Distracted driving is a leading cause of catastrophic car accidents in Ohio. For years, the state treated texting while driving as a secondary offense for adults, meaning police could not pull a driver over solely for using their phone. That changed dramatically in April 2023 with the passage of Senate Bill 288. Ohio is now a strict "hands-free" state. Understanding this new law is critical not only for avoiding citations but for proving liability if you are injured by a distracted driver.
Ohio's Hands-Free Law (S.B. 288) Explained
Under the new law, which amended Ohio Revised Code Section 4511.204, it is illegal to use, hold, or physically support an electronic wireless communications device while driving in Ohio. This is now a primary offense, meaning law enforcement officers can pull you over immediately if they see a phone in your hand.
The law applies to all drivers, regardless of age. You cannot text, dial a phone number, watch videos, play games, or scroll through social media while operating a vehicle. Even holding the phone while it is on speakerphone is a violation.
Exceptions to the Hands-Free Rule
The law does provide a few specific exceptions where phone use is permitted:
- Emergencies: Drivers may use a phone to contact law enforcement, a hospital, or the fire department in an emergency.
- Hands-Free Technology: Drivers over the age of 18 may use hands-free features, such as Bluetooth, Apple CarPlay, or Android Auto, provided they can initiate or terminate a call with a single touch or swipe.
- Navigation: Using a phone for GPS navigation is allowed, but the destination must be entered before driving, and the phone must be mounted on the dashboard or windshield, not held in the hand.
- Stationary Vehicles: Drivers may use their phones if the vehicle is parked safely outside the lane of traffic. Notably, being stopped at a red light or in a traffic jam does not count as being parked; you are still operating the vehicle.
Penalties for Distracted Driving in Ohio
The penalties for violating the hands-free law escalate with repeated offenses:
- First Offense: Up to a $150 fine and 2 points on your driver's license. (Drivers can avoid the fine and points by completing a distracted driving safety course).
- Second Offense (within two years): Up to a $250 fine and 3 points on your license.
- Third or Subsequent Offense (within two years): Up to a $500 fine, 4 points on your license, and a mandatory 90-day license suspension.
Fines are doubled if the violation occurs in a construction zone.
Proving Distracted Driving in a Civil Lawsuit
If you are injured by a driver who was texting or otherwise distracted, their violation of the hands-free law is powerful evidence of negligence. In Ohio, violating a safety statute designed to protect the public constitutes "negligence per se." This means you do not have to prove the driver was acting carelessly; the fact that they broke the law is sufficient to establish a breach of duty.
However, proving that the driver was actually using their phone at the exact moment of the crash can be challenging. An experienced personal injury attorney will use several methods to gather this evidence:
- Cell Phone Records: Through the discovery process, your attorney can subpoena the at-fault driver's cell phone records to show that a text was sent, a call was made, or data was used at the precise time of the collision.
- Police Reports and Citations: If the responding officer issued a citation for distracted driving, this is strong evidence for your civil claim.
- Witness Testimony: Statements from bystanders or passengers who saw the driver looking down at their lap or holding a glowing screen.
- Video Evidence: Footage from dashcams, traffic cameras, or nearby security cameras can often capture the driver's behavior prior to impact.
The Danger of Cognitive Distraction
It is important to note that distraction is not just physical (taking hands off the wheel) or visual (taking eyes off the road). Cognitive distraction—taking your mind off the task of driving—is equally dangerous. Even if a driver is using a hands-free system legally, engaging in a complex phone conversation significantly impairs reaction time. If a driver's cognitive distraction leads to a crash, they can still be held liable for negligence, even if they did not violate the specific hands-free statute.
Hit by a Distracted Driver?
Distracted driving crashes often occur at high speeds because the at-fault driver fails to brake before impact. The resulting injuries can be devastating. If you were injured by a driver who was texting, scrolling, or not paying attention in Cuyahoga County, you need aggressive legal representation.
Contact Ryan Injury Attorneys today for a free consultation. We know how to secure cell phone records and prove liability to ensure you receive the maximum compensation available under Ohio law.
Frequently Asked Questions
Can I be pulled over just for holding my phone in Ohio?
Yes. As of April 2023, holding an electronic device while driving is a primary offense in Ohio. A police officer does not need another reason, such as speeding or running a red light, to initiate a traffic stop.
Does the hands-free law apply to drivers under 18?
Yes, but the rules are even stricter. Drivers under the age of 18 are prohibited from using any electronic wireless communications device while driving, including hands-free features like Bluetooth. The only exception is for emergencies.
Can I use my phone while stopped at a red light?
No. Under Ohio law, you are still considered to be operating a vehicle when stopped at a red light, stop sign, or in a traffic jam. You cannot hold or use your phone until the vehicle is safely parked outside the lane of traffic.
How long does an attorney have to subpoena cell phone records?
Cell phone carriers do not keep detailed usage records indefinitely. Some carriers delete text message content within days and call logs within months. It is crucial to hire an attorney immediately so they can send a spoliation letter to preserve this critical evidence before it is destroyed.
What if the distracted driver was working at the time of the crash?
If the at-fault driver was using their phone for work purposes (e.g., a delivery driver checking an app, or a salesperson on a conference call) while on the clock, their employer may also be held liable for your injuries under the doctrine of respondeat superior. This often provides access to larger commercial insurance policies.
