Virginia Beach Distracted Driving Accident Lawyers
In Virginia, operating a motor vehicle while using a cell phone or any other handheld electronic device is illegal. Despite these laws, many drivers continue to engage in distracting behaviors such as texting, talking on the phone, and using other handheld devices. These actions are not only dangerous, but they significantly increase the risk of causing an accident. According to the National Safety Council (NSC), around 25-30% of all motor vehicle accidents are attributed to some form of distracted driving. This statistic highlights the widespread nature of the problem and the need for greater awareness and enforcement.
Distracted driving accidents can lead to severe injuries, such as spinal cord damage, brain trauma, broken bones, and even fatalities. These incidents are entirely preventable if drivers maintain focus on the road and avoid engaging in any activities that take their attention away from driving. If you or a loved one has suffered from a distracted driving accident, it’s essential to seek experienced legal counsel immediately. The Virginia Beach distracted driving accident lawyers at Anchor Legal Group, PLLC are here to help you navigate the complex legal process and pursue the compensation you deserve.
What Are the Different Types of Distractions?
Driving requires full attention, and there is little room for error. When a driver engages in distracting behaviors, it takes their focus away from the road and creates dangerous situations. Distractions are typically divided into three categories: manual, visual, and cognitive. Let’s take a closer look at each type of distraction:
1. Manual Distractions
Manual distractions occur when a driver takes their hands off the wheel while operating a vehicle. Even a brief moment without both hands on the wheel can be enough to cause an accident, especially if a sudden hazard appears. Common examples of manual distractions include:
- Texting while driving
- Eating or drinking
- Adjusting the radio or temperature controls
- Putting on makeup
- Reaching for something in the back seat
- Helping a child with their seatbelt or entertainment
While these activities might seem harmless or momentarily convenient, they significantly impair a driver’s ability to maintain control of the vehicle, especially when an emergency arises.
2. Visual Distractions
Visual distractions occur when a driver takes their eyes off the road. This type of distraction is especially dangerous, as it prevents the driver from noticing potential hazards in time to avoid them. Examples of visual distractions include:
- Reading or sending text messages
- Checking GPS directions
- Looking at billboards or other roadside signs
- Checking on passengers in the back seat
Even a brief glance away from the road can make the difference between avoiding a collision and causing a serious accident. Studies have shown that taking your eyes off the road for just a few seconds can significantly impair reaction time, increasing the likelihood of a crash.
3. Cognitive Distractions
Cognitive distractions occur when a driver’s mind is not fully focused on driving. This can happen even if the driver’s hands are on the wheel and their eyes are on the road. A cognitive distraction can impair judgment, reaction time, and decision-making. Examples include:
- Daydreaming or “zoning out”
- Thinking about personal issues or problems
- Listening to loud music that demands attention
- Becoming mentally fatigued, especially after a long day of work
Cognitive distractions are often harder to recognize because the driver might seem to be in control of the vehicle physically. However, mental distraction can still impair their ability to respond to a sudden hazard on the road.
Texting and Driving: A Perfect Storm of Distractions
Texting while driving is particularly dangerous because it combines all three types of distractions. When a driver texts, they take their hands off the wheel (manual distraction), their eyes off the road (visual distraction), and their mind off the task at hand (cognitive distraction). Research shows that texting drivers are 23 times more likely to cause an accident than non-distracted drivers.
What Are the Distracted Driving Laws in Virginia?
Virginia has strict laws in place to curb distracted driving. According to the Code of Virginia, it is illegal for any motorist to use a handheld electronic device while driving. This includes texting, emailing, and even reading messages. The law applies to both drivers in motion and those temporarily stopped at traffic signals unless the vehicle is legally parked.
There are a few exceptions to this law, such as:
- Emergency responders who are using their devices as part of their official duties.
- Drivers who are reporting an emergency or those who are legally parked or stopped in a safe area.
It is important to note that Virginia’s distracted driving laws are enforced with penalties, including fines and possible license suspension if a driver is caught violating them. These laws are in place to protect all road users, as distracted driving is a preventable cause of accidents.
How Do I Prove That the Other Motorist Was Distracted at the Time of the Accident?
If you are injured in a distracted driving accident, you may want to file a personal injury lawsuit to seek compensation for your medical bills, lost wages, and pain and suffering. To do so, you will need to prove that the other driver was distracted at the time of the accident. Here are some key pieces of evidence that can help establish liability:
Police Reports
When the police respond to the scene of an accident, they will document the details of the crash, including any observations of distracted driving. They may note things like the driver’s admission of texting or talking on the phone, witness testimony, or signs of erratic driving. A thorough police report can provide valuable evidence for your case.
Photos and Videos
Photos and videos from the accident scene can help paint a picture of what happened. For example, if photos show no skid marks or signs of braking, this could suggest that the driver was distracted and did not realize a collision was imminent. Security camera footage or dash cam videos can also be helpful in supporting your claim.
Witness Statements
Witnesses who saw the driver using a phone or engaging in distracted behavior before the accident can provide crucial testimony. Their statements can strengthen your case and help establish that the other driver was at fault.
Cell Phone Records
Our Virginia Beach distracted driving lawyers can subpoena the other driver’s cell phone records to determine whether they were texting or talking on the phone at the time of the accident. This evidence can directly prove the driver’s distraction.
Social Media Activity
Social media activity can also provide evidence that the driver was distracted. Posts or messages made just before or during the accident may show that the driver was engaged in texting, browsing the internet, or checking social media at the time of the crash.
Virginia’s Contributory Negligence Law
Virginia is one of the few states following the contributory negligence doctrine. Under this law, if you are found to be even 1% at fault for the accident, you cannot recover any damages. This strict rule makes it essential to work with a lawyer who can prove the other driver’s liability and protect your ability to recover compensation.
Contact the Virginia Beach Distracted Driving Accident Lawyers at Anchor Legal Group, PLLC
If you or a loved one was injured in a distracted driving accident, it’s crucial to seek experienced legal representation. The Virginia Beach distracted driving accident lawyers at Anchor Legal Group, PLLC are dedicated to helping victims. To schedule a free, confidential consultation, call us at 757-LAW-0000 or contact us online. We serve clients in Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and the Eastern Shore.
