Ohio's Distracted Driving Law: What Drivers and Accident Victims Need to Know

Distracted driving is a leading cause of car accidents in Ohio. With the recent implementation of stricter hands-free laws, the legal landscape surrounding these crashes has shifted significantly. If you were injured by a driver who was texting, talking, or otherwise distracted, understanding these laws is crucial to your recovery.

Ohio's Hands-Free Law: What Changed?

In 2023, Ohio enacted a comprehensive hands-free law (O.R.C. Section 4511.204), making it illegal to use, hold, or physically support an electronic wireless communications device while driving. This is now a primary offense, meaning police can pull a driver over solely for holding a phone.

The law prohibits:

• Dialing a phone number
• Sending or reading text messages
• Browsing the internet or social media
• Watching or recording videos
• Holding a phone while talking

There are limited exceptions, such as using a device for emergency calls or using a single touch or swipe to answer a call while the device is mounted.

How the Law Impacts Your Personal Injury Claim

The new hands-free law makes it easier to establish negligence in a personal injury claim. If a driver violates a traffic law and causes an accident, they are generally considered negligent "per se" (negligent as a matter of law).

If we can prove the other driver was holding or using their phone at the time of the crash, establishing liability becomes much more straightforward. This shifts the focus of the case from "who is at fault" to "how much compensation are you owed."

Proving Distracted Driving

Drivers rarely admit they were texting when they caused a crash. Proving distracted driving requires aggressive investigation and the preservation of critical evidence.

An experienced personal injury attorney will use several methods to prove distraction:

• Cell Phone Records: We can subpoena the at-fault driver's cell phone records to show exactly when texts were sent, calls were made, or data was used.
• Police Reports: Officers are trained to look for signs of distraction and will note them in the crash report.
• Witness Testimony: Passengers, bystanders, or other drivers may have seen the driver looking down at their phone.
• Traffic and Dash Cameras: Video footage can often capture a driver holding a device in the moments before impact.
• Event Data Recorders (Black Boxes): Vehicle data can show if the driver failed to brake or take evasive action, which is a strong indicator of distraction.

Types of Distractions

While cell phones are the most common culprit, distracted driving encompasses any activity that diverts attention from the road. The National Highway Traffic Safety Administration (NHTSA) categorizes distractions into three types:

1. Visual: Taking your eyes off the road (e.g., looking at a GPS or a passenger).
2. Manual: Taking your hands off the wheel (e.g., eating, drinking, or adjusting the radio).
3. Cognitive: Taking your mind off driving (e.g., daydreaming or arguing with a passenger).

Texting is particularly dangerous because it involves all three types of distraction simultaneously.

Compensation for Distracted Driving Victims

If you are injured by a distracted driver, you are entitled to compensation for all your losses, including:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage

In cases involving extreme recklessness, punitive damages may also be available to punish the at-fault driver and deter similar conduct.