Virginia Texting and Driving Laws

Distracted driving accidents have become increasingly common in Virginia. While completely preventing distracted driving accidents is impossible, it is worth trying to reduce them. Virginia legislators recently implemented a hands-free driving law that bans the use of handheld cell phones while driving in most situations.

Being familiar with the Virginia cell phone driving law can be useful if a distracted driver hits you. Contact or call (703) 762-2142 D. Michael Mullori, Jr., Attorney at Law, for a free consultation to secure legal representation and pursue compensation from an at-fault driver in a distracted driving crash.

Key Points of the Virginia Cell Phone Driving Law

Virginia law bans most drivers from using handheld cell phones while behind the wheel.

Here are the essential points to know:

• Holding a phone while driving is illegal. Drivers are not allowed to hold a handheld personal communication device while operating a moving vehicle on any highway in Virginia.
• The law applies to all highways, streets, and roads. It does not matter whether you are in a busy city or on a rural road, the rules are the same across the state.
• Penalties start at $125. A first offense results in a $125 fine. A second or later offense comes with a $250 fine.
• Work zone violations come with higher penalties. If the offense happens in a highway work zone, the fine is a mandatory $250, even for a first offense.
• Distracted driving is part of the driver’s license exam. The law also requires new drivers to learn about distracted driving as part of the knowledge test.

Along with this recent law, other Virginia statutes may apply to distracted driving accidents. For example, distracted driving may also rise to the level of reckless driving, which is a more severe offense in Virginia.

Under state law, a person is guilty of reckless driving if they operate a vehicle in a way that endangers the life, limb, or property of any person. That means if someone is texting or using a phone and their driving puts others at risk, they could face a reckless driving charge. A reckless driving offense carries harsher penalties, including the possibility of jail time, license suspension, and a permanent criminal record.

Exceptions and Legal Loopholes to Know

The Virginia cell phone driving law prohibits most drivers from using handheld phones.

But, there are some exceptions to the rule, such as:

• Emergency vehicle operators – Drivers of police cars, fire trucks, ambulances, and other emergency vehicles can use handheld devices while performing their official duties.
• Lawfully parked or stopped vehicles – If you are legally parked or stopped, such as if you are safely pulled over on the side of the road, you can use a handheld device without legal consequences.
• Calling to report an emergency – Any driver may use a handheld phone to report an emergency, such as a crash, crime, or medical event.
• Use of amateur or CB radios – The law does not apply to people using amateur (HAM) radios or citizens band radios (CBs).
• Certain Department of Transportation workers – Operators of DOT vehicles or contractors performing traffic incident management services can use handheld devices while performing their official duties.

Penalties for Violating the Virginia Phone Ban

Violating Virginia’s hands-free law comes with financial penalties. If a law enforcement officer catches you holding a cell phone while driving, the fine for a first offense is $125. For a second or subsequent offense, the fine increases to $250. If the violation happens in a highway work zone, the fine is automatically $250, even for a first offense.

The penalties are more severe if your phone use leads to a reckless driving charge. In Virginia, reckless driving is a Class 1 misdemeanor. If prosecutors secure a conviction against you, you could face up to 12 months in jail, a fine of up to $2,500, and a potential license suspension for up to six months. A reckless driving conviction also adds six demerit points to your driving record.

Beyond legal fines and jail time, there are other long-term consequences for breaking these laws. A traffic infraction – even a first-time phone violation – can cause your insurance rates to spike. A reckless driving conviction is even more damaging, as it creates a criminal record. That can affect your job opportunities, security clearances, and ability to rent a car or apply for certain professional licenses.

How Virginia’s Cell Phone Law Affects Accident Liability

Driving while using a cell phone is both dangerous and a crime. If someone causes a crash because they were looking at their phone, their actions would likely make them liable for the accident.

Civil liability is a separate issue from any traffic violations related to cell phone use behind the wheel. A distracted driver could still face civil responsibility for a car crash due to cell phone use even if they are acquitted on related traffic tickets or never charged in the first place.

Notably, the burden of proof is lower in civil cases (including personal injury claims) than in criminal cases. While prosecutors must prove someone’s guilt beyond a reasonable doubt in criminal cases, the standard for civil liability is the preponderance of the evidence, meaning you only need to show that it is more likely than not that the other driver acted negligently.

Our Virginia distracted driving accident attorney can collect phone records, surveillance footage, eyewitness accounts, the police crash report, and other evidence to show that the other driver was using their phone when the crash happened.

Why You Need a Lawyer After a Distracted Driving Crash

Distracted driving accidents often cause severe injuries and leave victims unable to work for weeks or months, possibly for the rest of their lives. Without legal support, you are less likely to win your case and recover the money you need. Having an experienced attorney on your side is especially important because Virginia’s contributory negligence law says you cannot recover compensation if you played any role in causing a crash.

Our distracted driving accident lawyer can manage your legal case while you rest and heal. Attorney Mike Mullori can gather evidence, file the necessary forms, document your injuries, and negotiate for a fair settlement. He can make sure any offers from the insurance companies reflect all the losses you have suffered. Mike can also take your case to trial and represent you in court if the insurers will not offer a fair deal.

Call Now for a Free Consultation from Our Distracted Driving Attorney

D. Michael Mullori, Jr., Attorney at Law, has over 25 years of experience representing injured people in Northern Virginia and helping them seek fair compensation. Let Mike shoulder your legal burden and fight for your future.

Call (703) 762-2142 now or complete our contact form for a free consultation.