[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/virginia-hands-free-law\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/virginia-hands-free-law\/","headline":"Virginia Hands-Free Law: Everything You Need to Know","name":"Virginia Hands-Free Law: Everything You Need to Know","description":"Distracted drivers, beware:\u00a0Virginia\u2019s hands-free law\u00a0makes it illegal to hold a cell phone while driving.\u00a0Except in rare circumstances spelled out in the law, doing so is a traffic offense that carries a fine. A distracted driving citation could also be significant evidence in a personal injury claim, as it demonstrates negligence on the driver\u2019s part. What […]","datePublished":"2023-10-25","dateModified":"2026-04-28","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/#Person","name":"Marks & Harrison","url":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2023\/10\/using-cellphone.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2023\/10\/using-cellphone.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/virginia-hands-free-law\/","about":["Car Accidents"],"wordCount":1021,"articleBody":"Distracted drivers, beware:\u00a0Virginia\u2019s hands-free law\u00a0makes it illegal to hold a cell phone while driving.\u00a0Except in rare circumstances spelled out in the law, doing so is a traffic offense that carries a fine.A distracted driving citation could also be significant evidence in a personal injury claim, as it demonstrates negligence on the driver\u2019s part.What Changed with the New Hands-Free Law?Before 2021, Virginia\u2019s hands-free law had a more limited scope. The earlier law only prohibited drivers from holding a cell phone while driving through a work zone. It also banned drivers from typing or reading text messages and emails while driving.Essentially, the new law broadens the prohibitions found in the prior law. It is now illegal for drivers to hold a cell phone whenever they are driving, not just in work zones \u2013 unless they meet one of a few specified exceptions. The ban on typing or reading text messages and emails remains in place.Are There Any Exceptions in the Hands-Free Law?Virginia Code \u00a7 46.2-818.2\u00a0includes a few narrow exceptions for when drivers can hold a cell phone. Those exceptions include:Drivers in emergency vehicles who are performing their official dutiesDrivers who are legally parked or stoppedDrivers using handheld devices to report an emergencyDrivers using amateur or citizen band radiosDrivers operating official Department of Transportation vehicles, in certain circumstancesIs It Illegal to Talk on My Cellphone While Driving in Virginia?Strictly speaking, Virginia\u2019s hands-free law does not ban you from talking on a cell phone while driving. The text of the law says it is illegal to hold a cell phone, not to talk on one. Holding a phone while making a call is illegal, but it is legal to talk on the phone while using a hands-free device.What Are the Penalties for Using a Handheld Device While Driving in Virginia?The penalty for a first violation of Virginia\u2019s hands-free law is a $125 fine. The fine for a second or subsequent offense is $250. If an offense occurs in a work zone, there is a mandatory fine of $250.Beyond these fines, a citation for violating Virginia\u2019s hands-free rule could also have repercussions if that violation contributed to an accident. A personal injury attorney might argue that the violation of this law is negligence on the driver\u2019s part, making them liable for the collision and whatever injuries it caused others.The driver who violated the law could also face a much harder road to financial recovery if they were injured in the accident themselves. Virginia\u2019s pure contributory negligence statute means that injured parties cannot recover compensation if they contributed to their own injuries.Is Using a Cellphone While Driving Considered Reckless Driving?Virginia Code \u00a7 46.2-852 states that it\u2019s illegal to drive in a way that puts other people or their property at risk. It also outlines several specific actions that may constitute reckless driving, though using a cell phone is not on that list.While using a cell phone could put others or their property at risk, judges have held\u00a0that the specific law making texting a fined offense means it cannot be tried as a misdemeanor, too.That said, these rules are open to interpretation. A prosecutor might argue that a specific instance of using a cell phone while driving constitutes recklessness, depending on the circumstances of the alleged offense.What Should I Do After an Accident Caused by Using a Cellphone While Driving?Your actions immediately after a collision with a driver using a cell phone can have a major impact on a future personal injury claim. Here\u2019s what you can do to protect your rights and give yourself the best chance of recovering fair compensation:Contact the police \u2013 If the police did not respond to the scene and take an accident report,\u00a0you can submit one of your own. This report can serve as crucial evidence if you decide to pursue a claim against the distracted driver.Document the accident \u2013 Take pictures of your injuries, the damage to your vehicle, and anything else that might show how the crash occurred. Write down a narrative of what happened and what you noticed while your memories are still fresh.Get medical treatment and keep related records \u2013 Follow all medical recommendations and treatments from your doctor. Ask them for copies of any documentation they have of their treatment plan. Keeping a clear record of your injuries and recovery process is vital to maximizing your compensation.Avoid speaking with the other driver\u2019s insurance company \u2013 Insurance companies don\u2019t want to spend a single cent they don\u2019t have to. If the other driver\u2019s insurance company contacts you, it\u2019s wise to consult with a trusted attorney before providing any statements or accepting a settlement.Be cautious on social media \u2013 An insurance company could use any public posts or comments about the accident against you. It\u2019s best to keep discussions about the incident off public forums.Consult an attorney \u2013 A reputable personal injury lawyer will understand Virginia\u2019s texting-while-driving laws and how they can help your case. They can advise you on your rights, prepare an insurance claim on your behalf, and pursue the full compensation you deserve.What Compensation Could I Be Owed After a Distracted Driving Accident?The specific amount you could receive in compensation for a distracted driving accident depends on factors like the extent of your injuries, the insurance coverage involved, and the clarity of liability. That said, you could be owed money for your:Medical bills, including the cost of future treatments you needLost wagesReduced future earningsPain and sufferingEmotional distressLower quality of lifeContact a Virginia Car Accident LawyerEven though Virginia has a hands-free driving law, many motorists continue to put themselves and others at risk by using their cell phones while driving. If a distracted driver hit and injured you, the team at Marks & Harrison can help you pursue fair compensation.Call us today or complete our contact form for a free consultation with a Virginia car accident lawyer."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Virginia Hands-Free Law: Everything You Need to Know","item":"https:\/\/www.marksandharrison.com\/blog\/virginia-hands-free-law\/#breadcrumbitem"}]}]