Distracted Driving Accidents

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Distracted Driving Accidents

Distracted Driving Accident Lawyer

When you get behind the wheel of your car, you have certain expectations for your commute. You probably won’t be surprised if you get stuck at a red light for what feels like an hour (even though it was probably only a minute at most). Someone is probably driving five miles below the speed limit in the fast lane, and maybe you spy highway patrol doing their rounds on an overpass.

What you don’t expect, however, is to have your life turned upside down due to the carelessness and recklessness of a distracted driver.

Distracted driving is rapidly turning into one of the leading causes of accidents today. A whopping 26 percent of all car crashes can be pinpointed to the driver using their cellphone while driving. At any given time today, some 660,000 people will be distracted by an incoming call or text, which will lead to 1.6 million car crashes this year. In fact, the problem is so bad that Ohio lawmakers passed a new law banning the use of cell phones when driving.

This year, nearly 3,500 lives will be claimed due to distracted driving. Nearly 400,000 people will be injured due to a distracted driver, too. These numbers are unacceptable and entirely preventable. An automobile accident can destroy the lives of victims. Their families will have their lives torn apart too, especially knowing the accident was caused by a distracted driver.

Distracted Driving Behaviors

Car accident lawyers like myself, know the leading causes of distracted driving include:

Cell Phone Use

Texting, talking on the phone, or using apps while driving diverts visual, manual, and cognitive attention from the road, increasing the likelihood of accidents. Drivers who are distracted may not notice other drivers’ actions or changes in traffic conditions. Cell phone use while driving, is one of the leading causes of car accident claims.

Eating and Drinking

Consuming food or beverages while driving requires manual dexterity, and can result in reduced focus on the road and delayed reaction times. Far too many car accidents occur due to sudden stops or collisions with other vehicles because of eating while driving.

Fussing with the Radio or Infotainment System

Adjusting the radio, changing music, or programming GPS systems is something drivers do while on the freeway! These behaviors are visually and mentally distracting, because drivers take their eyes off the road and miss critical actions.

Conversations with Passengers

Engaging in intense or emotional conversations with passengers can divert a driver’s cognitive focus, leading to impaired decision-making and an increased risk of an accident. IF you’ve been injured by a distracted driver and need the help of a personal injury attorney, I am here to help you file a car accident claim to seek financial recovery for your injuries.


Activities such as applying makeup, shaving, or fixing hair while driving detracts attention away from the road. It can be nerve wracking when you drive by someone who is clearly more focused on their face than the road in front of them. Let’s face it, their insurance company would be fuming!

Using In-Car Electronics

Interacting with in-car electronics, like touchscreens or climate control systems, can distract drivers visually and mentally. Doing so reduces the ability to respond quickly to changing road conditions and increases the risk of accidents.

Watching The Phone

Viewing videos, movies, or even live sporting events happens way too often! Whether it’s on a mobile device or car entertainment system, driving while watching anything other than the road is dangerous.

Using Portable Electronics

Operating devices such as laptops, tablets, or handheld gaming consoles should never happen while driving because doing so puts the driver and others on the road in danger. These distractions can easily lead to catastrophic collisions resulting in serious injuries.


Slowing down to look at car accidents or other incidents on the road can lead to rear-end collisions, as drivers may not notice the slowing traffic ahead. Rubbernecking not only causes traffic to come to a near standstill, but it also may cause fender-benders or more serious collisions.

Car Accident Injuries

I have been a car accident attorney for more than 40 years, and I’ve seen horrific injuries. Here is a short list of injuries commonly caused by car accidents, along with brief descriptions:

  1. Whiplash: Whiplash is a neck injury that occurs when the head jerks forward and then backward suddenly. It can lead to neck pain, stiffness, headaches, and limited range of motion.

  2. Fractures: Car accidents can cause bone fractures and completed breaks of arms, legs, ribs, or collarbones. Fractures are painful and may require surgery, casting, or immobilization.

  3. Concussion: A concussion is a traumatic brain injury resulting from the head being jolted or striking an object during an accident. Symptoms may include headache, confusion, dizziness, and memory problems.

  4. Spinal Cord Injury: Accidents can cause damage to the spinal cord, potentially leading to partial or complete paralysis, loss of sensation, and long-term disability.

  5. Traumatic Brain Injury (TBI): TBIs range from mild to severe and can result in cognitive impairments, mood changes, memory loss, and physical disabilities.

  6. Soft Tissue Injuries: These injuries include sprains, strains, and tears to muscles, ligaments, and tendons. They can cause pain, swelling, and limited mobility.

  7. Internal Injuries: Car accidents can cause internal injuries, such as organ damage or internal bleeding. These injuries may not be apparent initially, but can certainly be life-threatening if not treated immediately. Seek medical attention after a car accident, even if you think you are ok.

  8. Burns: In severe car accidents, fires or explosions may occur, causing burns ranging from first-degree (superficial) to third-degree (full-thickness) burns, often requiring extensive medical treatment.

  9. Emotional Distress: Psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression, can result from the emotional trauma of a car accident. Emotional distress is difficult to manage, and should not be overlooked if you elect to seek compensation.

Driving With a Cell Phone in Ohio

The laws regarding the use of cell phones while driving in Ohio are primarily aimed at preventing distracted driving. Here’s a summary of Ohio’s cell phone use laws while driving:

  1. Texting Ban: In Ohio, it is illegal for all drivers, regardless of age, to write, send, or read text messages or emails while operating a vehicle. This is a primary offense, meaning law enforcement can pull over a driver solely for texting while driving, without needing another reason.

