Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Distracted driving, especially texting while behind the wheel, is a serious issue in Oklahoma, contributing to thousands of accidents, injuries, and fatalities each year. Oklahoma’s laws aim to curb this dangerous behavior, but awareness and responsibility on the part of drivers are key to making the roads safer. In this comprehensive guide, we’ll explore the consequences of texting and driving in Oklahoma, including legal penalties, how such incidents impact victims, and the ways to stay safe on the road.

The Dangers of Texting While Driving in Oklahoma

Texting while driving is one of the most prevalent forms of distracted driving. In Oklahoma, between 2017 and 2021, distracted driving resulted in 250 fatalities and nearly 8,000 injuries.

While texting is not the only cause of distraction, it is one of the most dangerous due to its ability to divert a driver’s attention completely away from the road.

Oklahoma’s Texting While Driving Laws

Oklahoma’s laws regarding distracted driving are clear. It is illegal for all drivers to use a handheld device to compose, send, or read electronic messages, including text messages, emails, and social media posts.

The law applies to all drivers, regardless of age, and it is considered a primary offense. This means that a law enforcement officer can pull over a driver solely for texting while driving.

In 2015, the state passed the Trooper Nicholas Dees and Trooper Keith Burch Act following the deaths of two state troopers who were struck by a distracted driver. This law specifically targets texting while driving and imposes strict penalties.

Penalties for Texting While Driving

Texting while driving in Oklahoma is not only risky, but it also carries significant penalties. If caught texting while driving, offenders face:

  • A fine of $100: While this may seem like a minor penalty, it serves as a reminder of the serious consequences of texting behind the wheel.
  • Points on your driver’s license: Accumulating points can lead to higher insurance premiums and even license suspension.
  • Increased insurance rates: Drivers with a conviction for texting while driving may see their auto insurance premiums rise by 20-25%.

The Impact on Victims: Personal Injury Claims

Victims of distracted driving accidents can seek compensation for their injuries. If the driver responsible for the accident was texting while driving, the victim may file a personal injury claim.

This claim can cover medical expenses, lost wages, and damages for pain and suffering. However, proving that the other driver was texting at the time of the accident can be challenging and often requires:

  • Phone records: Investigators may subpoena the at-fault driver’s phone records to prove they were texting at the time of the crash.
  • Witness testimony: Eyewitnesses who saw the driver texting before the accident can be valuable in building a case.
  • Traffic citations: If the police cited the driver for texting, this could be used as evidence in a personal injury claim.

How Texting and Driving Affects Court Cases in Oklahoma

If a driver is caught texting and driving and is involved in an accident, the case will be treated seriously in the courtroom. Evidence such as phone records, witness testimony, and traffic citations will be reviewed. A guilty verdict can result in fines, license suspension, and in some cases, criminal charges, especially if the accident involved injury or death.

The severity of the penalties often depends on the following factors:

  • The severity of the accident: If the accident caused significant injury or death, penalties may be more severe.
  • Prior convictions: Drivers with previous distracted driving offenses may face harsher penalties.
  • Witness testimony: Eyewitnesses and expert testimony can influence the outcome of the case.

Teen Drivers and Texting

Teen drivers are especially vulnerable to the dangers of texting and driving. According to the AAA, 50% of teen drivers admit to texting or emailing while driving.

Oklahoma law prohibits teenage drivers from using any mobile device for texting or talking, even hands-free. If a teen driver is caught texting, they could face:

  • Fines: Similar to adult drivers, teens are subject to fines.
  • Driver’s license suspension: Teen drivers may face a suspension of their driver’s license in addition to a fine.

Since teen drivers have less experience on the road, they are at a higher risk of causing accidents while distracted. As such, they are subject to stricter penalties to encourage safe driving practices.

Tech Solutions to Prevent Texting and Driving

In today’s digital age, technology offers several solutions to help prevent texting while driving:

  • “Do Not Disturb” features: Many smartphones now have built-in features that block incoming messages or calls while driving.
  • Driving apps: Apps can disable texting functions when the phone detects that the car is moving. Other apps automatically send a message to inform the sender that the person is driving.
  • In-vehicle systems: Many vehicles come equipped with systems that mute notifications or block texts while driving.

By using these tech solutions, drivers in Oklahoma can minimize the temptation to text while on the road and focus on driving safely.

Prevention: How to Stay Safe and Avoid Texting While Driving

Preventing texting while driving is essential to ensure road safety. Here are some practical tips:

Plan Ahead

If you know you will need to send a text, do so before you start driving or after you’ve reached your destination.

Use Technology

Enable your phone’s “Do Not Disturb” feature or use apps that block texting when driving.

Pull Over Safely

If a message is urgent and you cannot wait, pull over safely to the side of the road to respond.

Designated Texter

If you have passengers, ask them to send texts on your behalf while you focus on driving.

Remember, nothing on your phone is worth risking your life or the lives of others on the road.

The Growing Distracted Driving Crisis in Oklahoma

Oklahoma has seen a steady increase in distracted driving incidents over the years. Reports from the Governor’s Highway Safety Association (GHSA) show that more than 3,100 people died in distracted driving accidents in 2020 alone, and Oklahoma is ranked among the worst states for car accidents and distracted driving.

With nearly 400,000 injuries reported annually across the U.S. due to distracted driving, it is a growing problem in Oklahoma that needs to be addressed.

How Distracted Driving Affects Insurance

While texting while driving may seem like a minor infraction, it can have long-term financial consequences. A conviction for texting while driving in Oklahoma can increase your car insurance premiums by as much as 25%.

This can result in hundreds of dollars more in annual premiums, adding a significant financial burden on top of the legal consequences.

How Texting and Driving Can Lead to Lawsuits

If you are found guilty of texting while driving and cause an accident, the other party may file a negligence lawsuit against you. This could result in compensation for medical expenses, lost wages, and pain and suffering.

Your insurance may cover some of these costs, but if your premiums increase, it will still add a significant financial burden.

Conclusion: Stay Safe and Avoid the Consequences

Texting while driving is a serious offense in Oklahoma, and it comes with both legal and financial consequences. The law is in place to keep drivers and passengers safe, and the penalties reflect the severity of the offense. However, it’s important to remember that the true cost of texting while driving extends far beyond fines and insurance rates—it can result in severe injury, death, and lasting emotional trauma.

Stay safe on the road by avoiding distractions, using technology to limit phone use, and planning ahead. If you or someone you know has been involved in a texting and driving accident, don’t hesitate to seek legal counsel to understand your rights and options.

For a free consultation, contact Graves McLain Injury Lawyers at (918) 398-9936 today.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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