Close this search box.

Texting While Driving Accident Lawyer

Distracted driving is a part of the law that is constantly changing, becoming more regulated every year. The basic, common-sense rules are that drivers should not text, type, or read their phone while driving, and if they must speak on the phone, they should use a hands-free device. Whenever a driver looks down at a cellphone screen, it distracts them from the road and their surroundings.

If you have been injured in an accident with someone who was distracted by their cellphone, you may be eligible for financial compensation. A Virginia texting while driving accident lawyer could investigate the circumstances of the accident and hold the driver accountable through a personal injury claim. Reach out to our team of skilled car wreck attorneys at Cooper Hurley Injury Lawyers today.

Exceptions to Using a Cellphone While Driving Laws

In Virginia, a person who is operating a vehicle can use a hands-free device or a speakerphone while driving. Some people have GPS on their phones to navigate. If so, they should have a safe place to mount it, and they should not be changing settings, typing anything, or going from screen to screen while driving. To do that, they should pull off to the side of the road in a safe location and complete their device activity before continuing the trip.

New Drivers and Cellphones

Cellphone use laws apply to everybody, especially novice drivers. Novice drivers should minimize any distractions because they are new to driving and do not have the experience to deal with situations that might arise suddenly. Their reaction time will likely be slower than more experienced drivers.

One of the main restrictions for novice drivers that are not required for experienced drivers is that those getting their license at ages 16 or 17 have a limit on the number of passengers that they may have in their vehicle. Those under 18 also have curfews and should not be driving late at night.

Cellphone Use by the Claimant in a Car Accident Case

Cellphone Use by Both Drivers

If a claimant was using their cellphone at the time of an accident, a defendant’s attorney could argue that they were distracted. In Virginia, which is a contributory negligence state, if the plaintiff is found one percent at fault for an accident or a collision, they are not allowed to recover any damages. Therefore, injured victims must seek the services of a texting-while-driving accident lawyer in Virginia.

If both drivers were using their cellphones at the time of the accident, that would likely hurt the claimant’s case more than the defendant’s. If the defendant was at fault, the cellphone would be just another check mark on the list of things they did wrong. If the only thing the plaintiff did wrong was to be on the cellphone, however, that could conceivably be enough for finding contributory negligence, which could prevent the plaintiff from recovering compensation.

Hire a Virginia Texting While Driving Accident Attorney

If you have been involved in a collision with a driver who was distracted by their cellphone, a Virginia texting while driving accident lawyer could be hugely beneficial to your case. An experienced attorney could investigate the circumstances of an accident, depose witnesses, and collect crucial evidence. Call today to schedule a consultation with our team.

Find Out What Your
Case is Worth


Free eBook

books by Cooper Hurley team

Get a free copy of “The Best Book About Virginia Car Accidents & Injuries”

Learn what to do after an accident, how to deal with insurance agencies, and when to get help. Download your free copy of The Best Book About Virginia Car Accidents & Injuries.

team of attorneys


to request a free consultation