Farmer, Cline & Campbell Personal Injury Lawyers | June 3, 2025 | Personal Injury
These days, cellphones and other electronics often come equipped with hands-free capabilities, utilizing voice commands or single-touch functions. This allows drivers to keep their hands on the wheel and eyes on the road.
West Virginia enforces the use of hands-free devices for those on the state’s roads. Understanding what constitutes a hands-free device and its laws can help drivers be more aware, reduce distractions, and avoid costly penalties.
Types of Approved Hands-Free Devices
According to West Virginia’s Electronically Distracted Driving Act, a hands-free device is defined as one that a person can use without physically needing to hold it. These electronics usually require voice commands or a single-touch operation to operate.
Examples of approved devices may include:
- Voice-operated Bluetooth systems
- Built-in dashboard communication tools
- Personal navigation systems
- Single-swipe or single-touch enabled mounts or holders
Hands-free functions require the driver to be able to operate the device without needing to hold or support it. That means simply having someone on speaker while still holding the phone doesn’t meet the requirement.
What Is Prohibited Under the Law?
In 2012, West Virginia banned the use of handheld devices while operating a motor vehicle. Recently, the state expanded those rules and increased the penalties associated with them.
Under these laws, drivers are not allowed to:
- Hold a phone or an electronic device
- Manually enter information into their phone or GPS
- Read or send text messages
- Record, stream, watch, or post videos
The law makes exceptions for any voice-activated features and single-touch systems. However, if a device misinterprets a command or requires further troubleshooting to proceed, drivers must pull over and stop the vehicle before interacting with it.
Why Does West Virginia Prioritize Hands-Free Laws?
According to the Governor’s Highway Safety Program, texting takes a driver’s eyes off the road for around five seconds. At 55 miles per hour, that’s like driving the length of a football field without looking at the road.
By enforcing hands-free laws, West Virginia aims to:
- Decrease crashes caused by unnecessary distractions
- Encourage safer driving habits
- Keep drivers’ full attention on the road
Although the full extent of distracted driving crash data in the state isn’t always public, survey results and citation numbers support continued enforcement efforts.
Penalties for Violating West Virginia’s Hands-Free Law
Using a device that isn’t hands-free in West Virginia can result in fines, license points, or even jail time in severe cases.
Penalties can include:
- Up to $100 for first-time offenders
- Up to $200 for a second-time offender
- Up to $350, plus license points, for three offenses
- License suspension or criminal charges if the violation causes an injury or death
Law enforcement officers are trained to spot distracted drivers on the road. These types of violations are considered primary offenses, meaning a person can be pulled over and ticketed solely for distracted driving and using a device that was not hands-free.
Safe Driving Tips for Using Hands-Free Devices
The safest approach to take is avoiding using any electronics while you are on the road, but if use is necessary, these tips can help:
- Set up GPS and Bluetooth before driving
- Use voice commands to send texts or when calling
- Keep all conversations brief and don’t get emotional
- Avoid checking notifications or trying to troubleshoot while driving
- When in doubt, pull over to make sure you and others are safe
Staying alert and focused while driving reduces the risk of accidents and keeps everyone around you safe.
Contact the West Virginia Personal Injury Law Firm of Farmer, Cline & Campbell Personal Injury Lawyers for Help Today
Even with West Virginia’s strict hands-free laws, distracted driving continues to put lives at risk. If you or a loved one has been injured by a driver who failed to follow these laws, you deserve justice.
For more information, please contact an experienced personal injury lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990
