Richmond, Virginia Cell Phone Driving Laws Attorney

Cell Phone Driving Laws

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.

What Virginia Law Says About Using Phones While Behind the Wheel

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.

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 Law, LLC, today to schedule a consultation.