When it comes to Virginia cell phone law, all you need to know is that it is prohibited by state law. If another driver was using their cell phone and collided with you, you have the right to hold them accountable and recover the losses they caused.
A Charlottesville personal injury lawyer can fight to secure the results you need and help you get your life back on track.
The Impact of Distracted Driving Due to Cell Phones
Distractions are often a common cause of vehicle accidents. While a driver is looking down at their phone, they can miss sudden changes by other motorists that leave them without the time to react. Before they know it, they have collided with another vehicle. While these accidents may be minor at times, they can also cause serious injuries and even fatalities. Some common injuries may include:
- Whiplash
- Broken bones
- Soft tissue damage
- Traumatic brain injuries
- Neck, spine, and spinal cord injuries
- Internal injuries
- Catastrophic injuries
- Death
States are increasingly adopting legislation to prohibit drivers from using their phones while driving, and Virginia is no exception. The purpose behind these laws is to reduce distractions and subsequent accidents.
If you have been the victim of a driver distracted by their phone, seek medical attention immediately and hire legal representation as soon as possible.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Virginia Cell Phone Laws to Be Aware of as a Motorist
According to Virginia law § 46.2-818.2, it is illegal for Virginia drivers to hold a cell phone or other communication device while they are behind the wheel. Similarly, Virginia law § 46.2-341.20:5 applies the same guidance to commercial vehicles and noncommercial drivers who transport 9-15 passengers. Drivers who violate these laws may be fined between $125 and $250.
In addition to violating state law, commercial truck drivers who use a hand-held phone while driving violate the Federal Motor Carrier Safety Regulations, particularly regulation 49 C.F.R. § 392.82.
Emergency vehicle personnel, Department of Transportation personnel, and Department of Corrections personnel are exempt from these laws when using a handheld communication device in the course of their work. Other exceptions include individuals who are reporting an emergency or are legally parked.
All motorists should comply with Virginia cell phone law requirements and maintain awareness for their own safety and the safety of others. Taking steps to silence notifications or use hands-free methods can minimize distractions and provide for lawful use when needed.
What You Should Do as a Victim of a Cell Phone-Induced Accident
Vehicle accidents can easily leave you shaken and can be incredibly frustrating when they are caused by careless actions. To ensure that you can get the care and compensation you need, though, it is important to know what to do after a personal injury accident. These actions not only protect your safety, but they also help you get a favorable outcome. As such, it is important to do the following:
- Receive a medical examination: Seek medical attention regardless of your injuries. You want to get checked out to make sure you are not suffering from some hidden injuries like internal bleeding or other internal injuries. It is vital to ensure your safety and to avoid making a mistake that could result in a claim denial down the road.
- File a crash report: Request that a police report be filed to document the accident. This official record is used by insurance companies and lawyers alike to assess the details of the accident. Be sure to request a copy for your records.
- Exchange information: If possible, do not leave the scene of the accident without exchanging contact, vehicle, and insurance information with the other driver. If you were rushed to the hospital, collect this information from the police report.
- Document everything: Take photos of the accident, the environment, and your injuries. You need as much evidence as possible for your claim. Ask any witnesses who are present if they would be willing to provide a statement.
- Hire a lawyer: A lawyer has extensive knowledge of the law, insurance companies, and how to communicate and negotiate with various parties. They can reduce your stress and help you secure a favorable outcome for your case.
- Begin the claim process: File a claim against the driver who violated Virginia cell phone law and collided with you. Depending on your situation, you may be able to file an insurance and/or personal injury claim.
The driver at fault for your injuries is liable for providing you with compensation. Whether that is through their insurance coverage or as a result of a personal injury claim, you have options available to you so you do not have to shoulder your losses on your own.
The lawyer you hire can communicate with the other party’s insurance company or counsel to negotiate a settlement that is fair and sufficient.
A Lawyer Can Help You Navigate Vehicle Accidents Caused by Cell Phone Use
When you have been injured in a vehicle accident because another driver was using their cell phone, a lawyer can help you seek justice. They can help you hold the other driver accountable for their actions and unfairly hurt you. Your lawyer can help you both recover damages and take additional legal action as applicable.
From the outset of your case, your lawyer will assess your situation and prioritize your needs. They will explore the other driver’s liability in the accident and gather evidence needed to establish that the other driver acted negligently. Your lawyer will put the necessary time into your case to ensure it is solid and can satisfy all legal requirements.
Navigating insurance companies and legal complexities can be challenging, and it is crucial not to delay when considering when to hire an injury lawyer. The sooner you can secure representation, the faster and easier you can gain the results that you need after a vehicle accident.
Get Justice for Your Injuries With MartinWren, P.C.
MartinWren, P.C., works diligently to get you results when you have been hurt by a driver distracted by their phone. We provide you with top-notch, compassionate service while aggressively fighting to secure the compensation you are entitled to recover.
Our team ensures that you don’t have to navigate this process alone. Take the first step toward justice when you schedule a free consultation with our team today.
Call (434) 817-3100 or complete a Case Evaluation form
