Drivers traveling along Route 302 between Portland and Windham or navigating congested stretches of I-95 may have only moments to react to slowing traffic or changing road conditions. 

A driver who takes their eyes off the road to read a text, answer a phone call, or scroll through an app can leave innocent people with life-changing injuries.

When a driver’s careless decision turns your life upside down, an experienced distracted driving accident lawyer can help you pursue the compensation you deserve.

At Mann Law, our attorneys work directly with clients and personally guide every case from the initial investigation through settlement negotiations or, when necessary, trial. With decades of experience representing injured Maine residents, extensive knowledge of insurance company tactics, and a reputation for compassionate advocacy, we are committed to helping you pursue the financial recovery you need while protecting your interests every step of the way.

Contact us at 207-709-0900 to discuss your case in detail.

Key Takeaways

  • Distracted driving is a widespread and deadly problem that injures and kills thousands of people across the U.S. every year: In 2018 alone, an estimated 400,000 people were injured and nearly 3,000 were killed in distracted driving crashes — and here in Maine, the state averaged more than 3,000 distracted driving crashes per year between 2013 and 2017.
  • Even a momentary distraction can have catastrophic consequences on the road: Researchers at the CDC found that sending or reading a text takes a driver’s eyes off the road for an average of five seconds — enough time to travel the length of a football field at 55 mph.
  • Distracted driving crashes cause a wide range of serious injuries that can affect victims for months or years: Common injuries include traumatic brain injuries, whiplash, bone fractures, internal bleeding, herniated discs, road rash burns, and post-traumatic stress disorder.
  • Victims of distracted driving accidents can pursue compensation for both economic and non-economic losses: This includes past and future medical expenses, lost wages, lost earning capacity, and the pain, suffering, and psychological anguish caused by the crash and resulting injuries.
  • Proving a driver was distracted requires the right evidence — and the right legal team: Phone records, police reports, surveillance footage, eyewitness statements, and accident reconstruction experts can all help establish fault, and Mann Law’s attorneys know exactly how to gather and present this evidence on your behalf.

    Contact Us Today

    What Is Distracted Driving?

    Distracted driving is any activity that takes a driver’s attention away from safely operating a motor vehicle. Safe driving requires continuous focus on surrounding traffic, pedestrians, traffic signals, changing road conditions, and other hazards. When a driver diverts their attention, even briefly, the risk of causing a serious crash increases significantly.

    Distracted driving remains a major public safety issue. According to the National Highway Traffic Safety Administration (NHTSA), distracted drivers caused 3,275 fatal crashes and an estimated 324,819 injury crashes nationwide in 2023. The Maine Department of Transportation reported 14 people died and 1,018 people were injured in distracted driving accidents in 2025 throughout Maine.

    What Are the Types of Distracted Driving?

    Distracted driving is generally divided into three categories based on how the distraction interferes with safe driving. Recognizing these categories helps investigators, insurers, and attorneys understand how a driver’s conduct contributed to a crash.

    Visual Distractions Manual Distractions Cognitive Distractions
    What Does It Mean? A driver takes their eyes off the road A driver removes one or both hands from the steering wheel A driver’s mind is not focused on driving
    Examples
    • Reading a text message
    • Looking at GPS directions
    • Searching for something in the car
    • Holding a cellphone
    • Eating
    • Applying makeup
    • Daydreaming
    • Preoccupied with work or family issue
    • Having an emotional conversation with the passengers

    Texting while driving is particularly dangerous because it combines all three forms of distraction. A driver looks away from the roadway, removes a hand from the wheel, and shifts their mental focus away from driving.

    Can You Use Your Phone While Driving in Maine?

    Maine has enacted laws that restrict cellphone use behind the wheel to improve roadway safety.

    Maine’s Hands-Free Law

    Drivers generally may not use a handheld electronic device while operating a motor vehicle. The law prohibits physically holding or supporting a cellphone or similar electronic device while driving except in limited circumstances, such as certain emergency situations.

