Skip to content

Analysis: Virgina’s Texting & Emailing Ban Makes VA Highways and Interstates More Safe

It seems these days that no one can go a minute without consulting their iPhone, Blackberry, or cell phone. No matter where we are, we’re never too busy to send a text message or an…

It seems these days that no one can go a minute without consulting their  iPhone, Blackberry, or cell phone. No matter where we are, we’re never too busy  to send a text message or an email—even if we’re driving. The state of Virginia (VA),  however, says that a text message or email can wait-the language of the state law is set out below. On July 1, 2009 the Virginia  state law went into effect making it illegal for drivers to text or e-mail while  driving. Virginia has now joined 13 states and the District of Columbia in  banning text messaging while driving.  North Carolina (NC) followed Virginia and became the 14th state to enact a ban.  For an example of what can happen with distracted texting driving view the video below:

The Virginia texting & email ban is Virginia Statute §  46.2-1078.1 states that, “It shall be unlawful for any person to operate a  moving motor vehicle on the highways in the Commonwealth while using any  handheld personal communications device to: 1) Manually enter multiple letters  or text in the device as a means of communicating with another person; or 2)  Read any email or text message transmitted to the device or stored within the  device, provided that this prohibition shall not apply to any name or number  stored in the device nor to any caller identification information.” Violators  will receive a $20 fine for the first offense, and a $50 fine for a second  offense. The law is a secondary offense, so officers must pull the driver over  for a different violation, and then can add on the texting violation.

Statistically speaking, this ban could not have come sooner. The Virginia  Tech Transportation Institute concluded drivers who text are over 20 times  more likely to crash than those driving while not using a phone. According to  the Virginia Department of Motor  Vehicles, 28,395 crashes occurred in Virginia involving driver distraction.  Of those, 114 people died and 14,480 were injured. Driver distraction, along  with following a vehicle too closely, is the most common cause for crashes in  Virginia, so lawmakers are attempting to make drivers stop focusing on their  phones and pay attention to the roads.

For those of you who remain unconvinced, it turns out that texting while  driving is just as dangerous as driving drunk, if not more! The Transport  Research Laboratory found that motorists who use their mobile phone to send  text messages while on the road dramatically increase the likelihood of  collision. Their reaction times deteriorated by 35 per cent, much worse than  those who drank alcohol at the legal limit, who were 12 per cent slower, or  those who had taken cannabis, who were 21 per cent slower. In addition, drivers  who sent or read text messages were more prone to drift out of their lane, the  research found, with steering control by texters 91 per cent poorer than that of  drivers devoting their full concentration to the road. Car and Driver Magazine  recently conducted its own test,  and it found that reaction time was much worse for drivers when they were  texting while driving than when they were under the influence of alcohol.

When all is said and done, many accidents can be avoided just by paying less  attention to our phone and more attention to the road ahead. Remember, that text  message will be there when the drive is over, but if you answer that text, you  might not be.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal  injury law firm (VA-NC law offices ) edits the injury law blogs Virginia  Beach Injuryboard, Norfolk Injuryboard, and Northeast  North Carolina Injuryboard as a pro bono service to consumers. We also host  a YouTube injury law video library with more than 50  videos covering many FAQs on personal injury subjects. Lawyers with Shapiro,  Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They  handle car, truck, railroad, medical negligence cases and  more.

Richard Shapiro

Richard Shapiro

Richard N. Shapiro (Rick) is a personal injury trial attorney, American inventor, and international award-winning fiction author. One of his co-authored legal treatises was published in the American Jurisprudence “Trials” Law Encyclopedia.

All articles

More in Transportation

See all

More from Richard Shapiro

See all