In Need Of Cell Phone Driving Laws Attorneys in Richmond & Tappahannock, VA?

Ryan Wind

Distracted driving is a leading cause of car accidents in the Richmond, Virginia, area. There are many potential distractions that may cause a driver to take their attention off the road. We all know, however, that the most common distraction is cell phone usage.

While it may not be accurate to say most people are addicted to their smartphones, it is safe to say that we all rely on mobile communications devices for many of our daily activities. But using a smartphone while driving is not just reckless–it is also illegal in Virginia. And if a driver distracted by their cell phone causes an accident, they can be held legally responsible for any injuries suffered by innocent victims.

A qualified Richmond, Virginia cell phone driving laws attorney can represent you in a personal injury claim arising from a distracted driving accident. Attorney Ryan Wind has over a decade of experience in negotiating settlements on behalf of accident victims and taking negligent drivers to court. He understands the damage that can arise from someone negligently–and illegally–using a cell phone while behind the wheel.

Cell Phone Driving Laws

What Virginia Law Says About Using Phones While Behind the Wheel

Virginia was relatively late to the party when it came to addressing the use of cell phones while driving. The current Virginia law took effect in 2021 and makes it unlawful for “any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.” This wording is important. It is not just against the law to actively use the phone–e.g., texting while driving–but even to hold it in your hands.

Wind Injury Cell Phone Laws infographic

There are some exceptions to this general ban. For instance, it is acceptable for a driver to hold their phone while their vehicle is “lawfully parked or stopped.” Drivers of emergency vehicles such as ambulances and fire trucks can also use their phones when they are actively performing their duties. Similarly, any driver can use their phone to report an emergency in progress.

Violating Virginia’s cell phone laws is considered a traffic infraction. This means a person will not be arrested or face any jail time. Instead, the offender faces a $125 fine for a first offense. That amount doubles to $250 for second and any subsequent violations. The $250 fine also applies to any offense that occurs within a designated highway work zone.

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Aside from any traffic citation, using a cellphone while driving is often cited as proof of a driver’s negligence should they cause an accident that results in injury or property damage. A plaintiff pursuing an insurance claim or personal injury lawsuit can definitely point to distracted driving as a cause of the accident. So if you have been injured in an accident and need legal advice from a qualified Richmond, Virginia, cell phone driving laws attorney, contact Wind Injury Law, LLC, today to schedule a consultation.

Frequently Asked Questions for Our Richmond & Tappahannock Cell Phone Driving Laws Attorneys

How can I prove the other driver was using their phone at the time of the accident?

Proving cell phone use at the time of a collision often involves gathering phone records, reviewing traffic camera or dashcam footage, and obtaining witness statements from others who saw the driver on their device. In some situations, data from the phone itself can show whether a call, text, or app was active at the moment of impact. An experienced distracted driving accident attorney in Richmond or Tappahannock can help you identify and preserve this type of evidence early in the process.

Can I file a personal injury claim if I was a passenger in a car where the driver was using their phone?

Yes, passengers who are injured in an accident caused by a distracted driver may have the right to pursue a personal injury claim against that driver, even if the driver was someone they know. Your status as a passenger does not limit your ability to seek compensation for medical bills, lost wages, and other damages. If you were hurt as a passenger in a cell phone-related accident in Richmond or Tappahannock, VA, Wind Injury Law, LLC, can review your options with you.

Does Virginia's hands-free law apply to using GPS or navigation apps while driving?

If a driver is manually entering an address or scrolling through a navigation app on a phone they are holding while the vehicle is in motion, that could be considered a violation under Virginia law. Using a mounted, hands-free navigation system that does not require you to hold the device is generally permitted. If you were involved in an accident where the other driver was interacting with a navigation app, it may still support a distracted driving claim.

What types of compensation can I recover if I was hit by someone using their phone while driving?

If you were injured by a distracted driver in Virginia, you may be able to recover compensation for medical expenses, lost income, pain and suffering, and other related losses. The specific amount depends on the facts of your case, including the severity of your injuries and how they have affected your daily life. Wind Injury Law, LLC, can help you understand what your claim may be worth based on your individual circumstances.

Can a distracted driving accident affect my claim if I was a pedestrian or cyclist rather than another driver?

Pedestrians and cyclists who are struck by a driver using a cell phone have the right to pursue a personal injury claim just as another motorist would. In fact, these accidents often result in more severe injuries because pedestrians and cyclists have far less protection than someone inside a vehicle. If you were walking or riding a bike in Richmond or Tappahannock, VA, and were hit by a distracted driver, Wind Injury Law, LLC, can help you explore your legal options.

What if the distracted driver's insurance company contacts me before I have spoken with an attorney?

Insurance companies often reach out to accident victims quickly in an effort to settle claims for less than they may be worth. You are not required to give a recorded statement or accept any offer before consulting with an attorney. If you have been contacted by an insurance adjuster after a cell phone-related accident in Richmond or Tappahannock, VA, it is a good idea to speak with Wind Injury Law, LLC, before responding.

Can I still pursue a claim if I was partially at fault in the accident involving a distracted driver?

Virginia follows a strict contributory negligence rule, which means that if you are found to share any fault in the accident, it could affect your ability to recover compensation. However, the determination of fault is not always straightforward, and having a distracted driver on the other side can be a significant factor in your favor. Speaking with a knowledgeable attorney in Richmond or Tappahannock can help you understand how Virginia's contributory negligence law may apply to your specific case.

Are commercial truck drivers held to different cell phone rules than regular drivers in Virginia?

Commercial vehicle operators are subject to additional federal regulations that restrict the use of handheld devices while driving, and violations can result in penalties beyond what applies to standard passenger vehicles. If you were injured in an accident involving a commercial truck driver who was using a cell phone, there may be additional grounds for holding both the driver and their employer accountable. An experienced car accidents attorney in Richmond or Tappahannock can evaluate whether federal trucking regulations play a role in your claim.