Distracted Driving Accident Attorneys in Bedford, VA
When one thinks about the most dangerous behaviors that a driver can commit while behind the wheel, things like driving drunk and speeding are probably the first to come to mind. But research shows that another behavior can be equally as dangerous: distracted driving. One thing that can be particularly dangerous about distracted driving is that unlike drunk driving, people don’t recognize just how dangerous it really is, and the same level of concern and negative stigma are not yet attached to driving while distracted.
If you have been in a crash caused by a distracted driver, our experienced injury attorneys at the Pack Law Group can help. Please reach out to our motor vehicle accident lawyers directly today for a free consultation and an overview of your rights and options.
Facts About Distracted Driving Nationwide and in Virginia
The National Highway Traffic Safety Administration (NHTSA), the Centers for Disease Control and Prevention (CDC), and the Virginia Department of Motor Vehicles (DMV) all agree; distracted driving is incredibly unsafe. To be sure, the NHTSA reports that in a single year (2017), distracted driving resulted in the deaths of over 3,160 people, and the CDC reminds that each day, approximately nine people are killed and more than 1,000 people are injured in distracted driving-caused crashes.
In Virginia, the statistics are no less harrowing. In 2017, there were a whopping 26,123 distracted driver-involved crashes reported in our state, and 843 distracted driving-caused fatalities.
Is Distracted Driving Illegal?
Distracted driving refers to a wide range of behaviors that a driver may engage in while behind the wheel, including texting while driving, talking on the phone, using a handheld device for other purposes, attending to passengers or pets, eating or drinking, self-grooming, etc. In fact, anything that distracts one cognitively (taking one’s mind off of the road), visually (taking one’s eyes off of the road), or manually (taking one’s hands off of the wheel) is considered a distraction.
Distracted driving in itself is not against the law; however, it is negligent (this is important if you are pursuing a claim against a distracted driver). One specific form of distracted driving–texting while driving–is illegal and is a primary offense in Virginia. A first-time texting-while-driving conviction will result in a fine of up to $125.
Who’s Liable for a Distracted Driving Crash?
Just because distracted driving (other than texting while driving) is not illegal in our state does not mean that a driver who commits an act of distracted driving that causes a crash cannot be held liable for damages that result. Because Virginia maintains a tort liability, or “fault,” system of recovery, drivers who cause accidents are responsible for paying for them. As such, if you can prove that the distracted driver breached the duty of care owed to you by committing a negligent or unsafe act (i.e. driving while distracted in this case), and that the breach of the duty of care was the proximate cause of your car accident and your injuries, you can hold the driver liable for the full extent of your damages.
Evidence in a Distracted Driving Accident Claim
When you are pursuing an accident claim against a distracted driver, having the right types of evidence will be crucial to the outcome of your claim. Our experienced motor vehicle accident attorneys will assist you in gathering all evidence and thoroughly investigating your case. Evidence that can help to prove that the accident would not have occurred but for the actions of the at-fault driver, and that the driver was indeed distracted at the time of the crash, includes:
- Eyewitnesses’ testimonies. Our lawyers will attempt to get in contact with all eyewitnesses to the accident and obtain a statement of what they saw. The testimony of unbiased witnesses to an accident can be a powerful tool in proving fault and recovering compensation.
- Cellphone logs. Cellphone logs are a very important piece of evidence in a distracted driving claim if you are alleging that the at-fault driver was using their cellphone at the time of crash. We can file the proper motions in order to subpoena cellphone records when appropriate.
- Physical evidence. Things like skid marks, proof of the angle at which the vehicles collided, and other evidence at the scene of the accident can be critical in proving the fault of one driver over another.
- Police reports. We will thoroughly examine the police report that was filed after your crash. While a police report may or may not include a judgment about fault, it could include other important details that can be pursued further to provide information about causation.
We will gather all evidence relevant to your claim and ensure that evidence is preserved and kept safe. We know how to use evidence effectively to prove fault, causation, and damages.
You Deserve to Be Compensated for Your Injuries
Our lawyers are passionate about representing accident victims and helping our clients recover the maximum amount of compensation that they need after being involved in a crash. If you have been harmed by the actions of a distracted driver, you can count on our lawyers to work hard to advocate for your right to compensation for the full extent of damages you have suffered, including compensation for your:
- Medical bills;
- Lost wages;
- Property damage expenses;
- Suffering; and
- Emotional distress.
Our legal services including investigating your case, hiring accident reconstruction experts when necessary, calculating your damages, issuing a demand letter, negotiating your settlement and, when necessary, litigating your distracted driving accident claim.
Call Our Virginia Distracted Driving Accident Lawyers Today
There is nothing fair about being involved in a serious car accident caused by the avoidable actions of another driver. When you have been in a crash that would not have happened but for another driver’s negligent behavior, you deserve justice. At the office of the Pack Law Group, our Virginia distracted driving accident lawyers are here to help you bring forth your case and recover the maximum amount of compensation available. We know how important it is that you receive compensation for the full degree of damages that you have suffered.
To schedule a free consultation with our lawyers, please call our law firm today at 540-586-7225, send us a message online, or visit our Bedford office in person.