Distracted drivers, beware: Virginia’s hands-free law makes it illegal to hold a cell phone while driving. Except in rare circumstances spelled out in the law, doing so is a traffic offense that carries a fine. A distracted driving citation could also be significant evidence in a personal injury claim, as it demonstrates negligence on the driver’s part.
What Changed with the New Hands-Free Law?
Before 2021, Virginia’s hands-free law had a more limited scope. The earlier law only prohibited drivers from holding a cell phone while driving through a work zone. It also banned drivers from typing or reading text messages and emails while driving.
Essentially, the new law broadens the prohibitions found in the prior law. It is now illegal for drivers to hold a cell phone whenever they are driving, not just in work zones – unless they meet one of a few specified exceptions. The ban on typing or reading text messages and emails remains in place.
Are There Any Exceptions in the Hands-Free Law?
Virginia Code § 46.2-818.2 includes a few narrow exceptions for when drivers can hold a cell phone. Those exceptions include:
- Drivers in emergency vehicles who are performing their official duties
- Drivers who are legally parked or stopped
- Drivers using handheld devices to report an emergency
- Drivers using amateur or citizen band radios
- Drivers operating official Department of Transportation vehicles, in certain circumstances
Is It Illegal to Talk on My Cellphone While Driving in Virginia?
Strictly speaking, Virginia’s hands-free law does not ban you from talking on a cell phone while driving. The text of the law says it is illegal to hold a cell phone, not talk on one. While holding a phone while making a call is illegal, it is legal to talk on the phone while using a hands-free device.
What Are the Penalties for Using a Handheld Device While Driving in Virginia?
The penalty for a first violation of Virginia’s hands-free law is a $125 fine. The fine for a second or subsequent offense is $250. If an offense occurs in a work zone, there is a mandatory fine of $250.
Beyond these fines, a citation for violating Virginia’s hands-free rule could also have repercussions if that violation contributed to an accident. A personal injury attorney might argue that the violation of this law is negligence on the driver’s part, making them liable for the collision and whatever injuries it caused others.
The driver who violated the law could also face a much harder road to financial recovery if they were injured in the accident themselves. Virginia’s pure contributory negligence statute means that injured parties cannot recover compensation if they contributed to their own injuries.
Is Using a Cellphone While Driving Considered Reckless Driving?
Virginia Code § 46.2-852 states that it’s illegal to drive in a way that puts other people or their property at risk. It also outlines several specific actions that may constitute reckless driving, though using a cell phone is not on that list. While using a cell phone could put others or their property at risk, judges have held that the specific law making texting a fined offense means it cannot be tried as a misdemeanor, too.
That said, these rules are open to interpretation. A prosecutor might argue that a specific instance of using a cell phone while driving constitutes recklessness, depending on the circumstances of the alleged offense.
What Should I Do After an Accident Caused by Using a Cellphone While Driving?
Your actions immediately after a collision with a driver using a cell phone can have a major impact on a future personal injury claim. Here’s what you can do to protect your rights and give yourself the best chance of recovering fair compensation:
- Contact the police – If the police did not respond to the scene and take an accident report, you can submit one of your own. This report can serve as crucial evidence if you decide to pursue a claim against the distracted driver.
- Document the accident – Take pictures of your injuries, the damage to your vehicle, and anything else that might show how the crash occurred. Write down a narrative of what happened and what you noticed while your memories are still fresh.
- Get medical treatment and keep related records – Follow all medical recommendations and treatments from your doctor. Ask them for copies of any documentation they have of their treatment plan. Keeping a clear record of your injuries and recovery process is vital to maximizing your compensation.
- Avoid speaking with the other driver’s insurance company – Insurance companies don’t want to spend a single cent they don’t have to. If the other driver’s insurance company contacts you, it’s wise to consult with a trusted attorney before providing any statements or accepting a settlement.
- Be cautious on social media – An insurance company could use any public posts or comments about the accident against you. It’s best to keep discussions about the incident off public forums.
- Consult an attorney – A reputable personal injury lawyer will understand Virginia’s texting-while-driving laws and how they can help your case. They can advise you on your rights, prepare an insurance claim on your behalf, and pursue the full compensation you deserve.
What Compensation Could I Be Owed After a Distracted Driving Accident?
The specific amount you could receive in compensation for a distracted driving accident depends on factors like the extent of your injuries, the insurance coverage involved, and the clarity of liability. That said, you could be owed money for your:
- Medical bills, including the cost of future treatments you need
- Lost wages
- Reduced future earnings
- Pain and suffering
- Emotional distress
- Lower quality of life
Contact a Virginia Car Accident Lawyer
Even though Virginia has a hands-free driving law, many motorists continue to put themselves and others at risk by using their cell phones while driving. If a distracted driver hit and injured you, the team at Marks & Harrison can help you pursue fair compensation. Call us today or complete our contact form for a free consultation with a Virginia car accident lawyer.
