Is it Illegal to Wear Headphones While Driving In Virginia?


Author: Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

In today’s tech-savvy world, drivers are using earbuds or headphones more frequently to listen to music while driving. While laws regulating these activities vary widely from state to state, obstructing your hearing while operating a motor vehicle could lead to a collision or injury.

What the Law Says

At last count, 32 of the 50 states have no statutes prohibiting headsets or earbuds for drivers.[1]  Virginia is not one of these 32 states.

Va. Code § 46.2-1078 provides that, “[t]t shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted…

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Run on the Left, Bike on the Right: Virginia’s Laws for Sharing the Road

Sandra S. Gregor, Personal Injury Attorney

Author: Sandra S. Gregor, Personal Injury Attorney

“Share the Road” – the slogan is on street signs and bumper stickers – it’s everywhere. But what does it mean?  It means all of us on the roads – cars, trucks, motorcycles, bikes and pedestrians – have to respect one another and respect the rules designed to keep us safe.

When we see this slogan we usually think about cars sharing the road with bicyclists and runners. There are laws governing both how motorists must drive with bicyclists and pedestrians on the roadways and how cyclists and pedestrians travel on Virginia’s roads.

Bicycle Basics

On highways, bicyclists are treated the same as motorists and thus have the same rights…

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Asleep at the Wheel: The Facts About Fatigued Driving

Christopher J. Toepp, Personal Injury Attorney

Author: Christopher J. Toepp - Fredericksburg Personal Injury Lawyer

We live in a fast-paced world. Whether it’s working overtime, staying up late to finish a project, or socializing with friends, studies suggest that long days and restless nights are common for most of us. The National Sleep Foundation (“NSF”) estimates that millions of Americans suffer from “self-imposed sleep deprivation.”[1]

Most of us know that sleep-deprived drivers create serious and potentially deadly car accidents on America’s roadways. A lesser known fact is that fatigued driving has reached almost epidemic proportions in today’s society.

The NSF survey reveals that 36 percent of Americans drive drowsy…

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Five Easy Ways to Bear-Proof Your Home

R. Christopher Jones, Richmond, VA Personal Injury Attorney

Author: R. Christopher Jones, Richmond, VA Personal Injury Attorney

Virginia is home to an estimated 17,000 black bears and they can be found in nearly every county in the Commonwealth. As strange as it may seem, it is not uncommon to come in contact with a bear during the fall. This time of year, black bears will begin foraging for food to prepare for winter hibernation, and unfortunately, their preparation efforts can sometimes lead them into residential areas.

Black bears are clever animals, so here are some tips on how you can protect yourself and your family from them.

Keep garbage inside. Garbage cans outside can serve as the perfect hunting ground for bears. Keep your garbage…

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Did an Accident Exacerbate or Aggravate your Pre-Existing Medical Condition?

Richard C. Armstrong, Charlottesville, VA Personal Injury Attorney

 Author: Richard C. Armstrong, Charlottesville, VA Personal Injury Attorney

Sometimes people injured in an accident think they don't have a claim if their injuries consist of an aggravation of a medical condition or injury that they already had before the motor vehicle collision occurred. However, that's not the law in Virginia or in most other states. 

How Does the Law Protect Me If I Have a Pre-Existing Condition?

In Virginia, the law takes a very practical view of new injuries to those with pre-existing conditions. You are entitled to recover for the extent of the aggravation, but you cannot recover for the pre-existing condition itself. 

In the model instruction that is read…

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Is it legal to ride in the bed of a pick-up truck?

Tammy S. Ruble, Richmond, VA Personal Injury Attorney

Author: Tammy S. Ruble, Richmond, VA Personal Injury Attorney

Pick-up trucks are a popular choice of automobiles due to the fact that they can be used for many different purposes. Sales of this type of vehicle are on the rise[1] and people buy them for all sorts of reasons.[2] I can attest to the convenience of a pick-up truck because it eased the process of moving my children from home to college. One downside to owning a pick-up truck is that there may be less room for passengers to sit in seats inside the cab. For that reason, it is not unusual to see people riding in the back of a pickup truck. Is it legal? In Virginia, the answer is yes, if the passenger is over sixteen years of age.


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Medicare - The "Super Duper" Lien: Can Your Plaintiff's Attorney Handle the Liability Insurance Company and the Federal Government at Settlement Time?

Trent S. Kerns, Richmond Personal Injury Attorney

Author: Trent S. Kerns, Richmond Personal Injury Attorney

Since July 1, 2009, a change in Medicare law[1] has made it more difficult for claimants, plaintiffs, and defendants to settle personal injury claims. Now, more than ever, an  injured claimant needs to retain an experienced plaintiff attorney who can embrace these new procedures and maneuver through them so that the claimants' Medicare rights and benefits are protected while getting them the best possible settlement in a timely manner.

What, you might ask, does Medicare have to do with a personal injury claim? Medicare is a federal program that pays for a portion of medical expenses and hospitalizations for people who are eligible.…

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FAQ: Should I use my health insurance to pay my medical bills when the accident is someone else's fault? Shouldn't their auto insurance company be responsible for those bills?

Charles Littlepage Allen, Richmond Personal Injury Attorney

Author: Charles Littlepage Allen, Richmond Personal Injury Attorney

Clients often ask if they should use their own health insurance to pay their medical bills after a collision. The answer is yes. If you've been injured in a crash, using your health insurance to cover your medical expenses will get them paid now.

Many medical providers and specialists require patients to have health insurance before the providers will provide treatment. Since accidents are never anticipated, having health insurance provides the means to obtain the proper care required for the injuries incurred, without depleting your finances until the case settles.


Under Virginia law, health insurance companies…

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Allen & Allen Now Accepting Applications for the George E. Allen Scholarship


Are you a high school senior in Virginia? Now is the time to start thinking about applying for college scholarships. Allen & Allen's George E. Allen Academic Scholarship is awarded to 15 students throughout Virginia each year in the amount of $1500. The scholarship is given in honor of George E. Allen, the founder of the Allen Law Firm. Mr. Allen faced significant adversity throughout his life, but overcame his difficulties to achieve great success and became compassionate servant in his community. The scholarship is designed to recognize students who, despite obstacles or special challenges, have achieved high standards of performance.

Applications are now being accepted from Virginia high school seniors. Students…

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What is the Virginia Consumer Protection Act?

Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Author: Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Consumers purchase goods and services with the expectation that they will be safe and function properly. Unfortunately, that is not always the case. Products may fail and consequently cause injury to innocent people. If the product itself is what causes the injury, a person may have a products liability claim.[1]  But if a person is harmed by the way a product has been advertised or offered, there may be another avenue under which they can recover for the harm.

The Virginia Consumer Protection Act was first enacted in 1977 to “promote fair and ethical standards of dealings between suppliers and the consuming public.”[2] The…

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