Texting While Driving Illegal in Virginia (and Many Other States)

James Mick

 Author: James Mick "Jamie" Kessel, Richmond, VA Personal Injury Lawyer

Sending a text message while driving is banned for all drivers in 45 states and the District of Columbia.[1]  But why?  Because more than nine people are killed and more than 1,153 people are injured each day in crashes that involve distracted drivers.[2] 

Texting while driving is the most dangerous distracted driving activity because it combines all three types of driving distraction:

Visual: taking your eyes off the road, Manual: taking your hands off the wheel, and Cognitive: taking your mind off the task of driving.[3]

In Virginia it is illegal to text while driving, and if you are under the age of 18 it…

Read more


What Are the Texting and Driving Laws in Virginia? - VIDEO

Blog-JMK.jpg

Personal injury attorney Jamie “Mick” Kessel explains the dangers of texting and driving and the laws enacted to reduce this risk.

 

In addition to texting, any distraction that could divert a driver’s attention away from the road is a dangerous activity. These distractions include:

Using a cell phone or smartphone Eating and drinking Talking to passengers Grooming Reading, including maps Using a navigation system Watching a video Adjusting a radio, CD player, or MP3 player

Under Virginia law, texting while driving is a primary offense for drivers of all ages. A violation carries a fine of $125.00 for a first offense and a fine of $250.00 for subsequent offenses. This law does not apply…

Read more


Practical Advice for Avoiding Texting While Driving

Blog-RCJ

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

We all know texting while driving is dangerous, but recent studies show that more than half of all drivers admit to doing it anyway. In 2012 distracted driving accounted for more than 3,000 deaths in the United States, with texting proving the most damaging and distracting activity.[1] What can we do to curb this destructive behavior?[2]

Prevention

One way to prevent yourself from texting in the car is make sure you don’t receive any texts, so that you don’t feel the need to respond. Silencing your cell phone, turning it off or putting it somewhere that you can’t reach it (for example, in the trunk) before you drive…

Read more


Do Texting Bans Work? The Effectiveness of Laws That Target Texting While Driving

By: Malcolm P. “Mic”  McConnell, III, Richmond Medical Malpractice Attorney

Distracted drivers cause accidents every day. Many of these collisions result in serious or even fatal injuries on America’s roads and highways. Although many actions can take a driver’s attention off the road, texting while driving has become increasingly prevalent, especially among teenage drivers. As a result, many states have passed laws that impose fines on drivers who “text-and-drive.”

Delaware was the first state to pass such a law, which went into effect in April 2005.  Other states quickly followed.[1] Currently, 44 states ban drivers from texting while driving.[2] There are four kinds of texting bans:

(1)…

Read more


A Graphic Reminder of the Dangers of Texting and Driving

Author: James Mick "Jamie" Kessel, Richmond VA Personal Injury Lawyer

The dangers of distracted driving are well documented, and no form of distracted driving is more prevalent today than texting-and-driving. This is why many states across the country have made it illegal to text while driving, giving police officers the right to pull over and ticket any driver they observe engaging in such activity. Unfortunately, drivers continue to text-and-drive every day, subjecting those around them to the consequences of distracted driving. This is why a number of different groups, such as the National Highway Traffic Safety Administration and It Can Wait, have started campaigns aimed at raising public awareness…

Read more


Motor Vehicle Safety: “Text Later Live Longer”: VCU Police Officers Launch A Campaign Against Texting While Driving

Author: Christopher J. Toepp, Fredericksburg Personal Injury Attorney

Detective Shawn Kelley and Corporal Rebecca Ellison of the Virginia Commonwealth University (“VCU”) Police Department have started a campaign against texting while driving that is catching fire across the country. “Text Later Live Longer”, TL3 for short, is a bumper sticker program that lets other motorists know that texting behind the wheel is dangerous for everyone. In one month, their Facebook page[1] has received over 3,257 “Likes” and they have distributed 1,250 bumper stickers to residents of all 50 states, the District of Columbia, Puerto Rico and 6 countries internationally.

People who visit…

Read more


Motor Vehicle Safety: Dangers of Texting While Driving & The Legal Responsibility for Distracted Driving

Author: Tammy Stafford Ruble, Esq.

We learn more every day about the dangers of texting while driving. A recent decision in New Jersey may signal a new era of expanding legal responsibility, not merely for the driver, but for those outside the car sending the texts.

According to the New Jersey decision, in September 2009, teenager Kyle Best was driving down a country road in New Jersey while texting back and forth with a female friend, Shannon Colonna. His pickup truck drifted across the highway and struck David and Linda Kubert in the oncoming lane of traffic. The Kuberts, riding on a motorcycle, suffered devastating injuries, each losing a leg in the collision. David Kubert saw it coming. "What…

Read more


Do You Text When You Drive? For What It’s Worth, You Should Know The Law

Do U txt when U drive? FWIW, U shud no the law.

Author: Malcolm P. McConnell, III, Richmond Injury Attorney

On July 1, Virginia law changed and anyone who is tempted to text while driving should take heed: Before the change, texting while driving was what is called a “secondary offense,” meaning that a driver had to be stopped for some other offense before he could be charged with texting and driving. However, as of July 1, texting while driving is a PRIMARY offense, allowing police to stop drivers who are merely suspected of texting or reading text messages while driving.

The new law is Va. Code Ann. § 46.2-1078.1.[1] It provides, in pertinent part:

A. It is unlawful…

Read more


Recent Studies on Distracted Driving - The Risks are Greater Than You May Think

Author: Tammy Ruble, Personal Injury Attorney

 In early June, 2012, a Massachusetts man was convicted of homicide in a car crash that happened when he was texting while driving.  His testimony was that he was distracted and looked away from the road for "one quick second." [1]

Several years ago, the Virginia Tech Transportation Institute conducted a study of distracted driving which indicated that even minor distractions, such as reaching for a cell phone, measurably increases the chances of a driver being involved in a crash or near-crash event. [2]   More significant distractions, such as texting while operating a heavy truck, increase the risks of a crash by more than 23 times.  Many states, including Virginia,…

Read more


Distracted Driving Kills

Taking your eyes off the road, your hands off the wheel, or your mind off your primary task of driving safely is considered "distracted driving."  Statistics show the extent of the problem and the tragic results. In 2009,  5,474 people were killed  in motor vehicle crashes involving driver distraction, and 448,000 were injured.[1]Sixteen percent (16%) of teen drivers involved in a fatal crash in 2009 were reported to have been distracted. Text messaging is by far the most alarming distraction as it requires visual, manual and cognitive attention from the driver. "Distracted driving" includes:

Texting Using a cell phone or smartphone Eating and drinking Talking to passengers Grooming Reading, including maps Using a…

Read more


Tel : (804) 353-1200
Fax : (804) 257-7599
37.580754 -77.493777
Tel : (804) 733-8753
Fax : (804) 733-8767
37.225366 -77.406431
Tel : (804) 746-4900
Fax : (804) 746-2315
37.609968 -77.353275
Tel : (540) 786-4100
Fax : (540) 786-9585
38.292658 -77.522033
Tel : (804) 836-1170
Fax : (804) 836-1189
37.65165 -77.615287
Tel : (540) 657-9222
Fax : (540) 657-9522
38.476396 -77.421376
Tel : (804) 745-1200
Fax : (804) 745-8997
37.410489 -77.648702
Tel : (434) 295-4961
Fax : (434) 284-4299
38.087828 -78.471035