Distracted driving puts everyone on the road at risk. Whether it’s texting, scrolling, or taking a call, these actions can lead to devastating crashes in a matter of seconds. Failure to pay attention to the road can lead to delayed reaction times, impaired judgment, and an increased risk of serious accidents. If you were hurt by a distracted driver, you may be entitled to pursue compensation in a personal injury action for the driver’s violation of the Ohio distracted driving law.
What Is Distracted Driving Under Ohio Law?
Ohio’s distracted driving law makes it illegal to hold or use a cell phone or electronic device while operating a motor vehicle. This includes holding a phone in your hand, lap, or against your body. Specifically, the following actions are considered illegal distracted driving behaviors:
- Dialing a phone number
- Texting
- Browsing social media
- Using the internet
- Watching videos
- Video calls
- Playing games
- Recording videos
Drivers are permitted to listen to streaming apps and use navigational assistance if these features are activated before driving. Additionally, drivers over 18 may make and receive calls as long as they are using a hands-free device.
Recent Updates to the Ohio Distracted Driving Law
Under the Ohio distracted driving law, the police can stop a driver solely for holding or using a phone while operating a vehicle. However, there are exceptions to this law—a driver is permitted to talk on the phone using a hands-free device, such as an earpiece, speakerphone, or electronic watch. Drivers are also allowed to make a call in the event of an emergency to contact law enforcement, a hospital, or the fire department.
What Are the Penalties for Distracted Driving in Ohio?
The penalties for distracted driving in Ohio are as follows:
- First offense within two years: Two points assessed to the driver’s license and a fine up to $150.
- Second offense within two years: Three points assessed to the driver’s license and a fine of up to $250.
- Third or subsequent offense within two years: Four points assessed to a driver’s license and a fine up to $500; a 90-day license suspension may also be imposed.
Work zones carry steeper penalties. If a driver violates the law in a construction or maintenance zone, the fines can double.
What Happens if I Get Into an Accident with a Distracted Driver?
If a distracted driver caused your accident, you may be entitled to compensation—even if you share some of the blame. Ohio law protects victims by recognizing distracted driving as a clear safety violation. In many cases, you do not need to prove negligence, since the distracted driver broke a law designed to prevent this type of harm.
In addition, even if your own negligence contributed to the accident, you may still be eligible to recover damages. Under Ohio’s comparative negligence law, you can still recover compensation for your injuries if you are 50% or less at fault. In the event you are more than 50% responsible, you would be barred from recovering compensation.
An experienced car accident attorney can assess the facts of your crash, determine liability, and help ensure you are not unfairly blamed by the other driver or their insurer.
What Steps Should You Take After a Distracted Driving Accident?
If you were injured in a crash caused by a distracted driver, the steps you take immediately after the accident can protect both your health and your right to compensation. Here’s what Attorney Justin Lawrence recommends:
“Call the police and stay to give them your view of what happened. Take a picture of the other person’s insurance card and license plate. Also take pictures of the damage to the cars and where the cars are on the road. If you’re too hurt to do that, ask someone else to. If there are bystanders, ask for their names and phone numbers. Go to the doctor as soon as possible to get checked out. Look at your auto insurance and make sure the premium is paid. Find your “declarations page” to figure out how much coverage you have (in case the other person doesn’t have any).”
These actions not only create a strong record of what happened but also ensure you have the documentation your attorney needs to build a solid case. Once you’ve received medical attention and collected preliminary information, reach out to a personal injury lawyer as soon as possible. They can advise you regarding the proper course of action to take, answer any questions you have about the claims process, and help you seek full compensation.
Contact an Ohio Distracted Driving Accident Attorney
At Lawrence & Associates Accident and Injury Lawyers, LLC, we are committed to standing up for Cincinnati and Northern Kentucky families who have been harmed by distracted drivers. We understand how overwhelming the aftermath of an accident can be—and we are here to guide you toward healing and justice.
Call us today at 513-951-6723 for a free, confidential consultation or fill out our online form to get started. Let us fight for the compensation you deserve while you focus on recovery.
