As a motorist on the roads of Oklahoma, it’s important for you to understand Oklahoma’s distracted driving laws. With over 45% of Americans admitting to texting while driving (that percentage only increases for younger generations), it’s important to remember that many people are driving distracted on Oklahoma roads, thus causing more accidents.
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In this blog, we’ll examine Oklahoma’s distracted driving laws and how they can impact you if you’re the victim of a distracted driver’s negligent behavior.
If you want to learn more about how distracted driving impacted you and you want to get in touch with us, call our Oklahoma City distracted driving lawyers at (405) 397-1717.
Distracted Driving Laws in Oklahoma
In Oklahoma, the core distracted driving law is simple. Under 47 OK Stat § 11-901b, “the operator of every vehicle, while driving, shall devote their full time and attention to such driving.”
Further in the statute, it bars all law enforcement officers from issuing a citation under the citation unless the vehicle operator is “in an accident or observes the operator of the vehicle driving in such a manner that poses an articulable danger to other persons on the roadway that is not otherwise specified in statute.”
This essentially causes many distracted drivers to get away with driving in such an unsafe manner – unless they’re in a motor vehicle accident.
Oklahoma Texting While Driving Laws
Oklahoma has a complete ban on texting while driving. As dictated by 47 OK Stat § 11-901d, it is illegal to drive a motor vehicle “while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.”
Distracted Driving Laws for Young Drivers
While texting and driving for young drivers is regulated by Oklahoma’s overall texting ban, all novice drivers (often these are young drivers, but not always) with a learner’s permit and an intermediate license are banned from having cell phones in their hands while driving.
Penalties for Distracted Driving
In Oklahoma, violations of the state’s texting while driving law result in fines, with the first offense typically carrying a fine of $100. Additionally, drivers may face increased insurance premiums and points on their driving records. If distracted driving leads to accidents or injuries, more severe penalties, including higher fines and potential license suspension, can be imposed.
Are There Exceptions to Oklahoma’s Distracted Driving Laws?
There are exceptions to distracted driving laws in Oklahoma. The primary law targets texting while driving, but it allows for specific exemptions, including:
- Emergency Situations: Drivers are permitted to text if they report illegal activity, call for help, or prevent injury to a person or property.
- Law Enforcement and Emergency Personnel: Officers, firefighters, and emergency medical personnel can use electronic devices for their official duties.
- Hands-Free Devices: Using voice-operated or hands-free technology, such as Bluetooth, is generally permitted. This allows drivers to make and receive calls without holding the device.
Victims of Distracted Driving Accidents
If you’ve been the victim of a distracted driving accident, it should be clear that the law is on your side. Distracted driving is illegal, and if it causes an accident, you can bring a case against that person with the help of our collision attorney in Oklahoma City.
Call us at (405) 397-1717, and we’d be happy to answer any questions you may have about your situation.
Proving Distracted Driving Caused Your Oklahoma Crash
Oklahoma’s distracted driving laws create an evidentiary framework, but proving that a specific driver was distracted at the moment of impact requires evidence. Cell phone records — obtained via subpoena — show whether the other driver’s phone was being actively used in the seconds before the crash. Passenger and witness statements can establish that the driver appeared inattentive. Traffic and business surveillance cameras are worth preserving immediately, as footage is typically overwritten within 30 to 90 days. The police report’s narrative section often notes “driver distraction” as a contributing factor when officers find evidence at the scene — this admission is useful, though not conclusive, in a subsequent civil claim.
Damages Available in Oklahoma Distracted Driving Cases
Victims of distracted driving crashes are entitled to recover the same damages as any negligence victim: medical bills, future treatment costs, lost wages, reduced earning capacity, physical pain, emotional distress, and loss of enjoyment of daily activities. In cases where the driver was texting while operating a commercial vehicle or a school bus — where the distraction constitutes willful violation of a regulatory standard — Oklahoma’s punitive damages statute may also apply, allowing the jury to impose additional damages as a punishment and deterrent.
Frequently Asked Questions About Oklahoma Distracted Driving Claims
Can I subpoena the other driver’s phone records myself? Not directly — subpoenas in civil cases require attorney involvement. Your attorney files the appropriate discovery requests in litigation. What if the driver denies they were on their phone? Phone records don’t lie — call logs and data usage timestamps are matched to the crash time. Does a distracted driving citation against the other driver help my case? A traffic citation is evidence of negligence, though not conclusive — juries weigh it alongside all other evidence.
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If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.