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What Virginia’s New Ban on Handheld Cellphone Use Could Mean for You

Posted By Herbert Maxey
What Virginia’s New Ban on Handheld Cellphone Use Could Mean for You

Under current law, Virginia drivers are prohibited from texting or emailing on their cell phones while driving in the state. General cell phone use, however, is still permitted, except in highway work zones. A new law, known as House Bill 874, would alter current law by creating an outright ban on the use of any handheld personal communications device while driving anywhere in Virginia. The bill has already passed both the Virginia Senate and House of Representatives and is expected to be signed by the governor in the near future. 

If enacted, the new cell phone law would go into effect on January 1st of next year and could have significant implications for motorists involved in accidents caused by distracted driving. 

Distracted Driving in Virginia 

Unfortunately, Virginia is no stranger to distracted driving-related accidents. In fact, the Virginia Department of Motor Vehicles (DMV) recently reported that 26,123 distracted driving-related accidents occurred in 2017 alone and made up approximately 20.5 percent of all accidents in the state, 22.4 percent of all traffic accident-related injuries, and 24.7 percent of all traffic fatalities. The three most commonly reported forms of distracted driving included:

  • Engaging in activities that led to the driver’s eyes not being on the road;
  • Looking at roadside incidents; and
  • Motorist cell phone use/texting. 

While a range of different types of conduct can qualify as distracting and potentially dangerous for drivers, texting and cell phone use have been found to pose some of the greatest risk to motorists, as they often involve all three major forms of distraction, including:

  • Activities that take a driver’s hands off of the wheel;
  • Activities that take a driver’s mind off of the act of driving; and
  • Activities that take a driver’s eyes off of the road. 

It is the hope of Virginia lawmakers that if House Bill 874 is enacted, it will result in a significant drop in the number of car accidents caused by these types of distractions. 

Exceptions to the Ban on Cellphone Use While Driving

Drivers who are found to be in violation of the new cell phone law will face fines and the addition of three points on their driver’s licenses. However, the law would also include a series of exceptions that apply to:

  • Operators of emergency vehicles;
  • Drivers who are lawfully parked and stopped;
  • Motorists who are contacting emergency services; and
  • Any vehicles that use red and white flashing lights. 

Ham or CB radios will also specifically be excluded from the definition of what qualifies as a handheld personal communications device. Anyone who doesn’t fall under one of these exceptions and who are found to be driving while using their cell phones in a non-hands free way will be subject to fines and other penalties. 

Car Accident Claims 

If passed, the new handheld cell phone ban could play an important role in helping accident victims recover compensation for their collision-related losses. If, for instance, a person was texting while driving and caused a crash, evidence of that violation, whether from a traffic camera, eyewitness testimony, the police report created by the responding police officer, or phone data, could make it much easier for those who were injured as a result to demonstrate that:

  • The defendant owed the plaintiff a duty of care;
  • The defendant breached that duty; and
  • The plaintiff was injured as a result of the defendant’s breach. 

When these elements are established, injured plaintiffs could be entitled to damages compensating them for their losses, including:

  • Past and future medical bills, including the cost of emergency treatment, surgery, prescription medications, diagnostic tests, and rehabilitation;
  • Loss of income resulting from an inability to work while recuperating;
  • Property damage, including the cost of vehicle repair or replacement;
  • Emotional distress suffered by victims and their families; 
  • Pain and suffering endured as a result of their physical injuries;
  • Permanent disability resulting from the injuries; and
  • Wrongful death. 

While collecting monetary damages may not be able to truly compensate a person for the serious injuries he or she sustained in an accident, it can play a crucial role in helping accident victims pay off mounting medical debt and household expenses, so that they can focus on their recovery. 

Contact an Experienced Charlotte County Car Accident Lawyer 

Unfortunately, even those who use the greatest care when driving could become injured in a collision with another careless or distracted driver. If you were recently injured in such a collision, please don’t hesitate to call us at 434-969-4873 and a member of our legal team will help you set up an initial consultation with experienced Virginia auto accident lawyer Herbert E. Maxey, Jr. today.  

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About the Author:

Herbert Maxey


Attorney Herbert E. Maxey, Jr., serves clients throughout Virginia who have been injured by the negligence of others or who have lost a family member as the result of such negligence. The negligence may have been caused by the actions of operators of motor vehicles or, in medical malpractice cases, by the actions or inaction of healthcare professionals. For more details call Herbert Maxey, a Buckingham, VA accident attorney at 434-969-4873.... View full business profile here: Herbert Maxey