Headphones or Earbuds While Driving: Illegal in Virginia


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

In today’s tech savvy world, drivers are increasingly using earbuds or headphones to listen to music while driving. Some opt to use Bluetooth devices or other hands-free headsets behind the wheel. Laws regulating these activities vary widely from state to state.

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 bicycle, or moped…

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Do I Notify My Insurance Company After an Accident?

Scott D. Fitzgerald, Richmond Personal Injury Lawyer

Speaker: Scott D. Fitzgerald, Richmond, VA Personal Injury Attorney


It's normal to have many questions following a car accident. One of the first things you may be wondering is whether or not you should contact your insurance company. Perhaps you feel it's unnecessary to call your insurance company if the accident was not your fault because you are expecting the other drivers insurance company to accept responsibility.

In this short video attorney Scott Fitzgerald discusses why it's important for you to contact your insurance company after an accident, even if the accident was not your fault.

There are several types of coverage on your policy that may help you


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Alcohol Related Fatalities Are Rising in Virginia: Governor McAuliffe Launches Website "Virginia Faces of Drunk Driving" to Combat DUI

By: Scott D. Fitzgerald, Richmond, VA Personal Car Accident Attorney

In 2013, 741 individuals lost their lives on Virginia’s roadways. While shocking, this number constitutes a slight improvement over 2012, when 775 individuals died in crashes on the roads of the Commonwealth.  Unfortunately, 253 of those traffic deaths in 2013 resulted from driving under the influence of alcohol.  That figure represents a 10.48% increase over alcohol-related fatalities on Virginia’s roadways in 2012.  The increase in 2013 followed what had been a 5 year decline in alcohol related fatalities.[1

In an attempt to reduce this alarming trend, Governor Terry McAuliffe has rolled out the state’s newest campaign, a website…

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Faulty Guardrails: Intended to Protect the Public, Now Blamed for Injuries and Deaths Nationwide

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

On September 17, 2012, Melton Tucker fell asleep at the wheel on his commute to work on Highway 81, outside of Dallas, Texas.  His car drifted off the highway and collided with a guardrail.  His Chevrolet Cruze struck the beginning piece of a guardrail, otherwise known as an end terminal or guardrail head.  The guardrail came through the car and struck Tucker in the head, killing him instantly.[1] 

This accident and others like it have raised questions about the effectiveness of guardrail heads manufactured by Trinity Highway Products, based in Dallas.  The ET-Plus, designed by Trinity, is one of the most common guardrail end terminals…

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Faulty GM Ignition Switches Lead to at Least 13 Deaths

Scott D. Fitzgerald, Personal Injury Attorney, Richmond VA

Allen & Allen is currently investigating claims for people who were injured or killed in accidents involving GM vehicles that were recently recalled due to defective ignition switches. If you or a loved one were injured in an accident involving one of those vehicles, please contact us today for a free consultation at 866-388-1307.

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

As the fallout from GM’s recall of faulty ignition switches in Saturn Ions and Chevrolet Cobalts continues, details of the crashes linked to the faulty ignition switches that have killed 13 people have begun to emerge. 

Amy Rademaker, age 15, of St.…

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Motor Vehicle Safety: Top 10 Most Dangerous Vehicles

Author: Scott D. Fitzgerald, Richmond, VA Car Accident Attorney

We all know that driving or riding in a car can be dangerous, but there are some vehicles that are particularly worrisome. This article is designed to educate you about some of the most dangerous cars on the market today, as well as what exactly makes them unsafe compared to the competition. Compiled by the Insurance Institute for Highway Safety, the following 10 vehicles garnered the lowest safety ratings, as measured by the number of fatalities per mile driven between 2006 and 2009[1]:

Nissan 350Z Nissan Titan Crew Cab (extended cab) Chevrolet Aveo Chevrolet Cobalt Nissan Titan Kia Spectra Chevrolet Malibu Hyundai Tiburon Nissan…

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Update: The Fungal Meningitis Outbreak Linked to Steriod Injections

As of November 5, 2012, there have been 409 confirmed cases of fungal meningitis across the country and 10 others who have contracted fungal joint infections.  The death toll has reached 30.  In Virginia, public health officials have announced forty-nine cases and two deaths.

The tainted drugs have been linked to the New England Compounding Center in Framingham, Massachusetts.  Almost all cases have been linked to a preservative-free steroid called methylprednisolone acetate, which is used to treat arthritis and back pain.

Several lawsuits have already been filed against the NECC and its sister company Ameridose in multiple jurisdictions across the country.  One suit in Pennsylvania alleges that the plaintiff contracted…

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Deadly Fungal Meningitis Outbreak Linked to Contaminated Steroid Injections

Author:  Scott D. Fitzgerald, Virginia Personal Injury Lawyer

Public health officials have linked the recent outbreak of fungal meningitis to contaminated epidural steroid injections, commonly intended to alleviate back pain.  As of October 11, 2012, 170 people nationwide have contracted fungal meningitis and 14 have died.  The contaminated steroid shots were mixed by a compounding pharmacy in suburban Boston, Massachusetts and distributed to approximately 75 facilities in at least 23 states.  The pharmacy issued an emergency recall on September 26, 2012, but not before an estimated 14,000 patients nationwide received potentially contaminated injections.

It is not clear how many people who received…

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Virginia Traffic Fatalities: Increase for the First Time Since 2007

Author: Scott D. Fitzgerald,  Richmond Car Accident Lawyer

In the year 2007, 1,026 people lost their lives on Virginia highways, the most since the late 1980s.[1]  In reaction, the Commonwealth began several ambitious campaigns to emphasize safety on the highway and minimize driver distractions.[2]  The General Assembly passed new laws with stiffer penalties for drunk drivers and also banning drivers from texting while driving in the Commonwealth.

These efforts bore fruit.  In the three year period from 2008 to 2010, Virginia traffic fatalities decreased each year, with 821 deaths in 2008 and 756 in 2009.  The Commonwealth set a new record low in 2010 with only 740 fatalities.  This was the fewest…

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Meet Virginia Personal Injury Attorney Scott D. Fitzgerald - VIDEO

Scott is the great grandson of the Allen Law Firm's founder, George E. Allen, Sr., and is the fourth generation of the Allen family to join the law firm. He is a Richmond, VA personal injury attorney focusing his practice on motorcycle crash cases, truck accident cases and car accident cases in Richmond, VA area. Scott is dedicated to protecting the best interests of his clients and defending their rights against insurance companies. To learn more about Scott, visit: http://www.allenandallen.com/scott-d-fitzgerald.html

Video: http://youtu.be/BHuiyfoGmnU

Video Transcript: My name is Scott Fitzgerald. I am a trial attorney here, at Allen & Allen. When clients come to us, it is one of the most stressful and confusing…

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