It’s not illegal to drive barefoot in Virginia, or any other state. For safety concerns, most state transportation departments recommend you wear foot protection. However, no federal or state laws require you to wear shoes when driving a car. If you want, you can drive in bare feet.
However, driving your car barefoot presents several dangers and may have liability implications in a personal injury lawsuit if you get into a car accident. Because of this risk, driving your car barefoot is not recommended. As a good driving habit, you should always wear proper footwear when you operate a motor vehicle.
If you have specific questions about Virginia’s driving safety rules and their impact on personal injury claims, a car accident attorney from Marks & Harrison can help you understand your rights and options.
What Are the Risks of Barefoot Driving?
The main risk of driving barefoot is the potential lack of control. Shoes help create traction, making it easier to engage the gas and brake pedals. Without the grip and support of shoes, it can be hard to maintain the constant pressure needed to brake and accelerate properly. Even a slight loss of control can significantly increase the risk of an accident. Depending on where you leave them, shoes can impact pedal operation. For instance, loose shoes on the floor might get caught under the brake pedal, which would prevent you from stopping.
Driving barefoot also presents the risk of foot injuries. Car pedals and hardware typically consist of metal and may have edges that can cut or bruise feet without the protective layer of shoes. The pain and shock from a sudden foot injury can make you lose control and cause a collision.
Many of the risks of driving barefoot are the same risks of driving with improper footwear. Open-toed shoes like flip-flops or backless shoes like slippers might impede pedal operation and reduce control. For the safest operation, you should wear comfortable, snug-fitting shoes with firm soles when driving.
Could a Police Officer Ticket Me If I Am Driving Barefoot?
A related question is: Can a police officer give you a ticket for driving barefoot? The answer is yes, although indirectly, not directly.
A police officer can’t give you a ticket just for driving barefoot, but they can give you a ticket if your footwear (or lack of it, in this case) makes your driving unsafe. You could get a citation for reckless or distracted driving if the officer thinks your lack of shoes was causing you to speed or otherwise break the rules of the road. Police must have reasonable suspicion to pull your vehicle over, so as long as you don’t break any traffic rules, you won’t get a citation.
Many people might claim they have gotten a ticket for barefoot driving, but they are likely misinterpreting the situation. Instead, they received a ticket for negligent or reckless driving. Misremembered anecdotal stories like these may have contributed to the common false belief that driving without shoes is illegal.
Will Driving Barefoot Affect My Liability If I Am in a Car Accident?
Driving barefoot, however, can affect your liability if you get into an accident. If you are driving barefoot and get into an accident, the other driver’s insurance company might argue that your lack of shoes was a form of negligence and a contributing factor in the accident. As an example, they could argue that you were unable to stop in time because you were not wearing shoes.
This issue is especially important in a state like Virginia that follows the doctrine of contributory negligence. Under the contributory negligence doctrine, injury victims are completely barred from recovering compensation if they share any fault at all — even 1 percent of it — for causing their injuries. Under this, if you file a lawsuit against the insurance company and the court decides your lack of shoes was a form of negligence, you may get stuck covering the full cost of your injuries. The simple liability risk is reason enough to avoid driving barefoot, even for short trips.
What Should I Do If I Am Involved in a Car Accident?
If you are in a car accident due to another’s negligence, you should act quickly to preserve evidence. Take pictures of automobile damage, your injuries, the road section where the accident occurred, and any other relevant features. You should also make notes about the accident circumstances and get the other driver’s contact and insurance information.
Next, you should see a doctor to get a formal diagnosis of your injuries. While there, get hard copies or any relevant documentation, including diagnostic reports, imaging results, lab reports, patient notes, prescription lists, and discharge paperwork. You will need as much documentation as possible to prove the scope and extent of your injuries when filing an insurance claim.
You should then focus on finding a personal injury attorney, as they can help you take the next steps in the claim process and take the lead on insurance settlement negotiations. It is important to have an attorney on your side who can make a convincing case of your lack of fault. They can also take your case to court in a formal lawsuit if the insurers try to deny or underpay you.
Contact a Virginia Car Accident Lawyer
Marks & Harrison has served the Virginia public for over 100 years with our brand of compassionate and effective legal counsel. We have secured millions for our clients and have successfully won some of the largest case settlements and verdicts in state history.
Our team of over 30 personal injury attorneys and 100 support personnel have experience working in the insurance industry, giving us unique insights into the personal injury process. We are relentless in the pursuit of justice and will use every legal resource at hand to fight for victory.
If you have more questions about driving safety and traffic rules, contact us today for a free, no-obligation consultation with a Virginia car accident lawyer.
