Texting and distracted driving laws in Oregon

The state bans more than texting. Oregon makes it illegal to hold a phone at all while you drive, and an officer can stop you for that alone. If the driver who hit you was looking at a screen, that matters, and the rules here are stricter than most people expect.

Here's what the law actually says, what a citation costs, and how a distracted-driving ticket can affect your injury claim.

What Oregon's law actually bans

The controlling statute is ORS 811.507, "Operating a motor vehicle while using a mobile electronic device." ¹ It makes two separate things illegal while you drive: holding a mobile electronic device in your hand, and using one "for any purpose." ¹ You don't have to be typing a text. Reading a map or scrolling a feed counts too.

A "mobile electronic device" is any electronic device not permanently installed in the vehicle. The statute lists phones, tablets, GPS units, and laptops used for texting, calls, entertainment, navigation, internet, or email. ¹

Two things trip people up. First, this is primary enforcement, so an officer can stop you for the phone alone, with no other violation needed. ² Second, "driving" includes sitting at a red light or stopped in traffic. The statute's parking exception covers a vehicle stopped in a designated parking space, not a temporary stop at a signal. ¹ Picking up your phone while you wait for the light to change is still a violation.

The exceptions that actually apply

Oregon does allow hands-free use, with limits. A driver 18 or older may use a device through a hands-free accessory or built-in system, and the law treats a single touch or single swipe to activate or deactivate a function as an affirmative defense. ¹ Drivers under 18 get no hands-free allowance; for them, any use is off-limits. ²

The statute carves out a short list of other situations: summoning medical or emergency help when no one else is available to call, ambulance and emergency vehicle operators, police, fire, and EMS acting in their official duties, certain commercial and two-way radio users in jobs like forestry, utilities, and school transport, and licensed amateur (HAM) radio operators 18 and older. ¹ Medical devices are exempt. These are defenses you would have to raise, not blanket permissions to use a phone.

What a ticket costs

The penalty climbs with each offense, and faster if the phone use causes a crash. ¹

A first offense that doesn't contribute to a crash is a Class B traffic violation. The presumptive fine is $265, and the maximum a court can impose is $1,000. ³⁴

A first offense that does contribute to a crash, or a second offense within ten years, becomes a Class A traffic violation. The presumptive fine rises to $440, up to a $2,000 maximum. ¹³⁴

A third offense within ten years stops being a traffic ticket. It's a Class B misdemeanor, a criminal charge that carries a minimum fine of $2,000, a maximum of $2,500, and up to six months in jail. ¹²

First-timers get one break. If your first conviction didn't contribute to a crash, the court can suspend the fine entirely if you complete an approved Distracted Driving Avoidance Course and show proof within 120 days of sentencing. ¹ The course runs at least 90 minutes and can be taken in a classroom or online. ² It's available only once, and the violation still goes on your driving record even when the fine is waived. ²

Oregon's distracted-driving numbers

This is not an abstract problem here. From 2019 through 2023, Oregon recorded 28,699 distracted-driving crashes that killed 221 people and injured 28,332. ² Wrecks tied specifically to cell-phone use accounted for 1,987 crashes, 26 deaths, and 1,790 injuries over that period. ² Enforcement is active too: drivers picked up 62,237 convictions under ORS 811.507 across the same five years. ²

The national picture is no better. NHTSA reports that 3,275 people were killed in distraction-affected crashes across the United States in 2023. ⁵

How a texting citation affects your injury claim

If the driver who hit you was cited under ORS 811.507, that reaches well past their traffic fine. Oregon is an at-fault state, so the driver responsible for a crash, and their insurer, is liable for the harm caused. Breaking a safety statute like the handheld ban is strong evidence that the other driver failed to use reasonable care.

Oregon follows modified comparative negligence with a 51% bar under ORS 31.600. ⁶ You can recover damages as long as your own share of fault is less than 51%, and your award drops by whatever percentage of fault is assigned to you. A distracted driver who caused the wreck usually carries most of that fault, but expect the insurer to argue you contributed something. Documenting the other driver's phone use, and the citation, helps hold that line.

While the fault question plays out, your own coverage helps first. Oregon requires personal injury protection (PIP) on every private-passenger auto policy, with at least $15,000 in medical benefits for expenses incurred within two years of the crash, paid by your own insurer regardless of who caused it. ⁷

Watch the clock. In Oregon you generally have two years from the date of the crash to file a personal injury lawsuit under ORS 12.110(1). ⁸ The two-year deadline is the one that catches people off guard, so don't let it slip while you negotiate.

When you're ready for next steps, you can find a local attorney through the thatcarhitme.com legal directory. For the official police documentation of your wreck, see how to get your Oregon crash report. And if your repaired car is now worth less than it was, that's a separate claim; start with diminished value in Oregon.

A citation against the other driver won't undo your injuries, but it's a documented fact that can shape both the fault analysis and the settlement. Get the police report, note the citation, and mind the two-year deadline.

This article is general information, not legal advice.

Sources

1. Oregon Revised Statutes, ORS 811.507 (Operating motor vehicle while using mobile electronic device; exceptions; penalty). https://oregon.public.law/statutes/ors_811.507

2. Oregon Department of Transportation, Distracted Driving. https://www.oregon.gov/odot/safety/pages/distracted.aspx

3. Oregon Revised Statutes, ORS 153.019 (Presumptive fines). https://oregon.public.law/statutes/ors_153.019

4. Oregon Revised Statutes, ORS 153.018 (Maximum fines for violations). https://oregon.public.law/statutes/ors_153.018

5. National Highway Traffic Safety Administration, Distracted Driving in 2023 (Research Note DOT HS 813 703). https://crashstats.nhtsa.dot.gov/Api/Public/Publication/813703

6. Oregon Revised Statutes, ORS 31.600 (Comparative negligence). https://www.oregonlegislature.gov/bills_laws/ors/ors031.html

7. Oregon Revised Statutes, ORS 742.524 (Personal injury protection benefits). https://www.oregonlegislature.gov/bills_laws/ors/ors742.html

8. Oregon Revised Statutes, ORS 12.110 (Actions for certain injuries to person). https://www.oregonlegislature.gov/bills_laws/ors/ors012.html