Texting and distracted driving laws in Maine

Maine banned handheld phones outright in 2019 and kept a separate, tougher texting statute. Here is what each rule says, what it costs, and how it affects a claim after a distracted-driving crash.

ThatCarHitMe.com Editorial
May 9, 2026
6 min read

If a driver looked at a phone instead of the road and hit you, Maine law is on your side in a way that is unusually clear. The state banned handheld phones outright in 2019, and it kept an older, separate texting statute on the books with heavier penalties. Knowing which rule applies, and what the numbers actually are, helps whether you are deciding to report the crash or building an injury claim.

Maine's handheld ban

Since September 19, 2019, it has been illegal to operate a motor vehicle on a public way while "using, manipulating, talking into or otherwise interacting with a handheld electronic device or mobile telephone."1 That language is broad on purpose. It covers texting, scrolling, dialing a call, and setting up a navigation app. The ban still applies when you are stopped at a red light or a stop sign, so shifting into park at an intersection is not a loophole.1

The rule came in through Public Law 2019, chapter 486.2 The fine is $50 for a first offense and $250 for a second or later offense.1 It is a primary offense: an officer can pull you over for the phone alone, with no other violation required.

Hands-free use is allowed, but only for a narrow group, namely drivers who are at least 18 and are not on a learner's permit or an intermediate license.1 A driver under 18, anyone holding a learner's permit, and anyone still on an intermediate license (the provisional license new drivers under 18 hold for their first 270 days) cannot touch the phone at all, not even in hands-free mode.3

A few exceptions exist. You can use a handheld device to reach law enforcement or emergency services in a genuine emergency, and you are clear if you have pulled completely off the road and stopped.1 Commercial drivers and school bus drivers operate under separate Federal Motor Carrier Safety Administration rules.1

The separate texting statute, and why it matters

Maine also has an older, more specific law aimed just at texting: 29-A M.R.S. section 2119, "Text messaging while operating motor vehicle."4 It survived the 2019 handheld ban and still carries the steeper penalty. A first texting violation draws a fine of not less than $250.4 A repeat within three years is not less than $500 and adds a license suspension of 30 days for a second offense, 60 for a third, and 90 for a fourth or later.4

So the same act, thumbing out a text at a stoplight, can be charged two ways. Under the general handheld ban it is a $50 ticket the first time. Under the texting statute it is a $250 minimum, climbing to $500 plus a suspension for anyone who does it again. For your injury claim, the fine is beside the point. What matters is that a texting citation is a documented finding that the other driver was doing exactly the thing that causes distraction crashes.

What counts as "distracted" under Maine law

Phones are the headline, but Maine's distracted-driving rule reaches further. Section 2118 defines operating "while distracted" as doing anything that is not necessary to running the vehicle and that "actually impairs, or would reasonably be expected to impair" safe operation.5 Eating, reaching for a dropped item, or turning around to deal with a passenger can all qualify.

That statute is titled "Failure to maintain control of a motor vehicle," and it is how distraction becomes a citable offense.5 A driver commits the infraction if, while distracted, they either commit another traffic violation or the crime of driving to endanger, or if they end up in a reportable crash that causes property damage.5 In plain terms, distraction on its own is hard to ticket, but the moment it produces a crash or another violation, it becomes a charge the officer can write and a fact your claim can lean on.

How common this is in Maine

Distracted driving is not a small problem here. In the University of Southern Maine observational survey that the state Bureau of Highway Safety runs each year, 3.7% of drivers were seen using a phone in 2024, up from 3.1% the year before.6 Handheld use (phone to the ear) rose to 1.8%, and hands-on manipulation of a phone rose to 2.5%.6 The Bureau called the increase "concerning given both the strong hands-free law and the decrease in dedicated patrols."6

Enforcement is real but stretched. During the 2024 federal fiscal year, 32 Maine police agencies ran overtime distracted-driving patrols, stopped 5,873 vehicles, and wrote 1,257 citations plus 1,516 warnings.6 The Bureau also reported that Maine exceeded its target for fatal crashes involving distraction that year. More people died in distraction crashes than the state had planned for.6 The national pattern looks the same. The National Highway Traffic Safety Administration counted 3,275 people killed and roughly 324,819 injured in distraction-related crashes in 2023.7

What it means for your claim after a crash

Maine is an at-fault state, so the distracted driver, through their insurer, is responsible for the harm they caused. Two Maine rules shape what you can recover.

