West Virginia roads are among the top ten deadliest in the nation, at least partly because of the rugged mountain territory through which so many of them wind. Distracted driving, caused largely by the use of electronic communications devices, is just as much of a problem in West Virginia as it is anywhere else. The state legislature has responded by passing some of the nation’s most comprehensive restrictions on distracted driving.
West Virginia’s Distracted Driving Regulations
West Virginia bans both texting and all uses of hand-held electronic devices for all drivers (with certain narrow exceptions). Drivers under 18 or drivers using a learner’s permit or an intermediate license are also prohibited from using hands-free models such a Bluetooth. The fine for a first offense is $100. A second offense will cost you $200, and a third offense will cost you $300 plus three demerit points against your DMV driving record.
In the Event of an Accident
If you cause an injury accident through illegal use of an electronic communications device such as a cell phone, and you are sued for it, the other party will probably assert that since you were breaking the law at the time of the accident, you should be held automatically liable for damages. This approach might succeed under the common law doctrine of “negligence per se.”
You can still win the case and avoid paying damages, however, if you can prove that either (i) your use of an electronic communications device was not a substantial cause of the accident or (ii) the other party was at least 50 percent at fault for the accident. Even if the other party was less than 50 percent at fault, you can reduce the amount of damages you will have to pay by whatever percentage of fault the court assigns to him.
If you employ a driver who causes an accident in this manner, you could be held jointly liable for the accident even if you were zero percent at fault for the accident, on the reasoning that employers are liable for the wrongful acts of their employees. This rule does not apply to independent contractors – they are solely responsible for their own misconduct, unless you act in a manner that implicates you in the accident (texting your contractor while you know he is on the road might implicate you, for example).
Punitive damages can be added to compensatory damages if the behavior of the at-fault party is ruled to have been “reckless”, which is a more intentional state of mind than mere negligence.
Possible Criminal Penalties for Distracted Driving in West Virginia
People have been charged with crimes for distracted driving where their conduct is deemed criminally negligent or reckless. There is no clear dividing line between ordinary negligence (resulting in liability for damages) and criminal negligence – it all depends on the facts of the case.
The more serious the accident is, however, the more likely it is that criminal charges will be filed. Taking your eyes off the road for long enough might be considered criminal negligence all by itself. Criminal negligence might also be found if you combine an offense such as texting while driving with another offense such as speeding.
– Updated through September 1, 2016