What to Know About Distracted Driving in Virginia
Distracted driving is one of the leading causes of traffic accidents in Virginia. While road conditions and vehicle issues can contribute to crashes, most collisions are caused by human error, and distractions behind the wheel are a growing concern.
Understanding how Virginia law addresses distracted driving can help protect your rights if you’re involved in a crash. A Virginia personal injury lawyer can explain how distracted driving may impact liability and your ability to recover compensation.
What Counts as Distracted Driving in Virginia?
Distracted driving isn’t limited to texting or scrolling through a phone. While cellphone use is one of the most common causes, distraction can come in many forms, both inside and outside the vehicle. Even mental distractions like daydreaming or emotional stress can impair focus just as much as physical ones.
Common examples of driver distractions include:
- Talking or texting on a phone, including hands-free
- Eating or drinking while driving
- Reaching for objects or adjusting dashboard controls
- Engaging with passengers or pets
- Looking at GPS directions or navigation apps
- Rubbernecking at accidents or road signs
- Mentally zoning out due to stress or fatigue
Passengers, conversations, and even loud music can all distract a driver. And not all distractions are visible. Cognitive distractions are equally dangerous.
Virginia’s Cell Phone Use Laws and the Handheld Device Ban
Virginia’s laws prohibit holding handheld personal communication devices while driving. These rules are part of the state’s broader effort to reduce accidents caused by driver distraction.
Texting while driving may only take a few seconds, but during that time, a car can travel large distances. Even short glances can lead to devastating collisions.
- As recently as 2011, more than 3,000 people died in crashes involving a distracted driver.
- An additional 387,000 people were injured in similar accidents that year.
- Ten percent of injury crashes in 2011 involved distracted driving.
The sheer number of accidents involving distracted drivers is staggering. If you were injured in a car accident and believe distracted driving may have been a cause, our lawyers in Virginia can assist you with your litigaiton options.
Distracted driving is becoming more prevalent, according to the official U.S. Government website Distraction.gov. In 2014, 3,179 people lost their lives, and 431,000 were injured in motor vehicle crashes involving distracted drivers.
Virginia Law on Texting and Driving
Texting while driving is illegal in Virginia, and the law is strictly enforced. According to the Virginia Code § 46.2-818.2, it is a primary offense to manually use a handheld personal communication device while operating a moving vehicle. This means law enforcement can pull you over solely for texting or holding a phone, even if no other traffic violation has occurred.
The penalties for violating Virginia’s texting while driving laws include:
- $125 fine for a first offense
- $250 fine for subsequent offenses
- Higher fines for violations that occur in highway work zones
Drivers under 18 are subject to a complete ban on cellphone use while behind the wheel. Federal regulations also prohibit commercial truck drivers from using handheld devices while driving.
How Does Texting and Driving Affect an Injury Claim?
Texting behind the wheel can be strong evidence of negligence in a personal injury claim. However, because Virginia follows strict contributory negligence laws, your ability to recover compensation depends on proving that you were not at fault in any way. Even a minor fault on your part can prevent recovery.
If the other driver was texting or using a phone, this could help establish liability, but only if your own actions didn’t contribute to the crash. That’s why it’s essential to work with a Virginia car accident lawyer familiar with the state’s legal standards.
At Cooper Hurley Injury Lawyers, our attorneys have extensive experience handling distracted driving cases and can walk you through how the laws might impact your claim.
Distracted Driving Accidents in Virginia
Distracted driving continues to be a major contributor to serious accidents across Virginia. According to the Virginia DMV, 18,688 crashes, 73 fatalities, and 10,222 injuries in 2024 were directly linked to distracted drivers.
These alarming statistics are part of the reason Virginia lawmakers enacted a handheld device ban while driving. Even momentary distractions can lead to devastating consequences for victims and their families. While some crashes result in minor injuries, others lead to permanent disabilities or wrongful death, especially when distraction is paired with speeding, reckless driving, or intoxication.
Whether a distracted driver was texting, adjusting a GPS, or simply lost in thought, victims often face uphill battles with auto insurance companies that try to deny or minimize claims. An experienced Virginia car accident lawyer at Cooper Hurley Injury Lawyers can help you build a strong case and fight for the compensation you deserve.
Teens and Distracted Driving
Teen drivers are among the most vulnerable on Virginia’s roads, particularly when it comes to distraction. According to the Centers for Disease Control and Prevention, drivers ages 15-19 are more likely than any other age group to be distracted at the time of a fatal crash.
The dangers are compounded by other high-risk behaviors. In recent years, 29% of drivers ages 15-20 who were killed in crashes had been drinking alcohol. Studies also show that the presence of other teen or young adult passengers significantly increases crash risk for unsupervised teen drivers, the risk growing with each additional passenger.
Virginia law prohibits drivers under 18 from using any communication devices, even hands-free, while driving. Despite these restrictions, enforcement can be difficult, and tragic accidents still occur.
Tips to Help Prevent Distracted Driving in Virginia
Avoiding distractions behind the wheel can save lives. While Virginia law prohibits cellphone usage while driving, there are additional steps drivers can take to stay focused and reduce the risk of an accident.
- Put phones away
- Use Do Not Disturb on your phone
- Set GPS before driving
- Limit passenger distractions
- Avoid eating or self-grooming
- Secure pets and belongings
- Take breaks when needed
Even small changes in driving habits can make a significant difference. By staying alert and focused, you not only protect yourself but also everyone else sharing the road.
Consult with a Virginia Distracted Driving Accident Attorney
Accidents caused by distracted drivers injure and kill thousands of people every year including pedestrians, cyclists and other drivers and passengers. The problem gets more serious every year as technology advances. Cooper Hurley Injury Lawyers works with our clients to determine the cause of every accident. One of our Virginia distracted driving lawyers could help you file a claim if the at-fault driver was not paying proper attention. Contact us today for a free consultation about your case.
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