Exceptions to the Distracted Driving Law
The ban on the use of handheld devices does not apply when:
- An operator of an emergency vehicle is actively engaged in official duties
- The driver is lawfully parked and stopped
- The person is using the device to report an emergency
- The individual is using an amateur or citizen’s band radio
- An agent of the Department of Transportation is actively engaged in traffic incident management
How Cell Phone Use Affects Liability
A driver who violates Virginia's hands-free law may be considered negligent, but this doesn't automatically make them 100% liable for causing the accident. Your Virginia personal injury lawyer must still prove:
- The driver's cell phone use directly caused or contributed to the crash.
- The other driver's negligence was the primary factor in the accident.
- You suffered actual damages as a result of the incident.
Other factors like weather conditions, road hazards, or your own actions may also affect liability determination. Under Virginia’s contributory negligence law, you may not be eligible to seek recovery of damages if you are partly at fault for causing the accident.
Proving Cell Phone Use in Your Accident Case
Simply suspecting the other driver was using their phone isn't enough to establish liability. Your Virginia car accident lawyer can help gather evidence such as:
- Cell phone records showing calls or data usage at the time of the crash
- Statements from eyewitnesses who saw them using their phone
- Police reports noting observed cell phone use or driver admission
- Traffic or security camera footage showing the driver's actions
- Data from the vehicle's electronic data recorder, where available
Criminal Charges vs. Civil Claims
The other driver may face criminal charges for violating Virginia's hands-free law, including a minimum fine of $125 for a first offense. While a conviction can support your civil claim, these are separate legal matters.
Criminal charges are brought by the state to punish law violations. By contrast, civil claims seek compensation for your personal injuries and related damages. A criminal conviction isn't required to pursue a civil claim, and civil claims can proceed regardless of the outcome of the criminal case.
While a criminal case calls for proof of guilt beyond a reasonable doubt, civil cases are determined by a preponderance of the evidence. This means you only need to demonstrate that it is more likely than not that the other driver was to blame.
Your Legal Rights After a Distracted Driving Accident
As the victim of a distracted driving car crash, you may be entitled to compensation for:
- Medical expenses and ongoing treatment costs
- Lost wages, including paid time off and vacation pay
- Diminished earning capacity
- Vehicle damage and other property losses
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
If you've been injured by a driver who was distracted by their cell phone use at the time of the collision, you don't have to face the legal system alone. Our experienced Virginia car accident lawyers can investigate your case, gather evidence of cell phone use, and fight for the compensation you deserve.
