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In recent years, there have been rising concerns about distracted driving – In particular, the use of cell phones (and other handheld devices) while driving.  In 2021, the Virginia General Assembly responded by passing significant updates to the Virginia cell phone law. Now, it’s illegal to hold a cell phone while driving, except for rare circumstances. 

The goal of these changes is to enhance road safety for all drivers by limiting the use of handheld communications devices while operating a motor vehicle. Understanding these laws can help you reduce crash risk that are most associated with distracted driving. 

If you have suffered injuries because of someone else’s negligence, we are here to help. Sharif Gray has won millions of dollars in verdicts and settlements. Call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you. 

Virginia Cell Phone Law – Recent Changes

The most recent amendments to Virginia’s hands free law place tighter restrictions on the use of cell phones and other handheld devices while driving. According to the new hands free law, VA drivers are not allowed to hold a mobile device in their hand while operating a car, truck, van, or motorcycle on Virginia roads.

What is a Handheld Personal Communications Device?

Handheld personal communications devices encompass more than cell phones. This term refers to any other personal communication device that’s handheld and capable of sending or receiving communications.  That includes your smartphone, tablet, portable gaming console, and more. 

According to the latest Virginia driving laws, the use of these devices are prohibited in certain motor vehicles. This is to ensure the driver gives their full attention to the road and other motorists. 

Potential Exceptions To The Virginia Hands-Free Law

The latest cell phone laws in Virginia restrict the use of handheld devices while driving under most circumstances. However, there are a few exceptions to be aware of. They include, but aren’t limited to: 

• Emergency vehicle Operators – This can include firefighters and ambulance drivers who operate emergency vehicles using a handheld device that’s essential for their official duties. 
• Law Enforcement Officer – Drivers of any vehicle operated pursuant to official duties are allowed to use handheld devices when their role requires immediate communication. 
• Hands Free Device – You are allowed to use a bluetooth system while driving, which can help you make calls while reducing the risks of distracted driving. 
• Use of Device While Parked – If you’re lawfully parked or safely stopped. 
• Citizens Band Radio – Commercial drivers and amateur radio operators are allowed to use two way radios. 

Is Driving While Using a Cellphone Considered Reckless Driving?

Using a handheld communications device while operating a moving motor vehicle can be cited as reckless driving if it results in behavior that unnecessarily endangers the life, safety, or property of others. As such, Virginia law enforcement agencies closely monitor the behavior of distracted drivers, especially when it involves the use of handheld cellphones. 

Continue reading to learn more about the potential penalties for driving while using a cell phone. 

Penalties For Using a Cellphone While Driving

Violating the cell phone restriction laws while driving in Virginia could result in specific civil and criminal penalties. They include but aren’t limited to:

• First offense – Traffic infraction punishable by a fine of $125. 
• Second or subsequent offense – Punishable by a fine of $250. 
• Highway work zone – Punishable by a mandatory fine of $250. 

It’s important to note that these fines and penalties can increase significantly in cases of persistent violations or handheld cell phone use that leads to injury or property damage. That can include criminal charges, points on your driver’s license, higher insurance rates, and more. 

Steps to Take After An Accident Caused By Cellphone Use

If you find yourself in an accident where cell phone use by another driver was a factor, take these important steps to protect your interests:

1. Document the scene: Take photos and videos of the accident scene, including damages, work zone signs, and road conditions. 
2. Call for help: If you’re severely injured make an emergency call for immediate medical help. Further, contact law enforcement and file a police report (be sure to mention your suspicion of cell phone use). 
3. Collect information: Exchange information with all other drivers involved in the accident. Be sure to note whether they were using a cell phone or other personal communication device at the time of the collision. 
4. Seek medical attention: In case your injuries aren’t apparent, it’s essential to get a medical check to ensure you’re covered in case they appear later. 
5. Contact a car accident attorney: Consult with a law firm that’s experienced in distracted driving personal injury cases. An attorney can guide you step-by-step through the process of claiming compensation, dealing with insurance companies, and possibly pursuing further legal action if necessary.

By understanding the steps, legal responsibilities, and exceptions of the new hands free law in Virginia, you can better navigate the aftermath of a collision and seek fair compensation in cases resulting in serious injuries. 

Contact A Car Accident Attorney in VA Today

If you’ve been seriously injured due to the negligence or recklessness of another driver using a cell phone or other handheld device, you may be entitled to compensation. 

At RVA Trial Lawyers, we’re uniquely equipped to help you navigate the ins and outs of your case, negotiate with the insurance company, and seek maximum compensation available to you under Virginia law. 

Contact us today to schedule your free initial consultation with a Virginia car accident lawyer you can trust. 

“We Get Justice For Injured People, and We Love What We Do”

We are not settlement lawyers. Sharif Gray has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.

Sharif is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:

1. Hold the responsible corporation or individual fully accountable.
2. Make the community safer, so others are not also harmed.
3. Compensation that recognizes the full and fair value of what was taken from your health and quality of life.

We love what we do, and we are proud of the positive impact we have had and will continue to have on the people we represent and the community we live in.

If we can be of help to you, please do not hesitate to call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you.