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Virginia Distracted Driving Auto Accident Attorneys

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Putting a Stop to Dangerous Distracted Drivers in Virginia

Experiencing an accident caused by distracted driving in Virginia can leave you facing serious injuries along with mounting medical bills and extensive property damage. Managing this sudden financial burden takes time and energy away from your physical recovery. You deserve the opportunity to focus on healing rather than fighting with insurance companies over a personal injury claim.

Gloucester car crash lawyers Ken Gibson and John Singleton know how to hold negligent motorists accountable and can work to protect your rights. Our legal team carefully investigates your crash to gather evidence so we can build a strong case on your behalf. We manage the entire legal process and pursue the financial compensation necessary to cover your medical treatments and lost income.

GibsonSingleton Virginia Injury Attorneys can provide the support you need to move forward after a collision. We stand by your side to pursue a fair recovery for your damages and answer any questions you have about your claim. Contact us at (804) 413-6777 or toll-free at (855) 781-6777 for a free consultation.

Is distracted driving really that big of a problem?

Yes. Driving distracted is one of the most dangerous things a person can do. While we’ve all been warned about the dangers of drinking and driving, many people do not realize how dangerous it is to drive while distracted. If a driver takes his eyes off the road, even for a split second, he could miss a sudden turn, the vehicle in front of him slowing down, oncoming traffic, or a pedestrian crossing the street, leading to an accident and catastrophic injuries.

Consider looking at a text message while driving (not even taking into account typing a response). The average time a person looks away from the road to read an incoming text message is five seconds. In that time, while driving at only 45 mph, a person will travel about 100 yards. That means that in the time you look away to read a text message, you will drive the length of a football field while not looking at the road!

In that distance, a driver could easily steer into the other lane, off the road, or even into a nearby tree. However the accident happens, it is certain that a distracted driver can cause a great deal of damage, even a fatality.

A distracted-driving crash can also involve a hit-and-run if the driver leaves the scene. Under Virginia Code Section 46.2-894, a driver involved in a crash involving injury, death, or damage to attended property must stop, provide the required information, and render reasonable assistance to an injured person. Distracted driving and leaving the scene are separate issues.

What Are the Three Main Types of Driver Distraction?

Drivers face three different kinds of distraction. Each form presents a severe danger on the road and can lead to devastating collisions: 

  1. Visual distractions: These occur when drivers take their eyes off the road. A motorist may check a phone, turn toward a passenger, or stare at events outside the vehicle.
  2. Manual distractions: These happen when motorists remove one or both hands from the steering wheel. A driver may adjust dashboard controls, type a text message, or reach for an item in the passenger seat. Taking hands off the wheel limits a driver’s ability to maintain safe control of the vehicle.
  3. Cognitive distractions: These involve a driver losing mental focus on the task of driving. A motorist may keep their eyes on the road but fail to process the surrounding environment due to daydreaming or fatigue. This lack of concentration prevents drivers from reacting safely to sudden traffic changes.

Which Everyday Activities Cause Drivers to Lose Focus?

Drivers lose focus on the road through everyday actions across the three main categories of distraction. While mobile phones present a significant danger, other activities also pull a driver’s attention away from traffic. The most common distractions include:

  • Mobile phones and similar devices: Devices like phones and tablets present serious distractions inside a vehicle. Incoming text messages, phone calls, or just looking up information or directions on a screen all take our attention away from where it should be.
  • Music: Sound itself can make it harder to hear your surroundings, especially an emergency vehicle. Changing songs or adjusting the volume also creates a distraction.
  • Controls and settings in a car: Adjusting settings, like heating and cooling, can distract a driver. Even moving seat position or side mirrors can reduce your concentration.
  • Passengers in a car: Other people inside a car can distract a driver in many ways, from having an in-depth conversation to asking the driver to look at something.
  • Outside distractions: A driver looking at an accident or reading signs is not focusing on what’s happening immediately around and in front of his vehicle. Even beautiful landscapes can become dangerous if the driver’s attention is diverted by them.
  • Daydreaming: Losing mental focus takes a driver’s mind off the task of driving. This cognitive distraction slows reaction times and prevents motorists from stopping safely for sudden hazards.

Is Distracted Driving a Form of Negligence?