  2. Handheld Ban for Young Drivers: Ohio has a handheld ban for drivers under the age of 18 with a probationary driver’s license or learner’s permit. These drivers are prohibited from using any electronic devices, including cell phones, while operating a vehicle, except in emergencies.

  3. School Zones and Work Zones: In Ohio, it is illegal for all drivers to use handheld electronic devices, including cell phones, while driving in school zones or active work zones when workers are present. This applies to both texting and making phone calls unless using a hands-free system.

  4. Hands-Free Devices: Ohio law allows drivers of all ages to use hands-free devices to make phone calls while driving. This typically involves using Bluetooth technology or other hands-free options that do not require holding the phone.

  5. Emergency Calls: Ohio’s cell phone laws do not prohibit drivers from making emergency calls to law enforcement agencies, medical providers, fire departments, or other emergency services while driving. However, for safety reasons, it is advisable to pull over if possible when making an emergency call.

  6. Penalties: Violating Ohio’s texting or handheld cell phone bans can result in fines and potential license suspension for young drivers with learner’s permits or probationary licenses.

It was very important for Ohio lawmakers to make sure these laws were put in place. Too often, at the accident scene, it is learned that the at fault driver was texting, or looking at something on their phone. If you were injured in an accident because of a negligent driver using their phone, you need to call me and file a personal injury claim. Throughout my career as an auto accident lawyer, I have seen how important it is to follow traffic safety laws, and the devastation that results when safety laws are not adhered to.

Frequent Distracted Drivers

Distracted driving can affect individuals of various demographics, but certain groups may be more prone to driving while distracted . Here is a list of some of the biggest offenders who are putting your safety at risk:

  1. Young Drivers (Teenagers and Young Adults):

    • Young drivers often lack experience and may underestimate the risks associated with distracted driving. They may be more inclined to use their phones for texting, social media, or entertainment while driving, leading to a higher likelihood of car accidents.

  2. Parents with Young Children:

    • Parents of young children may become distracted by their kids’ needs and behaviors in the car. Attending to a crying baby, breaking up arguments, or trying to comfort children can divert a parent’s attention away from the road, making them more prone to negligent driving.

  3. Commuters and Busy Professionals:

    • People with busy work schedules and long commutes may use their drive time to catch up on work emails or conduct business calls. This multitasking is dangerous, as they prioritize work-related tasks over road safety.

  4. Delivery Drivers and Rideshare Drivers:

    • Drivers who rely on their vehicles for work, such as delivery drivers or rideshare drivers, may be more prone to use GPS apps, handling orders, or interacting with their smartphones while driving. The pressure to meet deadlines and complete tasks quickly can contribute to distracted driving accidents.

  5. Frequent Travelers:

    • Those who spend a significant amount of time on the road, such as long-distance truck drivers or sales representatives, may use driving time to stay connected with clients, check messages, or engage in work-related activities.

  6. Technology Enthusiasts:

    • Individuals who are highly reliant on technology and gadgets may be more tempted to use their smartphones, tablets, or in-car infotainment systems while driving. Their fascination with technology can lead to distractions that increase the risk of car accidents.

  7. Inexperienced Drivers (New Drivers and Foreign Drivers):

    • New drivers and individuals who are not familiar with local road conditions may struggle with navigation and adjusting to traffic norms. Their lack of experience can make them more prone to accidents caused by their negligence.

It’s crucial to recognize that distracted driving is a dangerous behavior that can lead to severe car accidents. Regardless of demographic factors, anyone engaging in distracted driving should be aware of the risks and consequences.

You Need To Call Me

Many people simply do not realize how fast they are going while they are on the road. If, for instance, a driver is cruising along at 55 miles per hour, they can quickly span the length of a football field in just a few seconds. Checking a text, on average, takes around 4 to 5 seconds. To put it bluntly, a lot can happen in those few seconds, and lives can be forever changed. A distracted driver can collide head-on with a car in front of them, an animal that has darted into the road, or a pedestrian who may have the right of way.

The good news is, most people agree that distracted driving is a problem and that cell phone use should be banned when someone is driving. However, just because most of us agree with this, implementing it has been a challenge. Nearly half of all drivers will take a call while driving, and 1 in 10 will respond to a text. Is that call or text really worth ruining someone’s life?

Life after an unexpected car accident can be very scary and uncertain. There will be an endless stream of medical visits and rehabilitation to try to help regain your health and mobility. If the victim was the primary breadwinner for the home, they may find themselves unable to work and provide for their families. When bills are piling up, this can be absolutely stressful and terrifying.

If you have been injured in a car crash due to a distracted driver, please give me a call today for your free consultation. Time is definitely a factor because a two year statute of limitations exists. Call me!

As your car accident lawyer, I’m ready to help you get the maximum amount of financial recovery for your injuries. I’ve served the greater Cleveland area for more than 40 years, and I’m ready to represent you. I take on Big Cases with Big Results, and I won’t shy away from aggressively pursuing your claim.

I want you to feel comfortable reaching out to me no matter if it’s noon or midnight, so when I take your case, I’ll give you my personal cellphone number. Please feel free to give a call or text; I’ll always answer. Furthermore, I understand completely that you’re focused on healing and recovering after your accident. I don’t want you to feel like you have to drive halfway across the state to talk to me, which is why I’ll come to you. I’ve met clients in hospitals, cafes, and their own homes, and I’ll meet you wherever is easiest for you.

Whether you sustained your injury on I-90 or State Route 3, I can help you get the compensation you need to get back on your feet – I’ll Make Them Pay!®


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.