Can I Sue if I Was Hit by a Driver Who Was Texting in Maryland?

 Posted on August 29, 2025 in Car Accidents

Getting hit by a distracted driver can change your life in an instant. If the other driver was texting at the time of the crash, you may be able to recover compensation for your injuries and losses. Because Maryland bans texting and restricts hand-held phone use while driving, those violations can serve as important evidence of negligence when paired with the facts of your accident. Working with an experienced Hagerstown, MD auto accident attorney can help you build a strong case and make sure your rights are protected.

What Does Maryland Law Say About Texting and Driving?

Under Transportation Article § 21-1124.1, Maryland law clearly states that drivers cannot write, send, or read a text or electronic message while their vehicle is in motion, and even if it is stopped at a red light. The state also limits the use of hand-held phones. Under Transportation Article § 21-1124.2, a driver generally cannot use their hands to operate a phone while driving. Turning a phone on or off or quickly starting or ending a call is permitted, but scrolling or tapping is not allowed while the vehicle is in motion. While breaking these laws does not automatically prove liability, showing that the other driver violated them can strongly support your injury claim.

How Do You Prove That Texting and Driving Caused Your Car Accident?

Proving distracted driving usually requires piecing together different kinds of evidence. Your attorney may request the other driver’s phone records, which can reveal texting or app use around the time of the crash. Witnesses might recall seeing a glowing screen or noticing the driver looking down. Security or traffic cameras near the crash scene can provide valuable footage, while skid marks and vehicle damage may help reconstruction experts explain what happened.

In some cases, vehicles hold event data on speed and braking, and commercial vehicles may also have dash-cam video or electronic logs. Just as important, medical records show how the accident caused your injuries and how those injuries affect your daily life.

Keep in mind that Maryland follows a contributory negligence rule, meaning that you can be banned from recovering any damages even if you are found even slightly to blame for the accident. A strong record of evidence showing that the other driver was distracted and proof of your reasonable actions helps push back against this claim.

What Is Included in a Settlement for a Car Accident Claim?

A fair settlement should account for both financial losses and the personal impact of the crash. It may cover economic and non-economic damages, like:

• Medical bills, including ER visits, doctor care, therapy, prescriptions, and home health needs

• Future treatment and rehabilitation that your doctors expect you will need

• Lost income and reduced earning capacity if your injuries limit your work

• Car repair or replacement, diminished value, and other vehicle-related expenses

• Help with tasks you cannot manage, such as childcare, cleaning, or yard work

• Pain and suffering, loss of enjoyment of life, and emotional distress

• Scarring or disability

Schedule a Free Consultation With a Washington County, MD Distracted Driving Attorney

If you were injured by a texting driver in Washington County, you deserve someone who will fight for you, aggressively challenging pushback from insurers. At Serafini Law, our office is available 24/7, and we work on a contingency fee basis. That means that you do not pay unless we win your case. With over 12 years of experience, and led by an attorney who grew up in Hagerstown and remains active in the community, we give every case personal attention.

For trusted representation and a clear path forward, reach out today to schedule a free consultation with our dedicated Hagerstown, MD car accident lawyer.