Do Your Part to Keep Roads Safe: Virginia Cell Phone Laws Updated
In the midst of the COVID-19 public health crisis, there is another critical public health concern that needs addressing: distracted driving. At Wakefield Law, the majority of car accidents that we see in our personal injury practice are distraction-related. According to a study done by Virginia Tech, 80% of all crashes involve driver inattention within 3 seconds of the crash. Until recently, using a cell phone while driving in Virginia was permissible, and a 2018 Insurance Institute for Highway Safety study showed that Virginia drivers were 57% more likely to be using a cell phone in 2018 compared to 2014.
A couple of years ago, we wrote a blog post summarizing the driving and cell phone use laws here in the Commonwealth of Virginia. However, things have changed since that post, so we thought it was time for an update. This law changed back in July 2020, but implementation of the new provisions didn’t start until January 1, 2021 to give the state time to educate Virginia drivers. Since this is the first week of implementation, we wanted to give you a little cheat sheet to help you out.
Here’s the big takeaway: As of January 1, 2021, you can be fined for holding a handheld personal communications device (cell phone, smart phone, etc.) while driving a motor vehicle.
Of course, there are a few exceptions:
Using a cell phone to report an emergency is permitted.
Using your cell phone while lawfully parked or stopped is ok.
Using an amateur or citizens band radio is fine.
Drivers operating emergency vehicles or Department of Transportation vehicles are exempt.
So, what happens now if you are caught holding your cell phone while driving? For a first offense, there is a fine of $125. Second and additional offenses are punishable by a fine of $250. If you are caught with a cell phone while driving in a highway work zone, the fine is also $250.
For a lot more detail on this legal change, visit DriveSmartVA.org.
What can you do to avoid touching your cell phone while driving?
Link your phone to your car via bluetooth so that you can answer the phone while driving.
NEVER text and drive, and don’t initiate calls manually. If you need to call someone, use voice commands.
Install a mount for your phone if you are going to be using it for navigation.
Set up your music or podcast choices before starting the car.
While this may seem like an inconvenience, these provisions were implemented to keep Virginians safe and to keep up with our neighboring states. Distracted driving is dangerous. Let’s all do our part to keep the roads safe.
If you are injured in an accident through no fault of your own, get a personal injury lawyer on your team to help you manage insurance companies, auto repairs, medical attention, and everything else. You don’t have to do this alone. Call Wakefield Law at (703) 771-9740 for more information. All consultations are free.