Close your eyes and count to five. That might seem like a short time, but that is how long it might take you to type and send a text. If you’re driving at 55 mph, those five seconds would be equal to driving the length of a football field, and a lot of destruction can happen in that time. That is why West Virginia is one of 48 other states that have some form of texting-while-driving laws. As a responsible driver, you need to know if you can use hands-free devices while driving in West Virginia.
Cell phones have changed the way we communicate with each other. They also provide access to the Internet, take photos and videos, and show us maps of where we’re going. That is a lot of potential distractions. According to data collected by the National Safety Council, fatal crashes involving cell phone use were 12.1% in 2022. Those are the kinds of numbers that spurn state legislators into action.
The West Virginia Hands-Free Driving Laws
In 2012, the West Virginia Legislature enacted the hands-free driving law, which prohibits motorists from using handheld devices while driving. This means you can’t have one hand on the wheel and the other hand on a cell phone.
However, even with the law in place, the number of distracted driving collisions involving cell phone use did not go down. The legislature returned to the bill and modified it to increase the fines and expand the definitions of an “electronic device.”
If you are pulled over for violating West Virginia’s hands-free driving laws, you could expect the following consequences:
- First offense – $100 plus court costs
- Second offense – $200 plus court costs
- Third offense – $300 plus court costs and points on your driver’s license record
Avoiding the Distractions
Cell phone use is one of the many ways to become distracted when driving. Those distractions are something that every driver commits at one time or another. That is why you need to rethink your approach to driving to keep you and everyone you’re driving with safe. Here are some helpful tips to avoid the distractions:
Stay Focused
When driving, your only focus should be on the road ahead. In addition to following your route, you should also be alert for hazards, such as debris or erratic drivers. Your hands should be on the steering wheel at all times. It will also help to check your “blind spots” when approaching motorists.
Prepare Before You Go
Whether you’re driving to work, the grocery store, school, or a vacation, you need to prepare for your trip before you start your engine. That prep begins with making sure everyone who is driving with you is secure and has everything they need. That includes your pets, who should be securely harnessed. Ensure there are no loose items that could roll around and set your radio and GPS. Also, take care of any make-up or hair grooming before you get behind the wheel.
Wait for a Complete Stop
If you need to find, fix, or adjust something, wait until you come to a complete stop before taking care of that task. That includes eating or drinking something. One spill can trigger a major distraction.
Use Your Passengers
If you’re driving with passengers, then put them to work making calls, sending texts, or looking things up on the phone. They can also help the kids in the backseat or make radio and climate control adjustments.
Text and Talk Later
The introduction of hands-free driving laws has created a wave of devices meant to help motorists access their phones without holding them in their hands. In theory, those are good ideas. However, you are still distracted if you take your hand off the steering wheel to push a button to answer a call. The safer approach is to talk or text later. Turning off your phone for the duration of the trip is the best overall option.
When Accidents Happen
Despite the laws and public awareness, accidents caused by drivers texting while driving still occur. That might also be the type of accident that makes it easy to establish liability when you can access the phone records. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC, have years of experience accessing those records and building strong cases for their clients seeking a remedy after they’re seriously injured in a Charleston, WV car accident. If you’ve been involved in a collision like this, call our offices to set up a consultation to discuss what happened.
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