In 2023, Governor DeWine signed Ohio’s Distracted Driving Law into law, making it illegal to use or hold a cell phone or device in your hand, lap, or other parts of your body while driving on Ohio’s roads. This ruling has been effective because, in 2024 (one full year after the law was enacted), the state recorded a 12% reduction in distracted-driving crashes and a 19.4% reduction in fatalities. While this downward trend is positive, distracted drivers still pose a significant risk on Ohio roadways. That’s why if you’re involved in an accident caused by a distracted driver, you should call an Ohio distracted driving accident lawyer right away.
Distracted Driving Defined in Ohio
Under Ohio law, specifically Revised Code 4511.991 and 4511.204, distracted driving is defined as “engaging in any non-essential, voluntary activity while operating a vehicle that impairs—or reasonably would be expected to impair—the ability to drive safely. As of April 2023, this includes holding or using any electronic wireless communication device.“ The law permits hands-free, voice-commanded, or GPS usage, but any manual, handheld, or distracting behavior is subject to penalty. Drivers under age 18 are prohibited from using any handheld device.
Ohio law enforcement can pull over drivers whom they suspect are violating the distracted driving law, as it is considered a primary offense. The driver doesn’t have to be committing any other type of moving violation. The first offense can result in a $150 fine and points on the driver’s license. Subsequent offenses carry fines of up to $500 and additional penalty points. Drivers may be able to negotiate reduced penalties by taking a driving course.
While cell phones are the most widely cited culprit behind distracted driving, other types of driver distractions include:
- Eating and drinking
- Applying makeup, shaving, brushing/combing hair
- Adjusting the sound system, GPS, and climate control
- Interacting with children, pets, and other passengers
- External (billboards, signs, traffic accidents)
The scope of distractions is rather broad but can be summed up as “Any activity that is not necessary to the operation of a vehicle” that impairs, or could impair, safe driving.”
The most common types of distracted driver accidents are:
- Rear-end collisions that occur when a driver fails to stop in time;
- “T-bone” collisions at intersections from running a red light or stop sign while distracted;
- Pedestrian and cyclist who are struck at intersections or crosswalks;
- Multi-vehicle pileups caused by sudden braking or changing lanes suddenly (especially at exits);
- Fixed-object collisions which can occur by running off the road and striking poles, trees, etc.; and
- Work-zone collisions, especially where a worker is struck. Fines and penalties automatically double if a distracted-driving accident occurs in a work zone.
Distracted drivers can cause serious injuries and even death. Other common injuries include:
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries
- Paralysis
- Broken bones and fractures
- Lacerations and resulting scars and disfigurement
- Internal bleeding and organ damage
- Whiplash and soft tissue injuries
- Psychological trauma and PTSD
With these potential serious injuries, distracted driving accident lawyers advise clients to seek medical care as soon as possible after an accident. Should you decide to pursue a legal claim, you will need to have your injuries documented by a healthcare professional.
Important Steps to Take
After being involved in a distracted driving accident, you should take the following steps:
- Call 911. To file a claim for damage to your vehicle and to support any litigation, it is best to have a police report.
- Collect evidence by taking photos of the vehicles and road conditions, but only if it’s safe to do so. Gather any witness information.
- Exchange insurance information with the other driver. Restrict conversation with the other driver to exchanging insurance information only. Don’t discuss details of the accident, because if you are found even partially at fault, it will be held against you based on Ohio’s comparative fault system. If you are found to be 51% or more at fault, you may not have a case.
- Contact a distracted driving injury attorney to get the process started and to preserve evidence
- Do not speak with the other driver’s insurance company
Liability For Distracted Driving Accidents in Ohio
Distracted drivers can be held liable for damages such as medical bills, lost wages, and pain and suffering. Once you’ve established a relationship with a distracted driving attorney, their job is to prove that the other driver breached their duty of care, which may include “negligence per se.” This means that they broke a specific written law (for instance, Ohio’s Distracted Driving Law). Your distracted driving lawyer will gather cell phone records, medical records and bills, the police report, first responders’ reports, witness statements, and other relevant supporting data. They may also try to find video surveillance. Typically, they will file a claim for damages against the other driver’s insurance company. If that fails, the next step is to file a civil lawsuit against the other driver. It’s essential to follow your attorney’s advice carefully. Avoid discussing the case on social media. During this time, you should focus on your recovery while letting your attorney handle the details and prepare your case.
Let Our Distracted Driver Legal Team Review Your Case
If you have been injured in a distracted driving accident, contact Oliver Law Office at 614-220-9100 or use our online contact form. You can schedule a free consultation with one of our distracted driving accident attorneys who will review your case. And there are no upfront fees; we’re a contingency-based firm, which means we only get paid a fee if we win your case and deliver the justice you deserve.
