Can You Sue for Texting and Driving?
August 19, 2025 | By Colombo Law
Texting and driving is a common cause of car accidents. A texting and driving accident law firm can explore your rights and help you make a claim if you were injured in a crash caused by a distracted driver.
Distracted driving behaviors can be difficult to prove. Colombo Law can investigate the accident on your behalf and take legal action to hold the careless driver accountable.
Our texting and driving accident law firm serves clients in Columbus and throughout Ohio. For a FREE case review, call us at 614-362-7000 in Columbus today.
Can I Sue Someone for Texting and Driving?
If you were hit by a driver who was texting and you suffer injuries in the crash, you can generally make an accident claim. Most car accident claims are resolved via settlement without having to file a lawsuit, but it may be necessary to sue if the driver’s insurance company refuses to compensate you fairly.
Texting and driving takes a driver’s hands away from the wheel and their eyes and mind off the road. Motorists recognize the dangers, and yet some still choose to text while driving. It might seem obvious that a driver who was texting is at fault for an accident, but you will nonetheless need strong evidence to make a successful claim.
Is Texting While Driving Illegal in Ohio?
Ohio law prohibits motorists from holding or using cell phones and other electronic devices while they are driving. In addition to texting and driving, drivers are not allowed to do the following while they are behind the wheel:
- Manually dial a phone number
- Browse the internet
- Check and update social media profiles
- Watch online videos
- Play mobile games
- Record or stream video
- Take part in video calls
Drivers are allowed to use a cell phone in emergency situations, when they are stopped at a traffic light, or to talk on the phone (provided the call is not initiated by dialing). There are also exceptions for first responders and utility workers, as well as commercial drivers using mobile data terminals.
The distracted driving law makes texting while driving a primary offense, meaning police officers can pull over any driver they see with a phone in their hand. First-time offenders are subject to a fine of up to $150 and 2 points on their driver’s license. Subsequent violations carry higher fines and additional assessments of points, with a potential 90-day license suspension for three or more offenses (see Ohio Revised Code § 4511.204).
If a driver is texting or otherwise distracted and causes an accident, they may face civil liability for injuries and damages sustained by others. A Columbus car accident lawyer can help you bring a claim and pursue the full compensation you deserve.
Distracted Driving Accident Statistics in Ohio
The Ohio State Highway Patrol tracks multiple crash variables for accidents in the Buckeye State. Distracted driving is one of the most commonly cited factors, contributing to more than 54,000 crashes since 2020.
According to the OSTATS Crash Dashboard, distracted driving led to 157 fatal wrecks and 1,377 accidents involving serious injury from 2020–2024. Hamilton County had the second-highest number of distraction-related accidents in Ohio (3,974) while Franklin County had the third-highest (3,722).
Enforcement efforts seem to be working. In just one year, the Ohio Department of Transportation recorded 15,400 fewer distracted driving accidents, 138 fewer deaths, and more than 1,300 fewer injuries.
Despite these positive statistics, distracted driving remains a serious problem. According to the Ohio State Highway Patrol, there have been more than 28,000 distracted driving violations so far this year. Victims of crashes should contact a texting and driving accident law firm so they can preserve their right to compensation.
What Damages Can I Recover for a Texting and Driving Accident?
Every case is different. Sometimes distracted driving results in a minor fender-bender, while other times it can lead to catastrophic injuries and even fatalities. A distracted driving accident attorney can calculate the value of damages in your claim.
You may be entitled to recovery of the following losses:
- Medical bills and future medical expenses
- Lost wages
- Diminished earning capacity
- Household services and other out-of-pocket costs
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
No one should lose their life because a driver decides to pay more attention to their phone than the road. Tragically, multiple people are killed every year in distracted driving accidents. A Columbus car accident lawyer can help you bring a claim for wrongful death if your loved one perished in a crash caused by a texting driver. You and your family may be entitled to compensation for funeral expenses, loss of the decedent’s income, mental anguish, and more.
How Do I Prove the Other Driver Was Texting and Driving?
You may have seen the driver looking at their phone immediately before the accident, but this is likely not enough to prove negligence. Multiple forms of evidence can help you make a texting and driving accident claim. These include:
- Witness statements: Ask witnesses if they saw what the driver was doing just prior to the crash. If one or more people say the driver was looking down at their phone, this would provide strong support for your case.
- Video footage: Nearby homes and businesses may have cameras pointing at the road or intersection where the accident occurred. Video footage showing that the driver was texting or on the phone could help prove fault.
- The police report: In Ohio, auto accidents must be reported to the police if they result in injury or death. A police officer will investigate the crash and prepare a report. Key information in the report (such as witness accounts, distracted driving citations, and the officer’s preliminary conclusions on who was at fault) can bolster claims that the driver was distracted and this led to the accident.
- Cell phone records: A texting and driving accident law firm can request a subpoena or court order to access the driver’s cell phone records. By comparing the time text messages were sent with the time of the accident, your lawyer can make a strong claim that distracted driving was a factor.
Taking photos of the accident scene can help document key facts such as the positioning of the vehicles, skid marks, debris, etc. However, you should only photograph the scene if it is safe to do so and your injuries don’t demand immediate medical attention. Prioritize your safety and well-being, and speak to a lawyer well-versed in distracted driving accidents to begin securing important evidence ASAP.
Contact Our Texting and Driving Accident Law Firm Today
At Colombo Law, we know that distracted driving can upend the lives of innocent people. For example, our attorneys secured a $4.75 million settlement on behalf of an elderly Ohio couple who were rear-ended by a distracted driver. The husband ultimately died as a result of his injuries while the wife was injured in the accident. Our team was able to show that the truck driver was using his cell phone at the time of the wreck and that the trucking company failed to enforce policies against cell phone use.
This is just one example of the millions of dollars in results we have achieved for clients who were injured or lost loved ones due to the negligence of distracted drivers. Our firm has the knowledge and skill to seek maximum compensation from motorists, truck drivers, trucking companies, and other defendants.
Reach out to Colombo Law in Columbus for a FREE case review. Our car accident lawyers have extensive experience representing the victims of texting and driving collisions throughout Ohio.
