Virginia Hands-Free Driving Law 2024 Explained

Whether you live and work in the state or are just visiting, if you plan to drive in the state, you must understand the Virginia hands-free driving law. Failure to follow this law could lead to a ticket and other penalties, and the purpose of this law is to limit the risk of distracted driving accidents commonly caused by cell phone use behind the wheel. Hands-free devices are essential for using a phone while driving in the state.

What Does the Hands-Free Driving Law Require?

In Virginia, it is illegal for a driver to use a cell phone while driving without the use of a hands-free attachment, such as a Bluetooth connection to the vehicle’s stereo system. No matter how the driver configures their cell phone, they must be able to answer, speak, and hang up on calls without using their hands to operate the phone. Some hands-free attachments allow for full voice control or integrate with the vehicle using buttons on the steering wheel.

If a police officer notices a driver holding a cell phone with their hands while driving, it can be probable cause for a traffic stop and a ticket.

There are some exceptions to the hands-free driving law, however:

• Law enforcement officers and operators of emergency vehicles are exempt from the hands-free driving law as long as they are performing essential job duties.
• Drivers may use cell phones to call 911 and report emergencies.
• A driver may use their cell phone with their hands as long as their vehicle is stopped and parked legally.
• Department of Transportation employees are exempt from the hands-free driving law when they are performing their official duties.

If any of these exceptions do not apply when a driver is stopped for using their cell phone with their hands while driving, it will result in a ticket.

Understanding the Risks of Distracted Driving

The state’s hands-free driving law is one of several measures taken in recent years to curb the number of distracted driving accidents reported throughout the state. Each year, distracted driving is cited as a leading cause of serious accidents. In Virginia, the fault rule applies to all vehicle accident cases, and distracted driving of any kind could easily lead to liability for a serious accident.

If you or a family member has been injured in a distracted driving accident, you may wonder how you can prove that the other driver was indeed distracted by their cell phone. An experienced attorney will know what evidence you may need to prove liability for such an incident, and proving fault will be an essential first step in recovering compensation for any damages you suffered.

Ultimately, it is never worth risking using a cell phone with your hands while driving. Not only could this lead to a ticket, but you may also cause a serious distracted driving accident and face liability for the damages you cause. Avoid any potential violations of the hands-free driving law, and if you believe that another driver’s violation of this law caused your recent accident, reach out to an attorney who can help you build a claim for compensation.

Hands-Free Driving Law FAQs

Q: Is Hands-Free Cell Phone Use While Driving Legal?

A: Yes, hands-free cell phone use while driving in Virginia is legal. The law specifically states that it is illegal for a driver to hold a cell phone in their hand while driving, not that they are prohibited from using the phone as long as they can do so without holding it. Make sure that the hands-free device you attach to your cell phone allows you to operate it without physically holding the phone.

Q: What Is the Penalty for Violating the Hands-Free Rule for Driving?

A: The penalty for violating the hands-free rule for driving is a $125 fine for a first offense, and a subsequent offense will result in a $250 fine. The $250 fine also applies to a violation that occurs within a work zone. Drivers must understand that the use of a cell phone with their hands while driving is a significant distracted driving risk that can easily cause a serious accident.

Q: Why Is Texting While Driving Dangerous?

A: Texting while driving is dangerous because it requires the use of the driver’s hands, draws their eyes away from watching the road, and diverts their attention away from operating their vehicle. This makes texting and driving one of the most inherently dangerous forms of distracted driving, and this behavior is commonly cited as a leading cause of distracted driving accidents throughout the United States each year.

Q: How Do You Prove a Driver Was Distracted by Their Cell Phone?

A: If you need to prove a driver was distracted by their cell phone, your attorney can help you obtain cell phone records, traffic camera recordings, and witness statements to assist you in establishing fault for an accident they caused. State law requires proving fault for an auto accident before you can claim any compensation for your damages, and distracted driving of any kind would constitute negligence and liability for resulting damages.

Q: Should I Hire a Lawyer After a Distracted Driving Accident?

A: Yes, you should hire a lawyer after a distracted driving accident to ensure the greatest chance of success with your recovery efforts. With the right attorney handling your case, you are more likely to not only succeed in proving fault for the accident but also in recovering full compensation for your damages. Your attorney can help you build a strong case and guide you through the proceedings necessary for holding a distracted driver accountable.

Whitlock Law, LLC, has years of professional experience representing vehicle accident victims in a wide range of cases in the state, including distracted driving accident cases. If you believe another driver violated the state’s hands-free driving law, we can help you hold them accountable for your damages. Contact us today to schedule a free consultation with our team and learn how we can assist with your recovery.