When one thinks of distracted driving, most people think of people on their phones, texting or engaging in conversation.
According to the National Highway Traffic Safety Administration (NHTSA), an estimated 600,000 people drive their cars nationwide while using a cell phone. If you’ve been hurt by a driver that was texting and driving, contacting an attorney with knowledge of Ohio texting and driving laws.
Ohio Distracted Driving Laws
In Ohio, individuals under the age of 18 are prohibited from using cell phones while driving. Additionally, Ohio driving laws prohibit minors with temporary permits or probationary driver licenses from using any wireless electronic device, including mobile phones, tablets, or laptops. Offenses by those under the age of 18 result in severe consequences. Those caught as distracted drivers face up to a 60-day suspension of their license. Additionally, first offenders are charged a fine of $150. Second offenses result in a $300 fine and a year-long suspension of your license.
Ohio distracted driving law is slightly less restrictive for drivers over the age of 18. Texting or emailing on the phone is still prohibited; however, Ohio distracted driving law permits drivers over 18 to talk on the phone while driving. Banning texting and emailing under Ohio texting and driving laws is intended to prevent distracted driving.
Texting and emailing while driving requires drivers to look away from the road. Even looking away from the road for a second may result in catastrophic consequences. A texting violation may result in a reckless driving conviction. Someone held responsible for a death resulting from distracted driving may be charged with manslaughter.
Who Is Responsible in the Event of an Accident?
If a distracted driver caused your car accident, Ohio distracted driving law allows you to recover compensation for your damages. However, to prevail, you must prove that the driver was negligent in causing your accident. Compensation recovered in distracted driving accidents includes pain and suffering, medical care, lost wages, and property damage. Information that strengthens your case for distracted driving consists of the following:
- Police reports,
- Eyewitness testimony and reports,
- Recorded evidence from camera footage, and
- Information provided by expert accident reconstructionists.
You have a right to recover for the losses you suffered as a result of someone driving in violation of Ohio texting laws.
What Should You Do If You Were Hit by a Driver Who Was Texting and Driving?
If hit by a driver that you believe was texting and driving, it’s essential to do the following.
Call 911
It’s important to get any injuries checked out right away. Even if no one is injured, police responding to the scene write a report documenting the accident. This can be important to your later accident claim.
Collect Information
Attempt to collect as much information as you can at the scene of the accident. Be sure to write down all the information of the driver that hit you, including their name, insurance information, driver license number, and telephone number. You may also wish to take down the statements of any eyewitnesses at the scene of the accident.
Take Photos
Be sure to take photos of the accident as it occurred. These photos may be necessary if an accident reconstructionist needs to recreate the scene of the accident.
Contact a Lawyer
Contact a personal injury lawyer with knowledge of Ohio texting laws to protect and defend your rights.
It may be challenging to think clearly after an accident, and even more difficult if you suffer an injury. However, following these steps may protect you in future lawsuits.
We’re Here to Answer Your Questions
If you’ve been involved in a car accident and believe the driver was texting and driving, contact attorney Aaron Bensinger to discuss your case. Recognized as a Rising Star by Super Lawyers in both 2014 and 2015, Aaron has dedicated his career to representing victims of negligence. The attorneys at Bensinger Law possess in-depth knowledge of Ohio texting and driving laws and work to defend personal injury victims’ rights.
If you are involved in an accident with a distracted driver, contact Aaron Bensinger of Bensinger Law today to begin building your case and laying the foundation for your recovery.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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