Driving Distractions: How Can Texting Help (or Hurt) Your Car Accident Claim in Ohio?

Distracted driving is a major issue in Ohio. According to the Ohio State Highway Patrol, there have been more than 57,000 distraction-related accidents in the state since 2020, and these accidents have caused more than 1,700 serious injuries and fatalities. If you have been seriously injured or a loved one has tragically been killed by a distracted driver, you will want to speak with a Columbus personal injury lawyer about your legal rights.

While driving distractions can take many forms, data from the Ohio State Highway Patrol and other sources indicate that texting is among the leading causes of distraction-related collisions. If you have (or think you may have) a claim related to texting behind the wheel, speaking with a Columbus personal injury lawyer will be the first step toward seeking the financial compensation you deserve.

What Crash Victims and Their Families Need to Know About Filing Claims for Texting Behind the Wheel

In Ohio, texting while driving is illegal in most circumstances. As the Ohio Department of Transportation explains, with few exceptions, “it is illegal to use or hold a cell phone or electronic device in your hand, lap, or other parts of the body while driving on Ohio roads,” and, “[i]n most cases, anything more than a single touch or swipe is against the law.” This means it is generally illegal to text while driving.

Since texting behind the wheel is against the law in most circumstances, texting while driving generally constitutes “negligence per se.” This is important for two key reasons:

• Negligence is the primary justification for seeking financial compensation after a car accident. In the vast majority of circumstances, seeking financial compensation after a car accident involves proving that someone else’s negligence (i.e., the other driver’s negligence) is to blame for the collision. If you have the evidence you need to prove negligence, this is the first major step toward seeking the financial compensation you deserve.
• When texting constitutes “negligence per se,” additional proof of negligence isn’t required. In cases involving “negligence per se,” additional evidence of negligence isn’t required. If you can establish that the driver who hit you or your loved one was illegally texting at the time of the accident, this alone can be enough to substantiate a negligence-based claim for financial compensation.

With this in mind, how can you prove that the driver who hit you (or your loved one) was texting? While every case is unique, some of the most common forms of evidence in texting-related car accident cases include:

• The Police Report and Officer Testimony – If the police report from your (or your loved one’s) car accident indicates that the other driver was texting, the police report could be key evidence in your case. Likewise, if the officer who responded to the accident scene testifies that the driver admitted to texting while driving, the officer’s testimony could be key evidence.
• The Driver’s Statements in Person or Online – If the other driver admitted to being distracted at the accident scene or subsequently posted about the accident online, the driver’s statements could also serve as evidence of the driver’s “negligence per se.” Negligent drivers’ social media posts will serve as key evidence in a surprising number of cases.
• Traffic or Surveillance Camera Footage – If a traffic camera or a local business’s surveillance camera captured footage of the other driver texting in the moments leading up to the crash, this footage could be strong evidence in support of your claim for liability.
• Eye Witness Testimony – Similarly, if other drivers, passengers or pedestrians can testify to seeing the other driver on his or her phone, their statements or testimony could help with proving that you have a claim for “negligence per se” based on texting behind the wheel.
• The Driver’s Cell Phone Records – Once you hire a Columbus personal injury lawyer to represent you, your lawyer will be able to subpoena the other driver’s cell phone records. If these records show that the driver was exchanging text messages at the time of the crash, this could potentially be all the evidence you need to pursue legal action.

Along with texting, social media use is becoming an increasingly common issue on Ohio’s roads as well. If the driver who hit you or your loved one was posting or commenting on social media rather than texting, his or her social media account data could serve as key evidence of liability in this scenario as well.

With all of this in mind, if you think that you may have a claim against a driver who was using his or her phone behind the wheel, it will be important to hire an experienced Columbus personal injury lawyer promptly. Even when you have a claim based on “negligence per se,” seeking the financial compensation you deserve still requires experienced legal representation. In this scenario, an experienced personal injury lawyer will be able to help by:

• Conducting an investigation to determine if camera footage or other evidence is available.
• Talking to the police and any eyewitnesses.
• Preserving any evidence that is available online (i.e., if the other driver posted about the accident on social media).
• Seeking to obtain the other driver’s cell phone records from his or her phone company.
• Determining what claims you are eligible to file based on the driver’s texting and any other factors involved in the crash.

This last point is important. Even if you are clearly entitled to financial compensation for an accident caused by a texting driver, this doesn’t necessarily mean that filing a claim with the driver’s insurance company is your only option. For example, if the driver was working at the time of the accident, his or her employer or rideshare company could also be liable for your injuries or your loved one’s tragic death. Likewise, if texting behind the wheel was just one of several factors involved in the collision, you may be able to (and may need to) file multiple claims in order to seek the full compensation you deserve.

What if You Were Texting When You Were Injured in a Crash?

Now, let’s consider a different scenario: What are your legal rights if you were texting when you were injured in a crash? This is a more complicated scenario, and your legal rights will depend on all the circumstances surrounding the crash.

Generally speaking, if you are partially to blame for your accident-related injuries, whether you can seek financial compensation depends on how much responsibility you hold for your collision. This is based on Ohio’s contributory fault law, which states:

• If you are 50 percent or less at fault for your injuries, you can still file a claim. In this scenario, the amount you are entitled to recover will be reduced based on your percentage of fault. For example, if you are deemed 10 percent at fault, you will be entitled to recover 90 percent of your losses.
• If you are 51 percent or more at fault for your injuries, you are not entitled to any financial compensation. As a result, the difference between 50 percent and 51 percent is huge—and the insurance companies will often fight hard to establish that drivers who are seeking compensation are at least 51 percent at fault.

This is another important reason to have an experienced Columbus personal injury lawyer on your side. Regardless of what you were doing when you were involved in a crash, you should not let the insurance companies blame you for your injuries.

Assessing fault in a car accident when multiple factors were (or may have been) involved is a complex process that requires a thorough investigation and experienced legal representation. When you hire an experienced personal injury lawyer to represent you, your lawyer will conduct an unbiased investigation and assess your legal rights with your best interests in mind. Once you have a clear understanding of your legal rights, you can make an informed decision about how best to proceed.

In all cases, making an informed decision also requires a clear understanding of the losses you may be entitled to recover. Calculating your losses resulting from a serious car accident requires experienced legal representation as well. If it appears that you have grounds to take legal action based on the circumstances of your (or your loved one’s) car accident, your Columbus personal injury lawyer will be able to assess the value of your claim based on your individual circumstances.

Schedule a Free Consultation with a Columbus Personal Injury Lawyer at Malek & Malek Law Firm

Do you need to know more about filing a claim for a car accident that involved texting in Ohio? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced Columbus personal injury lawyer about your legal rights in confidence, please call 888-444-7440 or tell us how we can help online today.