Texting while driving causes over 1.6 million automobile accidents a year, with over half of those resulting in fatalities, according to the United States Department of Transportation. This issue has caused nationwide laws on cell phone usage to become more concrete, with substantial punishment. While 46 states have instituted a ban on text messaging for drivers of all ages, the problem still persists. Finding a way to decrease these foreseeable injuries has caused one company to further explore developing a product that will help police officers determine whether a cell phone had been in use prior to the accident occurring. Many consumers, including lawmakers, think this could be the answer to establishing fault in car accidents and would have a real impact on further discouraging texting while driving due to direct connection.
Ohio law on cell phone use provides for a ban on all cell phone use for new drivers; this includes hands free devices such as Bluetooth headsets, as well as handheld devices. New drivers are those drivers under the age of 18 years old. Using a cell phone while driving is a primary offense, meaning that if an officer sees a new driver under 18 years old using a cell phone while driving a car, the officer can pull the vehicle over for that offense alone and issue a citation. The ban on cell phone use is critical for new drivers, since texting while driving is now the leading cause of death in American teenagers, surpassing drinking and driving.
In regards to texting, there is a ban for drivers of all ages on texting while operating a vehicle. Texting while driving, however, is a secondary offense, meaning an officer cannot pull a car over just because they observe the driver texting and driving. An officer must have another reason for pulling the driver over, such a safety belt violation or speeding, but can issue a citation for both texting and the other offense. Establishing if the other party in a car accident was texting while driving is particularly important since Ohio is a partial comparative fault state for automobile accidents.
Texting while driving is a continuously growing problem that has resulted in severe injury and death for too many. If you have suffered injury as a result of another driver texting and driving, please contact us at 419-241-5500 or email us, using our website. The attorneys at Lafferty, Gallagher & Scott are conveniently located in Toledo, OH and are eager to assist you with your case today.
I was hurt in a very bad car accident. I worked with Attorney Scott and he was so patient with me. He gave me options and communicated very well with me. Nicole in the office, she was beyond amazing! She…
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