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Distracted drivers are everywhere. If you are injured in a car accident with a distracted driver, you could recover compensation. Contact Kisling, Nestico & Redick today.

Distracted Driving Accidents in Ohio

When we think of distracted drivers, we often think of people texting or using their phones, but it’s much more than that. Common activities like drinking coffee or chatting with a car full of friends can cause drivers to be preoccupied.

If you were hurt because someone wasn’t paying attention to the road and their driving, the consequences shouldn’t be on your shoulders alone. An experienced Ohio car accident lawyer can help you recover from an accident caused by a distracted driver, whether by helping you with insurance claims or suing the party at fault.

Call KNR today at 1-800-HURT-NOW or use the online form to schedule a free consultation.

What is Distracted Driving?

Almost everyone multitasks while they drive, so many people question the level of activity it takes to truly distract someone from driving. The truth is it doesn’t take much. Any time drivers take their eyes off the road, their hands off the wheel, or let their minds wander away from the task at hand, they’re distracted. Safe driving takes visual, manual, and cognitive attention.

If you’re turning around to yell at your kids in the back seat, digging around for a CD or your iPod, or trying to make a to-do list in your head while driving on autopilot, you’re distracted.

People often take for granted how much attention the task of driving requires and believe that, after years of practice, they can do more than one thing at once. However, this attitude leads to distracted driving, and inattentive drivers cause accidents.

Cellphones & Distracted Driving

There’s no doubt that the rise in mobile phone use has contributed to distracted driving. Cellphones aren’t for calling friends and family anymore. Now, they can be used to text, receive directions, check email, watch videos, and more. All of these features mean there are numerous notifications going off at any given time and an endless temptation to check these alerts while people drive.

Using a phone while driving means people take their hands off the wheel and, even though they seem like brief glances, take their eyes off the road. Reading a notification or text and choosing to respond takes people’s minds away from driving and has them focused on their phones.

Many people argue that voice activation and headsets make talking and texting while driving much safer, but this isn’t always true. If a driver is paying more attention to the conversation than driving, he or she could still be too preoccupied to avoid a collision.

Teens &  Distracted Driving

Recent research has shown distraction plays a significant role in teen crashes – more than authorities previously thought. Teenagers are particularly susceptible to the desire to text and drive. However, it isn’t just mobile phones taking teens’ eyes off the roads. Interacting with passengers often leads to crashes as teens are more attentive to their friends than driving. Looking for something inside the car, looking at something outside the car, and singing and dancing are also common causes of dangerous inattention.

Teenagers are used to being on their phones all the time, but when their cell phone use is combined with their inexperience behind the wheel, cell phone use and driving can be deadly.

Compensation after a Distracted Driving Accident in Ohio

When you are injured in a car crash because the other driver was distracted, whether because they were on their phone or focused on something else, they may be found negligent and liable for your various damages. Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses.

Through an insurance claim or car accident lawsuit, KNR will fight hard for you to recover your:

Many distracted driving accident cases settle out of court. However, do not expect a quick and easy insurance claims process. Insurance companies will work hard to reduce what they owe by denying that their policyholder was distracted or suggesting you share more responsibility. While an insurance claim might be the ideal situation, you may also need to file a lawsuit and present evidence that the other driver’s distraction caused your accident and injuries.

How Lawyers Prove Distracted Driving

You will need evidence that the other driver was not paying attention to recover maximum compensation after a distracted driving accident. This is not always simple. It can be challenging to prove that someone was texting when the collision occurred. However, your lawyer should know how to gather direct and circumstantial evidence to support your distracted driving claim.

A few ways to prove driver distraction are:

  • Observations noted in the police report
  • Footage from nearby traffic and surveillance cameras
  • Audio or video from the scene
  • Witness testimony
  • Your testimony
  • Cell phone records

An experienced car accident lawyer will typically use the discovery process after filing a lawsuit to subpoena documents, data, and video, and to depose witnesses to gather this information.

Ohio Distracted Driving Accident Lawyer – FAQs

Can I sue for a car accident caused by texting while driving in Ohio?

Yes. If another driver was texting and caused your crash, you may be able to file a distracted driving claim under Ohio personal injury laws. Evidence like phone records or dash cam footage can support your case.

How does Ohio define distracted driving?

Under Ohio law, distracted driving includes any activity that takes a driver’s attention off the road, including texting, talking on the phone, using apps, eating, or adjusting the radio. As of 2023, texting while driving is a primary offense statewide.

What damages can I recover in an Ohio distracted driving lawsuit?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and other losses. In severe cases, punitive damages may apply if the driver’s behavior was especially reckless.

Do I need a lawyer after a distracted driving accident in Ohio?

While it’s not required, working with a skilled Ohio distracted driving accident lawyer can significantly improve your chances of full compensation—especially when proving the driver was using a device at the time of the crash.

How do I prove the other driver was distracted in my Ohio car accident case?

Proving distraction can involve collecting cell phone records, eyewitness statements, police crash reports, surveillance footage, and accident reconstruction expert testimony.

How long do I have to file a distracted driving accident claim in Ohio?

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Ohio. It’s best to speak with an attorney as soon as possible to preserve evidence and build your case.

What if I was partially at fault in an Ohio distracted driving accident?

Ohio follows a modified comparative negligence rule. You can still recover damages if you were less than 51% at fault, but your compensation will be reduced by your percentage of fault.

 

Our Ohio Distracted Driving Attorneys Can Help

If you were hurt by a distracted driver, your best course of action may be to head to court. Considering your medical expenses, lost income, pain and suffering, disability or disfigurement, and other financial and emotional injuries, recovering from the negligent party may be what helps you get back on your feet.

An Ohio distracted driving attorney at KNR can help you determine if a lawsuit is your best course of action, and if it is, will do his or her best to maximize your recovery. Call today at 1-800-HURT-NOW or use the online form to schedule a free consultation.