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Texting While Driving Accident Claims in Ohio

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Texting-Related Car Crash? Win Compensation for Their Negligence.

Distracted driving has always been a leading cause of accidents on the road. The spread of cell phones only made it worse. Texting on a phone steals drivers’ attention when they need to be on focused driving safely.

The Ohio Traffic Safety Office even said texting while driving increases your chances of a crash by a whopping 23 times.

Lawmakers in Ohio saw the problem and made changes. Since October 2023 a new distracted driving law has made it illegal to text on a phone or any wireless communication device when behind the wheel.

Focusing on a device while in motion is now a primary offense, meaning an officer doesn’t need another reason to pull you over besides catching you looking down at a phone.

So far, the law seems to be working. The Ohio Department of Transportation reported 1,112 fewer distracted driving crashes—and 15,400 fewer accidents overall—in the year after the law went into effect.

Of course, people still text and drive. The Ohio State Highway Patrol (OHSP) has logged more than 5,700 distracted driving crashes, including ones involving texting, from October 2023 to 2024, with more than 260 resulting in serious injuries or death.

If you were hurt by a distracted driver, you have every right to be incensed. Everyone should know better.

At Horenstein, Nicholson & Blumenthal (HNB) we pride ourselves on holding people accountable for endangering others and getting you compensation you deserve to put your life back together.

HNB personal injury attorneys have secured more than $500,000,000.00 in awards, benefits and settlements for injured Ohioans over 40 years.

If you live in Cincinnati, Cleveland, Columbus, Dayton or anywhere in Ohio, our car accident lawyers will fight for you after a distracted driving injury, whether it’s confronting an insurance company, or the other driver in court.

At the end of the day, we want you to say, “Helping me. That’s HNB.”

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    How To Prove Negligence in a Texting-Related Car Crash

    When a car crash happens, it takes an investigation to determine who was at fault.

    Ohio is a comparative negligence state, meaning all the drivers involved could shoulder some of the blame.

    To prove negligence in a texting while driving accident claim, the offending driver must be found responsible for more than 50 percent of the accident.

    Because texting increases the risk of an accident, if the other driver is found to be texting during a crash, your chances of getting compensated go up.

    You’ll have to gather evidence that demonstrates the accident involved phone use. There are several ways to do this, including:

    Witnesses: Find people who saw the accident and can attest to seeing the other driver looking at their phone.

    Camera footage: Businesses near the accident site may have captured it on video. This could show the other driver was looking at a phone when the crash occurred.

    Cell phone records: You can obtain the other driver’s cell phone records, which will show when texts were sent, and phone calls made. If these activities happened at the same time as the crash, you may have a strong case that distracted driving contributed to the accident.

    Getting cell phone records takes more than simply asking. Often you need a lawyer to make that request through a court order.

    At HNB, our team of personal injury lawyers are experts in phone use car accidents. We’ve helped thousands of injured Ohioans. You only pay your car accident attorney out of the compensation that you win.

    Give us a call and we can evaluate your case for free.

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    Are There Exceptions to the Distracted Driving Law?

    Banning texting while driving—and making violations enforceable—is a great move for safety. What happens if an emergency pops up while you’re driving, and you need to use your phone?

    Ohio law is very specific about banning the manual typing of letters, numbers, or symbols into a phone or supporting the phone with any part of your body while behind the wheel—basically singling out texting.

    The law carves out exceptions for other phone uses.

    Contacting emergency personnel is allowed. Drivers can make phone calls as long as they don’t enter numbers manually. That means using the hands free, voice-activated features in a vehicle is OK. Drivers can even hold the phone to their ear to talk—as long as they don’t enter numbers by hand.

    If you were injured in a phone use car accident, you have a right to pursue financial compensation to manage the costs of your injuries and repair the accident’s impact on your life.

    At HNB, we can help you gather evidence and build a case to show the negligent driver was distracted by texting on a phone.

    It’s easier said than done, which is why our experience and legal skills can be a great asset for you to win back what the accident took away.

    Let’s get to work putting your car accident behind you.

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