    Hands-free technology may be permitted, but drivers must still exercise reasonable care. A driver who becomes distracted while using voice commands or another hands-free feature may still be negligent if their lack of attention contributes to a crash.

    Maine’s Texting While Driving Law

    Maine also prohibits texting while driving. Reading, writing, or sending text-based communications while operating a motor vehicle is unlawful because doing so significantly increases crash risk.

    A traffic citation is not required to establish liability in a personal injury case. Cellphone records, witness testimony, surveillance video, dash camera footage, and electronic vehicle data may all help demonstrate that a driver was distracted before the collision occurred.  

    Why Distracted Driving Accident Victims in Maine Choose Mann Law

    • We Know How to Prove Distracted Driving in Court: Mann Law secures cell phone records, dashcam footage, witness statements, and police reports to build a clear, documented case that the at-fault driver was not paying attention.
    • We Handle Distracted Driving Cases Across All of Maine: Whether your crash happened on I-95, in Portland, in Bangor, or on a quiet Maine back road, our attorneys have the knowledge and resources to pursue your claim effectively.
    • We Pursue the Full Value of Your Damages: Medical expenses, lost income, property damage, and pain and suffering are all part of a complete distracted driving injury claim. Mann Law fights for every dollar you deserve.
    • Free Consultation with No Risk to You: You pay nothing unless Mann Law wins your case. Contact us today for a free, no-obligation case evaluation.

    The Client Experience

    What It Is Like to Work With Mann Law

    A distracted driver can turn an ordinary commute into a life-changing collision in a split second. Here is what working with our team looks like, in the words of the people who have lived it.

    We take on the cases insurance companies dismiss

    When the other driver was not paying attention, we make sure that fact does not get lost in the claim.

    “My life changed within seconds after someone carelessly hit my car to show off to his girlfriend and pushed it into a building. Christina and Robin took all the stress and worry away from me.”

    Jennifer S., Google Review

    We move fast from the very first call

    The sooner we are involved, the sooner the insurance company stops being the one in control.

    “Robin and Chrissy were super helpful regarding my car accident case. They helped me deal with insurance companies who otherwise would’ve just ignored my calls.”

    Carolyn M., Google Review

    We carry the weight so you can heal

    You should not have to manage a claim on top of recovering from someone else’s mistake.

    “After a family friend recommended Chrissy’s office, they handled everything. I never knew it could be so easy!”

    Kaylyn B., Google Review


    A distracted driver takes a split second to change your life. We cannot undo the crash, but we can carry the weight of the claim, and stay beside you until you are able to move forward.

    Injured in a Maine distracted driving accident? You may have the right to compensation for your medical bills, lost wages, and pain and suffering. Let Mann Law review your case for free — no upfront costs and no fees unless you win. Schedule a Free Consultation

    Maine Car Accident Statute of Limitations Calculator

    Enter the date of your accident to see the filing deadline that generally applies to your situation.

    Please select a valid date that isn't in the future.
    Disclaimer: This calculator provides general deadline estimates only and is not legal advice. Some deadlines may run from treatment dates, work-loss dates, the date of death, notice-filing dates, claim denial dates, or other case-specific events rather than the accident date alone. Always verify deadlines with a licensed Maine attorney.

    How Long Do I Have to Bring a Distracted Driving Claim?

    Under Maine law, injured victims generally have six years from the date of a motor vehicle accident to file a personal injury lawsuit. If you miss that deadline, you will likely lose your right to seek compensation.

    Even though six years may seem like a long time, it’s best to speak with a Maine distracted driver injury attorney as soon as possible. Cellphone records, surveillance footage, and other evidence that may prove the other driver was distracted can disappear quickly. Early legal action gives Mann Law the best opportunity to preserve evidence and build a strong claim.

    Do I Need a Texting While Driving Accident Lawyer in Maine?

    While legal representation is not required, having a distracted driving accident lawyer on your side can help protect your rights.

