Distracted Driving in Virginia Accidents
Distracted driving kills thousands of people every year and injuries many more. Sometimes, those injuries can be devastating and permanently life-altering.
Driving is a privilege that carries a responsibility to stay alert and attentive on the road. Distracted driving takes many forms and always carries the potential for serious injuries or even death when a crash occurs. If you have been the victim of a distracted driver accident in Virginia, you may be entitled to compensation for your injuries and losses under Virginia law. Speak with a lawyer who handled distracted driving cases in Haymarket, Virginia. They will represent your interests and fight for the compensation you deserve.
Dangers of Distracted Driving
Whenever someone gets behind the wheel, they are responsible for driving cautiously and taking steps to ensure they are not acting as a hazard on the road. Unfortunately, many drivers make the big mistake of engaging in activities that can result in distracted driving accidents.
While statistics are slowly and finally beginning to trend downward, distracted driving is still a huge problem on Virginia roads. More than 10,000 people were injured in distracted driving accidents in Virginia in 2022.
Causes of Distracted Driving
- Eating or drinking
- Conversations with passengers, including children and pets
- Interacting with the radio or other on-board navigation or entertainment systems
- Drowsy driving
- Talking on a cellphone by holding the phone (not hands-free)
- Texting and driving, or using the internet on your phone while driving
Phone Use While Driving in Virginia
Texting and driving in Virginia is against the law. In fact, it is illegal in Virginia to even hold your phone in your hand when you are behind the wheel of a vehicle, even if you are at a stop light. While you are permitted to talk on the phone using a hands-free system like Bluetooth, if you use an earpiece, headphones, or earbuds, you can only use that device in one ear while driving. If a driver causes an accident due to being distracted by texting or driving, they can be held responsible for their actions.
Determining Fault in Virginia Accidents
Determining fault in Virginia accidents is both complex and important. Virginia is one of only a few states with “compensatory negligence” laws, which means that for someone to be found at fault (or “liable”) for an accident, they have to be 100% at fault. No percentage of blame may be shared.
If you were the victim of a Haymarket distracted driving accident, you may be able to recover compensation for your losses in the form of damages pursued in a personal injury lawsuit if the other driver is found negligent.
Damages in a Personal Injury Lawsuit
When you file a personal injury lawsuit, you are pursuing compensation for losses incurred as a result of the accident. These are referred to as “damages” in your lawsuit and may include:
- Medical costs, including urgent care or emergency room bills, physical therapy, mental health therapy, surgery, and other medical treatments
- Damage to your vehicle and other personal property damaged in the accident
- Lost wages from missed work due to the accident and any subsequent medical treatment you had to pursue after the accident
- Loss of spousal privileges due to injuries sustained in the accident
- Pain and suffering
Insurance and Virginia Distracted Driving Accidents
Auto insurance is not 100% required by law in Virginia, but if you do not carry insurance you are driving at your own risk. You must either have insurance or enough money to pay for losses that could happen in an accident. We recommend all drivers carry auto insurance, including coverage for uninsured motorists, which can be used to compensate for your damages if you are the victim of a distracted driving accident committed by an uninsured driver.
Insurance company adjusters may seem like impartial fact-gatherers, but their goal is to minimize liability, reducing any amount that they may have to pay out for an accident – even if it is your own insurance company. We recommend keeping conversations with insurance adjustors brief, only answering the questions they ask without elaboration.
They may try to offer you a settlement amount immediately after an accident. This is often not a comprehensive enough amount to cover all of your damages. We suggest never accepting a settlement before talking with an experienced Haymarket car accident lawyer. They can handle negotiations with insurance companies and will represent your interests throughout your personal injury case, including in court if necessary.