Hit by a distracted driver in Oklahoma City: the texting law and your claim

More rules: Oklahoma car accident laws at a glance

What Oklahoma's texting law says

Under 47 O.S. § 11-901d(A), it is unlawful to operate a motor vehicle on any street or highway in Oklahoma "while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion."

A few details from the statute:

• "Text message" includes "a text-based message, instant message, electronic message, photo, video or electronic mail" (§ 11-901d(F)(4)).
• Not covered: devices built into the vehicle, voice-operated navigation affixed to the vehicle, and hands-free devices used "without the use of either hand except to activate, deactivate or initiate a feature or function" (§ 11-901d(F)(3)).
• Emergency exception: contacting 911, a hospital or clinic, an ambulance service, firefighters or law enforcement about "an imminent emergency situation" (§ 11-901d(D)).
• Penalty: a fine of not more than $100, and the state does not assess license points (§ 11-901d(B)–(C)).

That small criminal penalty doesn't limit your civil claim. A traffic ticket and an injury claim are separate.

Source: 47 O.S. § 11-901d, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=476472 (read on OSCN 2026-10-28)

Distraction is broader than texting

The texting statute covers one specific behavior. A driver can also be careless by looking at a map, eating, reaching for something, or watching something other than the road. In a civil claim, the question is whether the driver failed to use reasonable care, whether or not a texting citation was written.

Two narrower rules also apply. Hand-held phone use is barred in a road construction zone; see work-zone crash rules in Oklahoma. Teen drivers with a permit or intermediate license face added limits; see crashes with a teen driver.

Proving the other driver was distracted

Distraction is often hard to prove because drivers rarely admit it. Evidence that can help:

• What you saw: a phone in hand, the driver looking down, no braking before impact.
• Statements at the scene: what the driver said to you, witnesses or police. Write it down soon.
• Witnesses: other drivers or passengers who saw the driver before the crash.
• Video: dashcams, business cameras or doorbell cameras near the scene.
• Vehicle event data: speed and braking data can show a driver who never slowed. See vehicle event data after a crash.
• Phone records: these may be obtainable in a lawsuit, subject to court rules and privacy limits.
• The crash report: officers may note a contributing factor such as distraction. See how to get your Oklahoma crash report.

Fault and shared fault

If you were rear-ended by a distracted driver, Oklahoma's following-distance rule also applies.

Oklahoma compares negligence:

• Your own negligence doesn't bar recovery unless it is of greater degree than the negligence of the person, or the combined negligence of the people, who caused the harm (23 O.S. § 13).
• If you can recover, your damages are reduced in proportion to your share (23 O.S. § 14).

Insurers sometimes argue that the injured driver was distracted too, so be careful about what you say. See who is at fault after an Oklahoma car accident and insurance calls after a wreck.

Sources: 23 O.S. § 13, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71131 ; 23 O.S. § 14, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71132

What to do after a distracted-driver crash in OKC

1. Give your information and reasonable help to anyone injured. In a crash that injures or kills someone or damages a vehicle someone is driving or attending, each driver must give their name, address and vehicle registration number, show their driver license and security verification form on request, and give reasonable assistance to anyone injured (47 O.S. § 10-104). If anyone is hurt, notify police "by the quickest means of communication" (47 O.S. § 10-107).
2. Tell the officer what you saw, such as a phone in hand or the driver looking down. Stick to facts.
3. Get witness names and numbers before they leave.
4. Look for cameras nearby and note the businesses or homes. Private video may be overwritten quickly.
5. Get medical care and keep records. See who pays medical bills after a wreck.
6. Don't post about the crash on social media while your claim is open.

Sources: 47 O.S. § 10-104, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82248 ; 47 O.S. § 10-107, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82251

Whose insurance pays

The at-fault driver's liability coverage is usually the first source, and Oklahoma requires liability coverage (47 O.S. § 7-601). If that driver had no insurance or not enough, your uninsured-motorist coverage may apply unless it was rejected in writing (36 O.S. § 3636). See uninsured motorist claims. The lawsuit deadline for most injury claims is two years (12 O.S. § 95(A)(3)). For how losses are measured and what can reduce them, see what shapes car accident compensation.

Sources: 47 O.S. § 7-601, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82225 ; 36 O.S. § 3636, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144 ; 12 O.S. § 95, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439150

Distracted-driving crashes in Oklahoma City

In 2021, OHSO recorded 1,886 distracted-driving crashes in Oklahoma City, 8 of them fatal. These are reported crashes only. 2021 is the newest finalized OHSO Crash Facts year available when checked. For more figures, see Oklahoma City crash data.

Source: Oklahoma Highway Safety Office, 2021 Oklahoma Crash Facts, distracted driving section, "Distracted Driving Crashes in Cities … by City (5,000+ population) & Crash Injury Severity," Oklahoma City row (fatal: OHP 2 + city PD 6; total 1,886), https://oklahoma.gov/content/dam/ok/en/highwaysafety/documents/the-work-we-do/crash-data/2021_s9_distracted.pdf (data year 2021; retrieved 2026-10-28)

Deadlines

For most Oklahoma injury claims, the lawsuit deadline is two years (12 O.S. § 95(A)(3)). A crash with a government vehicle has written-notice rules that come sooner. See Oklahoma car accident deadlines.

Source: 12 O.S. § 95, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439150

Common questions

Is texting while driving illegal in Oklahoma?

Yes. It is unlawful to use a hand-held device to manually compose, send or read a text message while driving a moving vehicle on a street or highway (47 O.S. § 11-901d(A)), with limited emergency exceptions.

Is hands-free use allowed?

The texting statute excludes devices built into the vehicle, voice-operated navigation affixed to the vehicle, and hands-free devices that don't require either hand except to activate a function (47 O.S. § 11-901d(F)(3)).

What if the driver didn't get a texting ticket?

A citation isn't required for a civil claim. Fault is decided on the evidence, and Oklahoma compares each driver's negligence (23 O.S. §§ 13–14).

Can phone records be used?

They may be obtainable in a lawsuit, subject to court rules and privacy limits. Ask a lawyer early so evidence is preserved.

How long do I have to file?

For most Oklahoma injury claims, two years (12 O.S. § 95(A)(3)). Some claims have different deadlines.

Is it illegal to talk on the phone while driving in Oklahoma?

Oklahoma's texting statute, 47 O.S. § 11-901d, covers using a hand-held device to manually compose, send or read a text message while the vehicle is in motion. That section doesn't address voice calls. Other Oklahoma laws may, and this page doesn't cover them.

What to do next: see Oklahoma City car accident questions and next steps.

Information, not legal advice. Every crash is different.