Judge Issues Cell Phone Ban for Driver who Killed Bicyclist

Last updated on March 27th, 2026 at 12:59 pm

At Hardy, Wolf & Downing, we are convinced that many motorists in our state and throughout the country don’t understand the responsibility they have to avoid distractions such as cell phone use when they get behind the wheel.

And we have seen the consequences in lives lost or damaged due to distracted driving accidents when drivers chose to text or talk while behind the wheel. For many victims, filing a texting and driving accident lawsuit in Maine is an effective method to hold negligent motorists accountable for their actions.

We recently took note of an unusual let the punishment fit the crime” ruling, in which a Michigan judge ordered that a woman who struck down and killed a cyclist while distracted by her cell phone may not own or use any type of portable electronic device for a period of two years. Mitzi Nelson will also serve at least 90 days in jail and two years’ probation, as well as pay $15,000 in restitution. Judge Stewart McDonald stated about the ban, “I don’t think she has a right to have a cellphone. I think it’s a privilege.”

Legal recourse available to texting and driving victims

All Maine drivers are prohibited from texting while driving and violators may be fined if they are caught doing so. However, if texting and driving results in a car accident, this may be a factor that a judge and jury will consider in terms of the appropriate penalties. Clearly, a motorist who texts and drives bears significant responsibility for such an accident. And while he or she can never completely reverse the damage done in the case of a wrongful death or serious injury, such motorists owe victims and their families monetary damages for all related losses, which may be best recovered through litigation.

If you were hurt in a crash that involved a texting or distracted motorist, our Maine car accident lawyers will fight for maximum compensation. While a cellphone ban is one appropriate response to irresponsible and distracted driving practices, offending motorists also owe compensation to the people they have injured with their actions.

Maine distracted driver accident lawyers you can count on

Hardy, Wolf & Downing is a law firm that has been representing the interests of Maine residents for more than 30 years. We help injury victims in the Portland, Lewiston, Auburn, and Bangor areas.

Statistically, distracted driving results in about as many accidents as drunk driving and people who text while driving need to be held liable for their negligence. Contact our offices at 888-915-5269 to set up a no-cost case evaluation with one of our car accident attorneys in order to better understand your legal options.

The information contained herein is meant for general information only and should not be relied upon as legal advice. There are exceptions and exclusions that may not be reflected here. Any legal matter or potential claim should be discussed with a lawyer licensed to practice in the State of Maine. Contact us to learn more.
author avatar
Hardy Wolf and Downing
Since 1976, Hardy, Wolf & Downing has served as a tireless advocate for injured Mainers, growing from a local Lewiston practice into one of the state’s most respected personal injury law firms. With offices in Lewiston and Portland, the firm specializes in auto accidents, premises liability, and complex personal injury litigation. Distinguished by a "courtroom-ready" philosophy, the HWD legal team is prepared to take every case as far as necessary to secure justice, a commitment that has resulted in over $500 million recovered for their clients to date.