Maryland Accident Law Blog
Last updated July 13, 2026 · Reviewed by the attorneys at Lebowitz & Mzhen
A driver glancing at a phone for a few seconds at highway speed travels the length of a football field essentially blind. Maryland has treated that danger seriously enough to write a law around it. As the state’s Zero Deaths Maryland safety campaign documents, distracted driving remains a leading cause of crashes across the state, and the toll on Maryland roads has been climbing. “Jake’s Law” was the legislature’s answer to a gap in how the law punished it. Understanding what that law does, and what it does not do for an injured victim, helps explain the difference between a driver’s day in traffic court and a family’s path to recovery.
What Jake’s Law Actually Does
Before Jake’s Law, a driver who killed or seriously injured someone while using a handheld phone often faced little more than a modest traffic fine. The law closed that gap by creating enhanced penalties for causing death or serious injury while using a handheld device, allowing exposure of up to one year in jail and up to $5,000 in fines under Md. Code, Transp. § 21-1124.3. This sits on top of Maryland’s broader rules, which bar drivers from holding a phone while driving and prohibit texting behind the wheel. The message of the law is that distraction is not a harmless habit but a choice with real consequences when it hurts someone.
Criminal Penalties and a Civil Claim Are Not the Same
A driver charged under Jake’s Law is in a criminal or traffic proceeding, and any fine or jail sentence goes to the state, not to the person who was hurt. Compensation for an injured victim comes through a separate civil claim. The two run on different tracks with different standards of proof, and one does not substitute for the other. A conviction or citation can be useful evidence that a driver broke the law, but even without one, an injured person can still pursue a civil claim if the driver’s distraction caused the crash. Knowing how these tracks interact matters for anyone hurt by a driver who was not watching the road, and it shapes how Maryland injury claims are pursued.
Proving a Driver Was Distracted
Distraction usually leaves a trail, even when a driver denies it. Phone records can show a call or text at the moment of impact. Witnesses may have seen the driver looking down. A driver sometimes admits it at the scene, and the physical evidence of a crash, such as the complete absence of braking before impact, can support the conclusion that the driver never saw what was ahead. Vehicle data and any nearby camera footage add to the picture. Assembling that proof early, before records are lost and memories fade, is often what separates a strong claim from a contested one.
What a Distracted-Driving Victim Can Recover
An injured person in Maryland may be able to recover for medical bills, future care, lost income, diminished earning capacity, and the pain and disruption a serious injury brings. When a distracted driver causes a death, surviving family members may have their own claim. Maryland generally allows three years to file a personal injury lawsuit under Md. Code, Cts. and Jud. Proc. § 5-101, but the value of acting sooner is practical, not just procedural. The evidence that proves distraction is the first thing to disappear, and protecting it early protects the claim.
At Lebowitz & Mzhen Personal Injury Lawyers, we see the aftermath of a moment of distraction, a family absorbing medical bills, lost income, and a long recovery because someone else could not put down a phone. We know how to obtain the records that expose distracted driving and how to build a claim that reflects the full weight of what an injury has cost. Our attorneys have advocated for injured Marylanders across the state, and we believe a driver who chose distraction over attention should answer for the harm that choice caused. When you are hurt, we carry that fight so you can focus on healing.
Talk With a Maryland Injury Lawyer About Your Crash
If a distracted driver injured you or took the life of someone you love anywhere in Maryland, Lebowitz & Mzhen Personal Injury Lawyers can review what happened and explain your options at no cost. Call (800) 654-1949 or reach out through our online contact form to speak with an attorney who will help you understand the difference the law can make for your recovery.