Texting and driving is negligence

February 7, 2022 | Crandall & Pera Law
Texting and driving is negligence

Public awareness campaigns may decrease certain types of automobile accidents in Ohio. In past generations, such campaigns helped change attitudes and laws regarding drunk driving. Today, many entities work to warn people about the terrible risks of texting while driving. Sadly, as with intoxicating driving, numerous Ohio motorists ignore warnings and continue to text behind the wheel, leading to tragic results.

The risks of texting while driving

A driver might find it impossible to avoid a collision when the mind and hands divert focus from operating the vehicle. After all, keeping attention on the road and hands on the wheel might decrease the chances of a collision. Driving at even a slow speed requires careful attention to safety. When a driver starts texting on a smartphone, the resulting distractions could undermine the split-second reaction necessary to avoid hitting someone. "Hands-free" texting doesn't come without dangers, either. While a Bluetooth wireless setup allows for texting and calling without engaging the hands, a driver still must direct the mind to the phone. Once again, doing so could undermine attention, leading to an otherwise avoidable collision. Ohio laws ban texting or reading texts or otherwise operating a handheld communications device while driving, and those violating the law could face a fine. Moreover, such a traffic citation could support negligence claims if an accident occurs since the driver was violating the law. Motor vehicle accidents resulting from texting while driving may even lead to criminal charges. Besides a wrongful death lawsuit, the driver might go to criminal court to defend against manslaughter charges. Whether seeking compensation for injuries or property damage, victims might need to take legal action. A civil lawsuit or insurance claim could lead to recovering losses when a distracted driver causes harm.