Yes. Oklahoma law, 47 O.S. § 11-901d, bars drivers from composing, sending, or reading a text message while driving, with narrow emergency exceptions. If a driver broke this law and caused your Oklahoma City crash, that violation is evidence of negligence you can use to pursue compensation for medical bills, lost wages, and pain and suffering.
The National Highway Traffic Safety Administration estimated that distracted driving contributed to roughly 3,500 deaths and 391,000 injuries nationwide in 2015, the same year Oklahoma passed its texting ban. The Oklahoma Highway Safety Office tracks the state’s distracted driving laws and enforcement. Texting is not the only way a driver can be distracted behind the wheel. If your crash involved a driver who was eating, adjusting a GPS unit, or otherwise not paying attention rather than texting, see our page on distracted driving accidents in Oklahoma City for that broader picture.
Oklahoma’s Law Against Texting While Driving
Oklahoma’s texting ban took effect in 2015 and is sometimes called the Trooper Nicholas Dees and Trooper Keith Burch Act, named for two Oklahoma Highway Patrol troopers killed by a distracted driver while investigating another wreck on the shoulder of a highway. The law makes it illegal to compose, send, or read a text message on a hand-held device while a vehicle is in motion. A violation carries a fine of up to $100.
Service Oklahoma does not add points to a driver’s record for this specific citation, a detail drawn directly from the statute’s own text (47 O.S. § 11-901d(C)), not from the prior live page.
The law carves out a short list of exceptions. Texting does not violate the statute if the driver is contacting one of the following about an ongoing emergency:
- An emergency response operator
- A hospital, physician’s office, or health clinic
- A provider of ambulance services
- A fire department
- A law enforcement agency
Who Is Liable for a Texting and Driving Accident?
A driver who breaks Oklahoma’s texting law and causes a wreck has violated a safety statute written to protect everyone else on the road, which typically counts as strong evidence of negligence in a car accident claim. Oklahoma also follows a comparative negligence rule under 23 O.S. § 13: you can recover damages as long as your fault does not exceed 50 percent, though your own share of fault reduces your award. For a full breakdown of how insurers and courts assign fault after a distracted driving crash, see how fault gets assigned after a distracted driving crash.
Proving a Texting and Driving Claim
Texting cases often turn on records the other driver cannot easily deny. A witness who saw the other driver looking down at a phone in the seconds before impact can corroborate your account. A cell carrier can produce timestamped records showing a text was sent or received at the moment of the crash, though these records typically require a subpoena and a preservation request sent before the carrier’s retention window closes.
Dashcam footage, nearby traffic cameras, or a nearby business’s surveillance video can sometimes catch the other driver holding a phone in the moments before the collision. An Oklahoma City texting and driving accident attorney can move quickly to request and preserve this evidence before it disappears.
What To Do After a Texting and Driving Accident
Call 911 so an officer can document the scene and note whether the other driver admits to texting or is cited under the state’s texting law. Get medical care even if your injuries feel minor at first. Photograph the other vehicle and, if visible, the other driver’s phone. Avoid discussing fault with the other driver’s insurance adjuster before speaking with an attorney, since early statements are often used to minimize a claim. Because phone records and video can be deleted or overwritten within days, contacting an attorney promptly protects the evidence your case may depend on.
How Long Do You Have to File a Claim?
Oklahoma gives you two years from the date of the crash to file a car accident lawsuit under 12 O.S. § 95. For exceptions to this deadline, see Oklahoma’s filing deadline for car accident claims.
Contact an Oklahoma City Texting and Driving Accident Attorney
Every texting and driving accident is different, and the evidence that proves it disappears quickly. Hasbrook & Hasbrook can provide legal help after a car wreck in OKC while you focus on recovering. Call (405) 605-2426 or reach out about your claim for a free consultation about your case.