    At Mann Law, we begin investigating distracted driving claims as early as possible. Our goal is to preserve evidence before it disappears and build the strongest case possible while you focus on your recovery. We can:

    • Investigate the cause of the crash. We obtain evidence that may prove the other driver was distracted, including Maine State Police crash reports, reports from the Portland Police Department Traffic Division or Bangor Police Department when applicable, witness statements, and available surveillance footage.
    • Preserve critical evidence. Cellphone records, electronic data, and driving history maintained by the Maine Bureau of Motor Vehicles may become important pieces of evidence. Acting quickly gives us the best opportunity to preserve that information before it is lost.
    • Document your injuries. We will work to obtain your medical records and invoices from the facilities that treated you, such as Maine Medical Center in Portland, and use them to support their claim.
    • Handle the insurance company. Insurance adjusters often attempt to shift blame or minimize injuries. We manage communications and negotiations so you can focus on your recovery.

    While many distracted driving claims settle through negotiation, we prepare every case as though it may go to court. If litigation becomes necessary, we are ready to advocate for you in Maine’s courts, including the Cumberland County District Court, when appropriate.

    Proving a distracted driver caused your crash takes the right evidence and an experienced legal team. Mann Law's Maine distracted driving accident attorneys will investigate your case, gather the proof needed to establish fault, and fight to recover every dollar you're owed. Your consultation is free with no obligation. Schedule a Free Consultation

    FAQs

    Is Texting While Driving Illegal in Maine, and How Does It Affect My Injury Claim?

    Yes. Maine prohibits drivers from reading, writing, or sending text-based communications while operating a motor vehicle. A traffic citation does not automatically establish civil liability, but evidence that a driver violated Maine’s texting law may help support a negligence claim.

    Cellphone records, witness statements, police reports, and electronic vehicle data can all help demonstrate that the driver’s distraction contributed to the crash.

    How Do You Prove a Driver Was Distracted at the Time of a Maine Car Accident?

    Depending on the circumstances, evidence to prove a driver was distracted may include the following:

    • Cellphone records,
    • Surveillance video,
    • Dash camera footage,
    • Eyewitness testimony, 
    • Vehicle infotainment system data, and
    • Crash reconstruction analysis.

    Police reports prepared by the Maine State Police, the Portland Police Department Traffic Division, or local law enforcement agencies may also contain observations that support your claim. Acting quickly is important because some electronic evidence and video recordings may only be available for a limited time.

    Can I Get Punitive Damages If a Driver Was Texting When They Hit Me in Maine?

    Courts rarely award punitive damages in Maine. Unlike compensation for medical bills or lost wages, punitive damages are reserved for conduct involving express or implied malice. 

    Although texting while driving demonstrates poor judgment and may establish negligence, it does not automatically justify punitive damages. 

    Whether punitive damages may be available depends on the specific facts of the case, including whether the driver’s conduct went beyond ordinary negligence.

    What Is the Difference Between a Manual, Visual, and Cognitive Distraction Under Maine Law?

    These categories describe how distractions affect a driver’s ability to operate a vehicle safely:

    • A manual distraction requires taking one or both hands off the steering wheel, such as holding a cellphone;
    • A visual distraction causes the driver to look away from the roadway, such as reading a text message or entering directions into a GPS; and
    • A cognitive distraction occurs when the driver’s attention is diverted from driving, such as during an emotional phone conversation.

    Many accidents involve multiple types of distraction at the same time. Identifying how the driver’s attention was diverted can help explain why the crash occurred and strengthen the evidence supporting a personal injury claim.

    Talk to a Maine Distracted Driver Injury Attorney at Mann Law

    A distracted driver’s decision to look away from the road should not leave you responsible for the physical, emotional, and financial consequences of a serious crash. At Mann Law, we have spent more than 50 years advocating for injured individuals throughout Maine, and we proudly serve clients through a statewide network of offices.  

    We know how insurance companies evaluate distracted driving claims, and we are prepared to fight for the compensation you deserve. 

    Contact Mann Law today for a free consultation and speak to a Maine car accident lawyer.

    Legal References Used to Inform This Page

    To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:​

    👋 How can we help you?