First, comparative fault. Under 14 M.R.S. section 156, your own share of the blame reduces your recovery, and if a jury finds you "equally at fault," you recover nothing.8 In practice that is a 50% bar: you can be up to 49% responsible and still collect a reduced amount. A driver on the phone is the kind of clear fault that tends to keep your own share low.

Second, time. You generally have six years from the crash to file a personal injury or property damage lawsuit in Maine, under the general civil statute of limitations at 14 M.R.S. section 752.9 That is longer than many states allow, but waiting is still risky, because evidence like phone records and the other driver's device data gets harder to pin down as months pass.

Coverage matters too. Every Maine auto policy has to include at least $2,000 in medical payments coverage that pays your early treatment costs no matter who was at fault,10 plus uninsured and underinsured motorist coverage that cannot drop below 50/100.11 If the distracted driver carried only the state minimum of 50/100/25,12 your own UM/UIM coverage can be what actually pays for a serious injury.

If your car lost value even after a clean repair, that is a separate claim; see diminished value in Maine. To document the crash itself, the Maine crash report is the record that ties the other driver's citation to what happened on the road. And if the injuries go beyond a fender bender, it is worth talking to a Maine attorney before you give a recorded statement or accept an early offer.

This is general information, not legal advice.

Sources

  1. Maine Revised Statutes, 29-A M.R.S. §2121, Use of mobile telephones and handheld electronic devices while operating motor vehicles prohibited. https://legislature.maine.gov/statutes/29-a/title29-Asec2121.html

  2. Maine Legislature, Public Law 2019, Chapter 486, An Act To Prohibit the Use of Handheld Phones and Devices While Driving. https://www.mainelegislature.org/legis/bills/bills_129th/chapters/PUBLIC486.asp

  3. Maine State Legislature Law Library, What is Maine's law on distracted driving / text messaging? https://legislature.maine.gov/lawlibrary/what-is-maines-law-on-distracted-driving-text-messaging/9460

  4. Maine Revised Statutes, 29-A M.R.S. §2119, Text messaging while operating motor vehicle; prohibition. https://legislature.maine.gov/statutes/29-a/title29-Asec2119.html

  5. Maine Revised Statutes, 29-A M.R.S. §2118, Failure to maintain control of a motor vehicle. https://legislature.maine.gov/statutes/29-a/title29-Asec2118.html

  6. Maine Department of Public Safety, Bureau of Highway Safety, FFY2024 Annual Report (USM Distracted Driving Observational Survey and enforcement results). https://www.maine.gov/dps/sites/maine.gov.dps/files/inline-files/FFY24%20MeBHS%20Annual%20Report.pdf

  7. National Highway Traffic Safety Administration, Distracted Driving. https://www.nhtsa.gov/risky-driving/distracted-driving

  8. Maine Revised Statutes, 14 M.R.S. §156, Comparative negligence. https://legislature.maine.gov/statutes/14/title14sec156.html

  9. Maine Revised Statutes, 14 M.R.S. §752, Six years (general civil statute of limitations). https://legislature.maine.gov/statutes/14/title14sec752.html

  10. Maine Revised Statutes, 29-A M.R.S. §1605-A, Medical payments coverage. https://legislature.maine.gov/statutes/29-a/title29-Asec1605-A.html

  11. Maine Revised Statutes, 24-A M.R.S. §2902, Uninsured and underinsured vehicle coverage. https://legislature.maine.gov/statutes/24-a/title24-Asec2902.html

  12. Maine Revised Statutes, 29-A M.R.S. §1605, Financial responsibility required (minimum liability limits). https://legislature.maine.gov/statutes/29-a/title29-Asec1605.html

About This Guide

Written by: ThatCarHitMe.com Editorial

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