Oklahoma Distracted Driving Laws

Tips for avoiding a distracted driving accident—and why that’s so important

Distracted driving is a leading cause of accidents, injuries and fatalities on Oklahoma roads. It is a critical issue that needs immediate attention, not only from the authorities but also from each driver. If you’re the victim of a distracted driver, you could be eligible to receive compensation for your injuries.

Oklahoma distracted driving laws

Oklahoma law prohibits texting and driving. A driver may not manually type or send a text message while driving. However, you may use a device hands-free. You may make or receive calls using Bluetooth or other in-car system.

• Texting and driving is illegal for all drivers
• The use of a handheld electronic device is banned for learner’s permit and intermediate license holders
• School bus drivers are not allowed to use a mobile phone while driving unless it's an emergency
• Hands-free devices are generally permitted

Oklahoma distracted driving penalties

Fines

First offense: Up to $100. This is a non-moving violation, which means it may not necessarily affect your insurance rates directly, but it's still a mark on your driving record.

Subsequent offenses: Repeat offenses can lead to higher fines, which are decided at the court's discretion. This could be up to a few hundred dollars, depending on the circumstances and frequency of violations.

Points on your license

While texting and driving offenses don't automatically lead to points being added to your driving record, accumulating too many offenses could put your driving privileges at risk.

Criminal charges

If your distracted driving leads to an accident, especially one involving injury or death, you could face far more severe consequences, including:

Misdemeanor: If your actions result in a minor injury to someone else, you could be charged with a misdemeanor, which comes with a fine and potential jail time.

Felony: If distracted driving leads to a fatality, you might face felony charges. A felony conviction would not only lead to a hefty fine, but could also result in a prison sentence.

Additional consequences for Oklahoma distracted driving law violations

Increased insurance rates: Once you're convicted of a distracted driving offense, your insurance rates are likely to increase, sometimes substantially, depending on your driving history and insurance company.

Driver’s license suspension: In extreme cases, particularly where repeated offenses or severe accidents are involved, your driver's license may be suspended or revoked.

Employment risks: A distracted driving conviction can potentially impact your employment, especially if your job involves driving.

Defensive driving courses

Some judges may require you to complete a defensive driving course in addition to paying fines, especially for first-time offenders or for those involved in a minor accident while distracted.

Distracted driving rules for new drivers and school bus operators

New drivers: For those with a learner’s permit or an intermediate license, any use of a handheld electronic device is strictly prohibited. Penalties can range from fines to a delay in getting an unrestricted driver's license.

School bus operators: If you are operating a school bus, the use of any mobile device is prohibited unless it's an emergency. Violating this law can lead to immediate job loss or suspension.

Why is distracted driving so dangerous?

Studies have shown that distracted driving is as dangerous—if not more so—than drunk driving. And while most of us know that it’s never okay to drink and drive, why do some of us feel like it’s okay to occasionally pick up our phone when we drive?

Car and Driver performed a test of experienced drivers to see how reaction times were impacted by texting and driving as compared to drinking and driving.

To perform the test, the car was fitted with a light mounted on the windshield to simulate a car’s brake lights. The drivers were instructed to hit the brakes when the light went on. The test took place on an open runway with no obstacles, and the drivers were using typical phones. The results demonstrate that reading and writing texts slows reaction time just as much (if not more) than driving drunk.

What other behaviors contribute to distracted driving?

While mobile phones are a significant distraction, they aren't the only culprit. Distracted driving can include various activities that divert attention from the road. Some other forms of distracted driving include:

• Eating and drinking
• Talking to passengers
• Adjusting the radio, climate controls, or navigation system
• Daydreaming or being lost in thought
• Grooming, like applying makeup or shaving
• Children in the back seat 
• Responding to something happening outside the vehicle

Distracted driving includes anything that takes a driver’s:

• Hands off the wheel
• Eyes off the road
• Mind off the task of driving

Texting is especially dangerous while driving because it involves all three functions—hands, eyes, and mind.

Oklahoma distracted driving statistics

Data suggests that distracted driving is a critical issue in Oklahoma:

• In 2019, over 8,000 Oklahoma crashes were attributed to distracted driving.
• Of these, more than 2,000 resulted in injuries and several were fatal.
• The age group most involved in distracted driving incidents was drivers aged 16-24.

Who is liable for a distracted driving accident?

In Oklahoma, liability in a distracted driving accident typically falls on the distracted driver. Oklahoma follows a modified comparative negligence system, meaning that even if you were partially at fault, you could still claim damages if you were less than 51% responsible for the accident. Other parties that could be liable include:

• Employers, if the distracted driver was operating a company vehicle or engaged in company work at the time of the crash
• The manufacturer of a defective vehicle or mobile device, in rare cases
• The road maintenance agency, if poor road conditions contributed to the accident

How do you make a legal claim against a distracted driver?

If you've been injured in an accident involving a distracted driver, you have the right to pursue compensation. Here’s how to begin:

• Collect evidence. Take photos of the accident scene, your injuries, and any damage to your vehicle.
• Obtain witnesses’ contact information. If there were witnesses, get their contact information and statements.
• File a police report. Always report the accident to the police and obtain a copy of the police report.
• Consult a lawyer. It’s crucial to consult a personal injury lawyer to guide you through the legal process.
• File a claim. Your lawyer will help you file an insurance claim or a lawsuit, depending on your case.

How to avoid being in an Oklahoma distracted driving accident

Staying attentive on the road can save lives. Here are some tips to help you avoid distracted driving accident:

• Plan ahead. Before you start driving, set up your navigation, playlists, and climate controls.
• Keep personal items within reach. If you need access to any personal items while driving, make sure they are within easy reach so you don't have to take your eyes off the road.
• Use hands-free devices. If you must take a call, use a Bluetooth headset or the car's built-in hands-free capabilities.
• Pull over. If you need to text, make a call, or do anything that requires taking your eyes off the road, pull over safely first.
• Avoid multi-tasking. Focus on driving and avoid eating, grooming, or other activities that might divert your attention.

When should you call a personal injury lawyer for a distracted driving accident?

You should contact a personal injury lawyer as soon as possible after the accident. Prompt legal advice can help you:

• Understand your rights and options
• Collect and preserve crucial evidence
• Navigate insurance claims and negotiations
• File a lawsuit if necessary

Distracted driving is a significant issue in Oklahoma that everyone needs to take seriously. Whether you're a driver, bicyclist, or pedestrian, understanding the laws and being vigilant can go a long way in preventing accidents and saving lives. If you've been affected by a distracted driving accident, seeking professional legal advice can help you navigate the complex landscape of liability and compensation.