Car Accident Lawyer Texting Illegal


Our car accident lawyers have had several cases in Minnesota where the other driver was texting while driving. There is no question that texting while driving can result in a car crash.  The other driver who is texting is not looking at the road ahead and if a traffic light changes to red, or cars slow down, someone will be rear ended. Unfortunately, these vehicle crashes can produce bad injuries because the texting driver is so distracted he doesn’t even try to slow down to avoid the auto accident.

Car Accident Driver Texting
Car Accident Driver Texting

In many cases that don’t settle early with the insurance company, our top car accident lawyers always request the other driver’s cell phone records and try to get a printout of their text message usage just before the crash. If our client actually saw the other driver texting, our car accident lawyers will also try to turn the matter over to the police. Texting is definitely illegal in Minnesota, although we are skeptical about how frequently it is prosecuted. The worst offenders seem to be teenagers. Here is the texting while driving statute:

169.475. Use of wireless communications device

Subdivision 1. Definition. For purposes of this section, “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

Subd. 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

Subd. 3. Exceptions. This section does not apply if a wireless communications device is used:

(1) solely in a voice-activated or other hands-free mode;

(2) for making a cellular phone call;

(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person’s life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.


If you have been injured in a car accident because the other driver was texting, call our office and speak with a lawyer for a free consultation. Pam Rochlin and David Rochlin are Minnesota personal injury lawyers with more than 25 years of experience. We have successfully represented hundreds of people injured in a car accident. A top car accident attorney will discuss your case with you, answer your questions, and explain your rights.

Our MN auto accident lawyers are happy to meet with you at our office or your home for a free consultation. Our lawyers will meet with you to discuss your hit because the other driver was texting while driving car accident case at our offices in Minneapolis MN, St. Louis Park, Woodbury, and Edina.  A best car accident injury lawyer will also come to your home in St. Paul MN, Chanhassen, Chaska MN, and Eden Prairie. We also come to Maple Grove, Rogers, Brooklyn Park, Bloomington, Richfield, Apple Valley, Roseville MN, Maplewood, and other surrounding cities in Minnesota. There is no obligation on your part, and you never pay us anything unless you receive compensation for your injury.