In Ohio, it has long been illegal for drivers to fail to maintain an assured clear distance in front of them or to fail to maintain control of their vehicles. Since April 2023, under Ohio’s distracted driving law, R.C. 4511.204, it has been illegal to use a handheld device while driving. Since October 2023, using a handheld device while driving has become a primary offense, where police officers can stop a driver using their phones or other devices solely for that reason. According to guidance issued by the Ohio Department of Public Safety, it is illegal to use or hold a cell phone while driving in one’s hand or lap or other body parts while driving. According to the same guidance, it is illegal to dial a phone number, send a text, interact with social media, or watch videos, including video conferencing or otherwise. In most cases, drivers are solely permitted to make and receive calls using hands-free equipment, such as a headset or speakerphone. However, performing any activity beyond one swipe on a phone is likely to be considered a violation of the law. The law does contain certain exceptions, such as calling to report an emergency or using a phone while stopped at a red light. Since October, criminal penalties have been enforced under the new law, including two points and a $150 fine for a first offense, all the way up to four points, a $500 fine, and a 90-day suspension of driver’s license for a third offense within two years.
The Ohio State Highway Patrol has maintained statistics on distracted driving since at least 2019. According to the Highway Patrol, in September of 2023, immediately before imposition of criminal penalties, troopers were citing approximately 12-13 people per day for violations of the distracted driving law. After October 1, criminal penalties immediately jumped to around 50 per week and in 2024 have been around 60-70 per week. In 2024, as of February 19, 2,291 violations have been issued by the Patrol for only the first month and a half of this year.
At the same time, the number of crashes caused by distracted driving appears to have markedly fallen. According to OSHP statistics, crashes classified as “serious injury or fatal crashes” are currently down 60% in 2024 compared with 2023.
The Patrol explains in brochures and on its website that distracted driving affects a driver in three ways. Visual distractions take a driver’s eyes off the road. Manual distractions like holding a device or eating food involve drivers taking their hands off the wheel. Cognitive distractions take drivers’ thoughts and focus off of driving. Operation of a hand-held device while driving can represent all three types of distractions.
Crashes caused by distracted driving under the criminal law are likely to be handled differently than ordinary crash cases. Under Ohio’s civil law, drivers who engage in dangerous behavior like operating a vehicle while intoxicated are liable not only for harm they cause but can also be held liable for punitive damages above and beyond an award of compensatory damages. As of February 19, 2024, no reported Ohio cases have yet been issued explaining whether a violation of the new distracted driving law can also lead to an award of punitive damages. However, it seems likely that attorneys representing individuals who have been injured in crashes caused by a willfully distracted driver will seek such damages. If it is proven that the violation of the distracted driving statute specifically caused the automobile crash in question, trial courts will very likely allow the issue of whether to award punitive damages to be decided by jurors in civil trials.
Attorneys Christian Patno and Colin Ray regularly represent individuals who have been seriously injured in distracted driving crashes caused by drivers who were knowingly using their phones or were otherwise distracted or operating their vehicles unsafely at the time of a crash. Evidence from the phone as well as the hard drive from the vehicle which the phone may have been connected with Bluetooth must be preserved and obtained. Unfortunately, even in the most serious collisions, law enforcement sometimes fails to gather or obtain this information which may prove critical to a claim.
If you were injured in an automobile crash and have questions about your legal options, reach out to request a consultation or call us at 216-696-1422 for a free, no-obligation consultation with one of our personal injury attorneys. In the meantime, please make sure you, your family, your co-workers, and your friends wait until arrival at their destinations before sending that text message or posting on social media. It is not only safe and prudent as it always has been, but it is now probable cause on its own for a traffic stop under the law of the State of Ohio.
