How to Prove A Driver Was Texting after an Ohio Car Accident

Nov 19, 2019 Car Accidents    Legal Blog    Ohio Personal Injury    Pedestrian Accidents    Wrongful Death

Texting is a convenient form of communication that often replaces the need to pick up the phone and actually speak to someone. While texting has its benefits, it comes with one serious drawback.

Texting is a dangerous activity behind the wheel. All too often, people receive texts while driving and answer it right away instead of waiting until they have reached their destination. Despite the fact that texting and driving is one of the most common causes of Ohio car accidents, it can be very difficult to prove.

If you’ve been hurt in an Ohio car accident that you believe was the result of texting and driving, consult our experienced Ohio distracted driving accident lawyers at Kisling, Nestico & Redick today. We can help you prove fault and ensure your rights are protected.

Call us at 1-800-HURT-NOW today and set up a free, no-risk consultation.

What are the Texting and Driving Laws in Ohio?

Ohio law states that all “electronic wireless communications devices” for drivers under the age of 18 is illegal. This includes hands-free talking and driving. In 2018, the laws regarding texting and driving changed for drivers over the age of 18. Texting and driving is known as a secondary offense so you can’t be pulled over for texting and driving unless you are committing another traffic violation at the same time.

However, if a police officer has reason to believe you were distracted while driving, you may face a ticket as well as other fines and penalties. If a teenager is convicted of texting and driving, they can face a driver’s license suspension for 60 days and a fine of $150. The suspension increases to a year and the fine becomes $300 for a second offense.

Proving Texting and Driving

The reality is that proving texting and driving after an Ohio car crash is not easy. However, a skilled Ohio distracted driving accident lawyer can help. Here are some ways a lawyer can uncover that texting and driving played a role in your crash.

  • Retrieving of cell phone records: Even if the driver deletes their text messages, a lawyer can still gain access to their cell phone records by contacting their provider. This can allow them to view timestamps on any text messages that were sent and received and find out whether texting was occurring during the accident.
  • Speaking to witnesses: A witness who saw the accident happen may have noticed that the driver was on their phone during the crash.

Other Types of Distracted Driving

Texting and driving is just one type of distracted driving. Sadly, there are a number of other distracted behaviors that prevent drivers from keeping their hands on the wheel and eyes on the road. Several examples include:

  • Eating and drinking: It can be a challenge to drive safely when trying to enjoy a snack or beverage at the same time.
  • Grooming: Brushing hair, tweezing eyebrows, and other grooming activities should be completed before you get behind the wheel.
  • Fumbling with radio or GPS controls: A radio or GPS can serve as a big distraction, especially when you have your eyes on it rather than the road.

Contact Kisling, Nestico & Redick
If you’ve been hurt by a driver who you believe was texting at the time, don’t hesitate to consult Kisling, Nestico & Redick. We are dedicated to proving fault and ensuring you are compensated fairly for your damages.

Call us at 1-800-HURT-NOW to schedule a free consultation.