Minnesota’s hands-free cell phone law has been in effect since August 1, 2019. Understanding what this law requires and what it prohibits is essential for any driver in the state of Minnesota who wants to avoid trouble.
In just the first five months after it took effect, law enforcement issued more than 9,700 tickets statewide. Fighting a citation in court is rarely successful. According to court records reviewed by the Minnesota Star Tribune, less than two percent of cited drivers had their tickets dismissed, while more than 75 percent saw their tickets and fines upheld.
If you’ve been hit by a distracted driver and need to understand what to do after your accident, including when to contact attorneys and how to approach your claim, keep reading.
What Does Minnesota’s Hands-Free Law Say
Under the rules laid out in Minnesota’s Hands-Free Law, drivers in the state of Minnesota are only allowed to touch their cellphones one time or use voice-activated commands when attempting to make calls, send text messages via voice, get directions, or listen to music while driving. Touching the phone multiple times to do any of these things is against the law.
Drivers are not allowed to hold a phone in their hand unless it is an emergency or life-threatening situation. Some other phone-related activities that are prohibited under the new law are: video chatting, live-streaming video, looking at videos or photos, Snapchat, gaming, reading text messages, typing, scrolling, and using non-navigation apps.
Exceptions to the Rule
Using a GPS is allowable, if the device can only be used for this purpose. In-car screens can also be used; however, these systems are usually programmed to lock when the car is in motion.
Although law enforcement agencies have been implementing a more hands-free approach to cellphone usage, any person performing official duties in an authorized emergency vehicle can legally hold a phone.
The law treats smart watches as communication devices, so they fall under the same restrictions as cellphones. A driver can look at his or her watch to check the time, however, one-touch or voice activation must be used for any other activities.
How Does Minnesota’s Hands-Free Law Support My Distracted Driving Injury Claim?
Minnesota’s hands-free law gives injury victims a real advantage when it comes to proving liability after an accident with a distracted driver. Because the law spells out exactly what drivers can and cannot do with their phones, it removes much of the ambiguity that once made distracted driving claims difficult to prove. If a driver was holding their phone, scrolling, or otherwise violating the statute at the time of the crash, that violation can serve as strong evidence of negligence.
You can learn more about how this works in our related post on proving distracted driving in Minneapolis crashes.
The law can also work in your favor beyond the civil claim itself. If the at-fault driver faces criminal charges for violating the hands-free law, that citation or conviction can become useful leverage during settlement negotiations. Insurance companies are often more willing to settle fairly when there’s a documented violation tying the driver to reckless or careless behavior behind the wheel.
Hit By a Distracted Driver in Minnesota? Contact a TSR Attorney Today.
Breaking Down the Numbers on Hands-Free Law Violations in Minnesota
Of the 9,700 cellphone violations, there were over 2,100 drivers who were cited for playing games, watching videos, or using other apps. Over 3,000 drivers were caught reading or writing an electronic message and most of the rest of the offenders were holding a cellphone while talking, video chatting, or dialing a phone number.
Most offenders were between the ages of 30 and 49 with a total of 4,394 citations. Drivers between the ages of 16 and 29 comprised the second largest group with a total of 3,414 violations. Most of the rest of the citations were given to drivers between the ages of 50 and 75.
In all three age groups, men outnumbered women in the total number of violations. In the 30 to 49 age group, 54 percent of the violators were male. In the second largest group (ages 16-29), 55 percent of the offenders were male.
What Are the Penalties?
The first offense comes with a $120 fine, and the fine jumps to $300 for each subsequent offense. This includes court fees.
Law enforcement officials must prove beyond a reasonable doubt that a driver disobeyed the law, however, it is much easier to prove because of the clarity of the law and how it explains what is allowed and what is prohibited. Police can also use dashcam video footage as evidence to prove that you were holding your cellphone while driving.
Contact a Licensed Attorney for Legal Assistance
If you or someone you know was injured in a car accident that was caused by a distracted driver, we recommend contacting a licensed attorney. Compensation may be available for medical expenses, pain and suffering, and any property damage.
The Minneapolis car accident lawyers at TSR Injury Law are prepared to hear the details of your accident in a complimentary consultation. There are no upfront or hidden fees and you are not obligated to have us represent your claim.
Our phone lines are open 24/7 to take your call. Phone: (612) TSR-TIME.
