Ohio’s Hands-Free Driving Law: What Happens If a Distracted Driver Injures You?

A driver glances down at a text. Someone picks up a phone to change a playlist. Another driver starts typing an address into a navigation app while moving through traffic.

It may take only a few seconds of distraction to cause a serious car accident in Cleveland or Northeast Ohio.

Ohio has strengthened its distracted driving laws in recent years, making it illegal in most circumstances for drivers to use, hold, or physically support an electronic wireless communications device while operating a vehicle. But what happens when someone ignores Ohio’s hands-free driving law and causes an accident that leaves you injured?

A traffic ticket may be only one consequence. The injured person may also have the right to pursue a personal injury claim against the distracted driver.

What Is Ohio’s Hands-Free Driving Law?

Under Ohio Revised Code §4511.204, a person generally cannot operate a motor vehicle on a street, highway, or property open to public vehicle traffic while using, holding, or physically supporting an electronic wireless communications device with any part of the body.

The law applies to more than simply texting while driving.

Depending on the circumstances, prohibited conduct can include manually using a phone to:

• Send or read text messages
• Type emails
• Browse social media
• Watch videos
• Dial or enter information
• Manually type an address into a navigation app
• Hold or support a phone while driving

Ohio law does provide specific exceptions. For example, drivers may use qualifying hands-free or voice-operated features. The law also allows certain single-touch or single-swipe functions when the device is not being held or supported. Other exceptions include certain emergency communications and permitted uses while stopped at a traffic signal.

The important takeaway is simple: Ohio drivers are expected to keep their attention on driving and their hands off electronic devices except where the law specifically permits their use.

Can You Sue a Distracted Driver Who Causes an Accident in Ohio?

Potentially, yes.

A violation of Ohio’s hands-free law may result in a traffic citation, but a traffic case and a civil personal injury claim are separate matters.

If a distracted driver’s actions cause a crash that injures you, you may be able to pursue compensation for accident-related losses such as:

• Medical bills
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Physical limitations
• Other losses resulting from your injuries

The specific compensation available depends on the circumstances of the accident and your injuries.

How Do You Prove the Other Driver Was Distracted?

This can be one of the biggest questions after a distracted driving accident.

A driver may admit at the scene that they were looking at a phone. Others may deny it once they realize they could be held responsible.

Evidence that may help establish distracted driving can include:

Police reports. An officer may record observations, witness statements, citations, or admissions made following the accident.

Witness statements. Another motorist, passenger, pedestrian, or bystander may have seen the driver looking down or using a device immediately before the crash.

Dashcam or surveillance footage. Video from another vehicle, nearby business, home security camera, traffic camera, or other source may help establish what happened.

Cell phone records and other electronic evidence. Depending on the circumstances and applicable legal procedures, records or other evidence associated with a driver’s device may become relevant to determining whether the device was being used around the time of the collision.

The driver’s own statements. What a driver tells police officers, witnesses, passengers, insurance companies, or others may become important evidence.

Crash evidence. Sometimes the circumstances themselves provide clues. A driver who never brakes, suddenly leaves a lane, runs a traffic signal, or rear-ends stopped traffic may have been distracted, although additional evidence may be necessary to establish why.

This is one reason preserving evidence quickly after a serious accident can be important.

What If the Distracted Driver Wasn’t Ticketed?

You should not automatically assume you have no case.

A police officer’s decision about whether to issue a citation does not necessarily determine who is legally responsible for damages in a civil personal injury claim.

Ohio law places specific limitations on when an officer may stop someone solely to enforce the hands-free statute. The law states that an officer must visually observe the person using, holding, or physically supporting the electronic device before making a stop for purposes of enforcing that section.

After an accident, there may be other evidence of distraction that was not personally observed by the responding officer.

That means no distracted driving ticket does not automatically mean no personal injury claim.

What If the Driver Was Using GPS?

Ohio’s hands-free law contains an exception for navigation, but that does not mean drivers have unlimited permission to manipulate their phones while driving.

Under Ohio law, a driver using a device for navigation generally cannot manually enter letters, numbers, or symbols while driving or hold or support the device with part of the body.

In other words, using GPS does not give someone permission to stare at a phone, type an address while driving, or otherwise drive unsafely.

Distracted Driving Isn’t Limited to Cell Phones

Ohio law also recognizes a broader concept of distracted driving.

Under Ohio Revised Code §4511.991, distraction can include certain activities unrelated to operating the vehicle that impair — or reasonably would be expected to impair — someone’s ability to drive safely.

That matters because a dangerous distraction does not always involve a text message.

Drivers can potentially become distracted by food, passengers, objects inside the vehicle or other activities that take attention away from safely operating the vehicle.

What Should You Do After Being Hit by a Distracted Driver?

If you believe distraction contributed to your Ohio car accident, try to preserve as much information as possible.

Seek appropriate medical attention and report the accident. If you can safely do so, photograph the vehicles, damage, roadway, traffic signals, skid marks, debris and surrounding area.

Write down anything you remember about the other driver’s behavior. If the driver said something such as “I didn’t see you” or admitted to looking at a phone, make a note of it while the details are still fresh.

Get contact information from witnesses whenever possible.

You should also keep records of your medical treatment, expenses, missed work and other ways the accident has affected your life.

Most importantly, don’t assume an insurance company will investigate every potential source of evidence on your behalf.

Frequently Asked Questions About Distracted Driving Accidents in Ohio

Is it illegal to hold your phone while driving in Ohio?

Generally, yes. Ohio law prohibits drivers from using, holding, or physically supporting an electronic wireless communications device while operating a vehicle, although the law contains specific exceptions.

Can I sue someone who was texting and driving in Ohio?

If another driver’s negligence caused an accident and injured you, you may have grounds for a personal injury claim. Whether compensation is available depends on the facts of your case.

Can drivers use GPS under Ohio’s hands-free law?

Ohio permits certain navigation use, but drivers generally cannot manually type information into the device while driving or hold or support the device with their body.

What if the driver who hit me wasn’t cited for distracted driving?

The absence of a citation does not necessarily prevent a personal injury claim. Civil liability and traffic enforcement are separate issues, and other evidence may help establish that distraction contributed to the crash.

What evidence can prove distracted driving?

Potential evidence may include police reports, witness testimony, video footage, driver statements, crash evidence, and, when legally obtainable and relevant, electronic or phone-related records.

Injured by a Distracted Driver in Cleveland or Northeast Ohio? Contact Zaber Law

A distracted driver can change someone’s life in seconds.

If you were injured in a distracted driving accident in Cleveland or Northeast Ohio, understanding your rights and identifying available evidence can be critical to your personal injury claim.

At Zaber Law, we help Ohio accident victims understand their legal options after crashes caused by negligent drivers.

Whether the other driver was texting, holding a phone, manipulating a navigation app, scrolling through social media, or otherwise failing to pay attention to the road, the circumstances deserve a thorough investigation.

If a distracted driver caused your injuries, contact Zaber Law to discuss your case and learn more about your legal options.