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Have you broken any Oregon laws or ordinances recently? No? Are you sure about that? A Portland car injury lawyer will tell you that if you text and drive, you are guilty of far more than just bad driving. In fact, if you were involved in an auto accident while texting or talking on a cell phone, you could be found negligent for all damages and personal injuries incurred.
Oregon law has specific definitions for particular phone usage, and who that usage applies to. For instance, the “hand-held cell phone use ban” prohibits all drivers, regardless of age or driving ability, from using hand-held cell phones while driving. The “all cell phone ban” is more restrictive, and applies to all drivers under the age of 18. 37 states and D.C. ban all cell phone use by teens and novice drivers; some states ban use for school bus drivers. The “texting ban” applies to all drivers and is enforced in 46 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands.
As with most rules, there are exceptions. Oregon law provides exceptions to the ban on mobile phone use while driving if that use is for one-way communication. Hands-free accessories like attachments or built-in features for communication which allow the driver to keep both hands on the steering wheel are legal and permitted, as long as the driver is 18 or older.
Oregon law defines a mobile communication device as a “text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.” As such, the law does not apply if you use your phone for the purpose of seeking medical/emergency help if no other passengers are able to call for help.
Exceptions also include people using mobile devices for farming and agricultural operations; people operating ambulances and/or emergency vehicles; and people operating motor vehicles while providing public safety and/or emergency services. Per law, using a cell phone without a hands-free device, outside of the above mentioned exceptions, is a Class C traffic violation.
If you decide to use your cell phone and make a call as you drive home from work, or send an email at a traffic light, you risk getting caught. Texting while driving laws in Oregon are stringent, and the fine can range from $142-500. But far worse is that you are putting people in danger. Distracted riving, such as using your cell phone, is one of the top causes of accidents in Oregon.
Statistics on the problem of texting while driving are widespread and alarming. A 2011 Center for Disease Control (CDC) Distracted Driving Study found a higher percentage of drivers in the U.S. talked on the phone and read texts and emails while driving than drivers in Belgium, France, Germany, the Netherlands, Portugal, Spain, and the United Kingdom. That same 2011 study found 31% of U.S. drivers between the ages of 18-64 admitted to texting and emailing in the 30 days prior to the survey.
Distracted driving in the United States contributes to more than nine deaths each day, and more than 1,153 people injured in crashes. Distracted driving can be caused by talking on the phone, texting, using navigation systems, using in-car technologies, eating, or even simply taking your eyes off the road.
If you have been in a car accident as a result of someone illegally talking or texting on a cell phone, you need expert legal guidance. Call a Beaverton car injury lawyer today for a free consultation.