Ohio Distracted Driving Laws and Crash Liability

Ohio's tougher distracted-driving law makes phone use behind the wheel a primary offense — and powerful evidence in a crash claim.

Ohio's Cellphone Law

Since 2023, Ohio law generally prohibits using or holding a cellphone or electronic device while driving, making it a primary offense for which police can stop a driver. Limited exceptions exist for emergencies and hands-free use.

Distraction as Negligence

A driver who was texting, scrolling, or otherwise distracted at the time of a crash is strong evidence of negligence. Phone records and, in serious cases, the device itself can establish distraction.

Proving Distraction After a Crash

Cellphone records, app usage data, and witness observations help prove a driver was distracted. In litigation, these records can be subpoenaed — another reason to involve an attorney early before evidence is lost.

If You're Accused of Distraction

Ohio follows a modified comparative negligence rule with a 51% bar (R.C. § 2315.33): you can recover damages as long as you are not more than 50% at fault, but your award is reduced by your percentage of responsibility. If the other side claims you were distracted, the same evidence rules apply to them — and the facts often tell a different story.

This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For guidance on your specific situation, consult a licensed Ohio attorney.