Distracted driving has reached epidemic proportions in the United States. Maine has instituted some of the toughest distracted driving laws in the nation, at least with respect to the applicable penalties. Distracted driving can include prohibited use of electronic device while driving, as well as other distracting activities.
Maine’s Distracted Driving Restrictions
Maine prohibits texting and driving for all drivers and cell phone use for minors under 18. Even hands-free cell phones are forbidden for minors. Unlike many states, Maine imposes no special restrictions on school bus drivers (although they are subject to the texting and driving ban that is applicable to all drivers). You can also be cited for distracted driving for activities that are unrelated to the use of electronic devices, such as putting on makeup while driving, if you fail to maintain control of your vehicle (by committing another infraction or getting involved in an accident). Individual cities and counties may enact their own distracted driving laws.
Penalties for Distracted Driving in Maine
The fine for a first offense of texting and driving is $250, and it increases to $500 for a second offense or further offense within three years of the first offense. Upon a second offense, the driver’s license will be suspended for 30 days. The suspension period increases to sixty days for a third offense and to 90 days for fourth and further offenses within a three-year period. The fine for cell phone use by a minor is $50 for a first offense and $250 for subsequent offenses.
If Your Car Wreck was Caused by Distracted Driving in Maine
Although traffic citations are expensive, lawsuit judgments can be far more expensive. If you cause an accident while texting and driving, for example, you could be held liable for all damages arising from the accident, including personal injury and wrongful death. Unlike many other states, Maine does not recognize the doctrine of negligence per se. This means that even if you were texting and driving at the time of the accident, you are not automatically considered negligent, even though texting and driving is against the law in Maine – the plaintiff must prove that your violation of the law was negligent under the circumstances.
Even if you were negligent, the plaintiff must prove that your negligence actually caused the accident in order for you to be held liable for damages. If, on the other hand, you are the one filing the lawsuit, the defendant might argue that the accident was partly your fault due to your violation of Maine’s distracted driving law.
If two parties are at fault for an accident, a party who was at least 50 percent at fault will receive no damages at all. A party who was less than 50 percent at fault will have an amount deducted from the damages owed to him that is proportionate to his degree of fault (25 percent, for example).
Possible Criminal Penalties
In a typical distracted driving accident, the worst you risk is an expensive lawsuit judgment against you. If your misconduct rises to the level of criminal negligence, however, you could face jail time. In Maine, criminal negligence means failure to be aware of a risk of harmful consequences to a degree that represents a “gross deviation” from the standard of care that a hypothetical “reasonable person” would be expected to exercise under the circumstances. In a texting and driving case, your guilt would be determined by the surrounding circumstances – texting while driving downhill in a driving snowstorm might be considered criminally negligent, for example, if an injury accident resulted.
– Updated through September 1, 2016