law promptly so we can move quickly to obtain phone records and other time-sensitive evidence
What Damages Can You Recover?
Medical expenses, past and future
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Vehicle damage and other property losses
Permanent disability, scarring, or disfigurement
How Falodun Law Can Help
Proving a driver was distracted takes more than intuition, it takes evidence, obtained quickly before it disappears. At Falodun Law, our Maryland car accident practice investigates every angle of your accident, pursues the phone records and other evidence needed to establish fault, and fights to hold distracted drivers accountable. We handle distracted driving cases on a contingency fee basis: you pay nothing unless we recover compensation for you.
Contact Falodun Law Today - Free Consultation
At Falodun Law, we fight for injured people and their families throughout Maryland and Washington, D.C. If you've been hurt and want to understand your rights, we're here to help, with no cost to you unless we win.
📞 Phone: (301) 289-7737
✉ Email: wole@falodunlaw.com
📍 Address: 8850 Stanford Blvd., Ste. 2900, Columbia, Maryland 21045
Don't wait - deadlines in personal injury law are strict and unforgiving. Reach out to Falodun Law today.
Frequently Asked Questions
What should I do if I was hit by a distracted driver in Maryland?
Call 911, seek medical attention, document the crash, gather witness information, and note anything suggesting the other driver was using a phone or otherwise distracted. Because evidence such as phone records can become harder to obtain over time, speaking with a Maryland distracted driving accident lawyer promptly can help preserve important evidence.
How can a lawyer prove that another driver was distracted?
A distracted driving accident lawyer may use cell phone records, eyewitness statements, traffic or dash camera footage, vehicle event data, police reports, and citations to investigate whether distraction contributed to the crash. The blog specifically identifies these types of evidence as important when proving fault.
Can I recover compensation after a distracted driving accident in Maryland?
Potential compensation may include medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, property damage, and compensation related to permanent disability, scarring, or disfigurement, depending on the circumstances of the case.
What if I was partially at fault for a distracted driving accident in Maryland?
Maryland follows the contributory negligence rule. As explained in the article, if the other driver's insurer establishes that you were even partially responsible for the crash, it may prevent you from recovering compensation. This makes careful investigation and documentation particularly important.
How long do I have to file a distracted driving accident claim in Maryland?
The article states that Maryland generally provides three years from the date of the accident to file a personal injury lawsuit. However, the deadline can depend on the circumstances, so it is important to discuss your specific situation with an attorney rather than waiting until the deadline approaches.
Does Falodun Law handle distracted driving accident cases in Maryland and Washington, D.C.?
Yes. Falodun Law represents people injured by distracted drivers throughout Maryland and Washington, D.C., and investigates evidence that may help establish how the accident occurred.
