Distracted Driver Laws

New Jersey, Pennsylvania, West Virginia, Ohio

As of August 2010 and according to the Insurance Institute of Highway Safety, a jurisdiction-wide ban on driving while talking on a hand-held cell phone is in place in nine states (California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon, Utah, and Washington) and in DC. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.

Local Restrictions

Local jurisdictions may or may not need specific state statutory authority to ban cell phones. Localities that have enacted restrictions on cell phone use include: Oahu, Hawaii; Chicago, Illinois; Brookline, Massachusetts; Detroit, Michigan; Santa Fe, New Mexico; Brooklyn, North Olmstead, and Walton Hills, Ohio; Conshohocken, Lebanon, and West Conshohocken, Pennsylvania; Waupaca County, Wisconsin; and Cheyenne, Wyoming.

Statewide, Pennsylvania and Ohio have no bans on handheld devices, text messaging, or cell phone usage while driving. Talk to a Lancaster car accident lawyer at 888-217-9797 if you have additional questions about the PA cell phone usage laws.

Statewide, New Jersey has a ban on handheld devices for drivers, learner’s permit, intermediate license holders and school bus drivers are restricted from cell phone use while driving, and all drivers are banned from texting. The offense is primary meaning that this is an offense within itself and does not have to be part of another offense (like speeding or running a red light) which is known as secondary.

Statewide, West Virginia has no ban on handheld devices for drivers but drivers younger than 18 who hold either a learner’s permit or an intermediate license are banned from cell phone use and texting, and is considered a primary offense. There is no restriction for bus drivers.

On September 9, Cincinnati, Ohio’s city council approved an ordinance banning the sending, reading, or writing of text messages while driving. The ordinance also bans accessing the Internet while driving. Other Ohio cities including Toledo, Columbus, and Cleveland have similar bans, and state lawmakers are debating a statewide texting ban.

Driver Safety

Laws or no laws, drivers should be responsible and drive safely without distractions. If a member of your family has been harmed by a distracted driver, then you may be eligible for a distracted driver lawsuit. Read more about what can be done to prevent distracted driving.  Or call the personal injury lawyers at Anapol Schwartz at 888-217-9797 for a  free consultation.