Enhancing Road Safety: The Potential for Tougher Penalties on Distracted Driving Offenses in Maine

The Maine distracted driving law passed in 2019 prohibited using cellphones and other handheld electronic devices while operating motor vehicles. Yet, each year, we experience numerous road accidents due to driver distraction—with over 31,300 in the past decade reported by the Maine DOT. It’s a significant concern as individuals continue to engage in activities like texting, talking on their cell phones, using apps to place food orders, fidgeting with their GPS systems—and even tuning the radio. Such distractions have led to a substantial amount of crashes and collisions that have resulted in severe injuries, including 114 fatalities.

The Distracted Driving Dilemma: Laws, Impact, and Beyond.

How to reduce distracted driving accidents is a major concern in Maine and nationally. According to the National Highway Traffic Safety Administration, the use of cell phones while driving is believed to be one of the leading causes of distracted driving accidents, which has helped shape distracted driving legislation throughout the country. In fact, as of 2024, all but one U.S. state, the District of Columbia, and every U.S. territory has enacted some form of distracted driving laws (Montana is the lone holdout). These laws range from banning texting while driving and, in many cases restricting the use of handheld electronic devices. Specifics of these laws are the only things that differ, as the scope of restrictions and the penalties for violations vary significantly from state to state.

Are these laws effective in preventing driving while distracted? For Maine, since the distracted driving law was enacted five years ago, the hope for seeing a significant decline in accidents attributed to distraction has not occurred. Maine has only seen a minimal decrease in accidents caused by distracted driving. Though many accidents are linked to cell phone or electronic device usage, it’s important to recognize that drivers can also be diverted by other factors, like wildlife encounters with moose or deer, that lead to a lapse in focus on the road.

Maine Considers Tougher Penalties for Distracted Driving: Will Road Safety Get a Boost?

Will tougher penalties for distracted driving enhance road safety? Maine has already established regulations to deter drivers from distracted driving. The 2019 legislation prohibited texting while driving and imposed substantial fines. Individuals found guilty of reading, writing, or texting while behind the wheel can be penalized $50 for the initial violation and $250 for subsequent offenses. The law also bans cell phone use for drivers under 18.  

Though such actions demonstrate Maine’s strong dedication and efforts to secure the safety of all road users by minimizing the occurrence of distracted driving incidents on their roads, evaluating the effectiveness of new penalties for inattentive driving is difficult. According to safety law enforcement officials and safety advocates, accidents caused by this behavior are frequently underreported. Drivers are not only hesitant, but they are unlikely to admit fault. Gathering proof of cell phone use during a collision may be possible but can also be lengthy.

As Maine grapples with a serious distracted driver problem, the state transportation committee is reviewing a new bill to increase the penalty for using a cell phone or any handheld electronic device while driving or operating a motor vehicle. Fines for cell phone use while driving would increase from $50 to $500 for a first offense and $250 to $1,000 for a second offense. Under the new bill, a third or subsequent offense will result in drivers having their license revoked.

Seeking Compensation for Distracted Driving Accidents in Maine?


Accidents in Maine caused by distracted driving can lead to complicated legal disputes, especially when the at-fault driver denies responsibility or their insurance provider declines to cover or fully cover the damages. If you have been in an automobile accident caused by a driver texting or on his or her cell phone, or you suspect the driver was distracted somehow, please contact the Maine personal injury attorneys at Hardy Wolf & Downing. That first consultation is free—there is no charge to talk to one of our car accident lawyers about your situation. Our investigation may reveal the driver was texting or distracted. We can help prove your case to ensure you receive compensation.

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