Oregon’s Distracted Driving Law: Essential Information for Motorists

A serious car accident can turn life upside down in a matter of moments. When the accident is caused by a distracted driver and thus preventable, the collision can be all the more upsetting. Sadly, distracted driving is a factor in far too many crashes.

From 2017 through 2021, over 26,000 accidents were caused by distracted drivers in Oregon. Further, these accidents resulted in 194 fatalities and more than 24,000 injuries. In view of the significant risks to all motorists, Oregon has enacted a distracted driving law. 

It is advantageous for all drivers to be familiar with the law as a means of protection for themselves and others. Additionally, if you were hit by a distracted driver, you may have legal recourse for compensation under this statute. This article will give you an overview of Oregon’s distracted driving law. We will also consider the law’s intended impact on driving habits and the potential penalties for individuals who break it.

At Johnston Law Firm, we believe that distracted drivers should be held accountable for the accidents they cause. If you have been hurt in such an incident, please call us today or fill out our online contact form for a free consultation, to learn what our award-winning legal team can do for you.

What Defines Distracted Driving in Oregon?

Distracted driving occurs when the person behind the wheel diverts his or her attention to something unrelated to driving. When a driver fails to focus on the road, there can be dangerous consequences.

The Oregon Department of Transportation (ODOT) lists 4 kinds of driver distractions:

• Visual: Looking at something other than the road
• Auditory: Hearing something not related to driving
• Manual: Handling something other than the steering wheel
• Cognitive: Thinking about something other than driving

The most dangerous driver distractions involve more than one element of diversion. For instance, the use of a handheld cell phone, which can distract a driver in all four of the above ways, is explicitly targeted under the distracted driving statute.

Oregon’s Distracted Driving Law Explained

The Oregon distracted driving law is also sometimes referred to as the cell phone law. Under this statute, it is illegal to drive while using a mobile electronic device.

This Oregon law specifically prohibits the following while driving:

• Talking on a handheld cell phone
• Using a handheld mobile communication device
• Reading, writing, or sending text messages or emails from a handheld device
• Drivers under 18 are prohibited from using any mobile phone or other device, even if it is in hands-free mode

Using any handheld device while driving can cause a number of unnecessary distractions. When motorists fail to adhere to distracted driving and cell phone laws, they needlessly put themselves and others at significant risk of an accident.

Exceptions to Oregon’s Distracted Driving Law

The distracted driving law in Oregon is strictly enforced. However, the statute does include various exceptions, depending on the type of handheld device and the manner in which it is used.

Oregon’s distracted driving law makes certain allowances:

• It is okay to send and receive text messages using voice-to-text hands-free technology as long as the driver is 18 years of age or older
• Drivers are allowed to use a single touch or swipe to activate or deactivate the device
• Handheld devices may be used when the vehicle is parked safely, such as in a designated parking spot, but it is not permitted to use the device when at a red light or stopped in traffic
• Any driver is allowed to use a handheld mobile device when providing or summoning medical help if no one else is available to make the call
• Commercial drivers may use an electronic logging device, as required by law
• Two-way radios can be used by CB users, such as school bus drivers and utility truck drivers, when used within the scope of their employment
• Electronic devices are permitted for use by emergency personnel, such as police officers, EMS providers, firefighters, and others, when used within the scope of their employment
• Use of a two-way radio is permitted for drivers 18 and older

While there are exceptions to the Oregon distracted driving statute, it is generally the best practice to simply put the phone away when you are on the road. In the event that you cause a car accident, the other party will most certainly investigate to see whether cell phone use played any role in the events that occurred.

Penalties Under Oregon’s Distracted Driving Statute

In Oregon, the police can pull you over and write you a citation for violating distracted driving laws, even if you are in control of your vehicle. Thus, it’s rather wise to be on your phone while driving. 

The penalties for distracted driving violations in Oregon include:

• First offense with no crash: This is a Class B violation with a maximum fine of $1,000 
• First offense with a crash: This is a Class A violation with a maximum fine of $2,000 
• Second offense: Like a first offense with a crash, a second offense is a Class A violation with a maximum fine of $2,000
• Third offense within 10 years: This is a Class B misdemeanor with a maximum fine of $2,500 and up to 6 months in jail

First-time offenders who are not involved in a traffic accident may be allowed to take an approved distracted driving avoidance class within 4 months of the violation to suspend the fine. It should be noted that the traffic infraction will remain on the individual’s driving record. 

Additional Types of Distracted Driving

Although using a handheld mobile device is one of the first things considered after an accident involving a distracted driver, other behaviors can be just as consequential. Such things as eating and drinking, talking to others in your vehicle, or changing the radio station can easily divert your attention from the roadway ahead.

Any non-driving activity you engage in on the road is a potential distraction and increases your risk of crashing. While Oregon’s distracted driving law outlines the rules for cell phone use specifically, it is always best to avoid as many distractions as possible. By driving in a responsible manner, you greatly reduce your chances of being found negligent in the event of a collision.

Reach Out to an Experienced Oregon Car Accident Attorney for Help

A distracted driver can cause an accident that results in significant physical injuries, property damage, and emotional pain and suffering. If you have been hurt because another motorist was on his or her cell phone or distracted in some other manner, you deserve restitution for what you have gone through.

Laws are in place to protect Oregonians from the negligent and reckless actions of others. Understandably, you may feel overwhelmed by the prospect of pursuing an accident claim or lawsuit against the distracted driver. Please rest assured that you do not have to face this daunting task alone.

At Johnston Law Firm, P.C., we are proud to advocate for car accident, motorcycle accident, or truck accident victims throughout Oregon. We leave no stone unturned in seeking justice and fair compensation for each and every individual we represent. Marc A. Johnston is a lawyer for the people, having handled thousands of personal injury cases throughout Oregon, with dedication, success, and great understanding for his clients.

Please don’t wait to get the help you need after an accident involving a distracted driver. Call Johnston Law Firm directly or fill out our online contact form for a free confidential case review. A member of our legal team is standing by to hear your story.