Drivers owe a legal duty to operate their vehicles safely and pay attention to the road. Distracted driving can constitute negligence when a driver fails to use reasonable care and that distraction contributes to a collision. A violation of a Virginia traffic-safety law may also support a negligence-per-se claim when the applicable legal requirements are met.

To build a successful legal claim, injured victims must prove that the driver’s distraction directly caused the collision and resulting damages. Evidence such as cell phone records, traffic camera footage, and witness statements can establish this negligence. Holding the at-fault driver liable allows victims to recover financial compensation for medical bills, lost wages, and property damage.

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Car Accident Attorneys in Virginia – GibsonSingleton Virginia Injury Attorneys

Ken Gibson, Esq.

Ken Gibson, Esq., is a personal injury and trial attorney based in Gloucester, Virginia. Before representing injured clients, he served as an Assistant Commonwealth’s Attorney in Norfolk and later as a federal prosecutor with the U.S. Department of Justice in Washington, D.C. His work at the Department of Justice included serving as Deputy Chief of the Civil Rights Division’s Special Litigation and Criminal Sections. He also received a commendation from FBI Director Robert S. Mueller III for his prosecution work.

Attorney Gibson also brings personal perspective to his work with injury victims. In his early 20s, he was struck by a drunk driver and spent several months in physical therapy. He and John Singleton later formed GibsonSingleton Virginia Injury Attorneys to help injured people, and they have participated in public education efforts addressing drunk driving and distracted driving.

John Singleton, Esq.

John Singleton, Esq., is a personal injury attorney based in Gloucester, Virginia. He developed his trial skills while working for a large insurance defense firm, giving him firsthand knowledge of how the insurance side handles injury claims. He also served in the U.S. Marine Corps in China and Beirut, Lebanon.

Attorney Singleton now uses his insurance defense background when representing injured clients. He also serves as a Special Justice for the Ninth Judicial Circuit, where he hears adult mental health commitment matters on a part-time basis, and remains involved with several community organizations in the Gloucester area.

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What Does Virginia’s Handheld-Device Law Prohibit?

Effective January 1, 2021, under Virginia Code Section 46.2-818.2, it is unlawful for a person driving a moving motor vehicle on a Virginia highway to hold a handheld personal communications device. Exceptions include a lawfully parked or stopped driver and using the device to report an emergency. The rule is about holding the device, not only sending a text. A violation can be evidence relevant to a crash, but liability still requires proof of causation and damages.

How Can Texting or Distracted Driving Be Proven?

Evidence can include witness observations, dashcam or surveillance footage, device and app records obtained through lawful processes, vehicle data, crash-scene photos, and the police report. Preserve your own photos and witness contacts immediately; ask that relevant digital records be retained before they are deleted. A phone’s presence alone does not prove the driver was using it at the critical moment.

Evidence That Can Help Show Distracted Driving

Different types of evidence can help establish what a driver was doing immediately before a collision. No single piece of evidence proves distraction in every case, so the available records should be considered together.

Type of Evidence What It Can Help Show
Phone or app records Calls, messages, or app activity around the time of the crash
Dashcam or surveillance footage The driver's actions, vehicle movement, or events leading to the collision
Witness statements Observations that the driver was looking at a phone, reaching for an item, or otherwise distracted
Vehicle data Information about braking, speed, steering, or other vehicle activity before impact
Crash-scene photos Vehicle positions, road conditions, damage, and other circumstances surrounding the collision
Police report Officer observations, driver statements, witness information, and other details documented after the crash

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Can an Employer Be Liable for a Distracted Driver?

If a driver caused a crash while carrying out job duties, the employer may face responsibility under agency principles. An employer’s own instructions, phone-use policy, dispatch messages, or supervision may also matter. Employment by itself does not establish liability; the driver’s work status and the connection between the distraction and crash must be investigated.

How Does Contributory Negligence Affect the Claim?

Virginia’s contributory negligence rule can bar recovery if the injured person was negligent and that negligence was a proximate cause of the crash. The defense may point to speed, lookout, or another driving choice, but the defendant bears the burden of proving contributory negligence.

What Compensation Can Victims Recover?

Depending on proof of fault and injury, a claim can include medical expenses, lost income, future care, property damage, and pain and suffering. Preserve treatment records, wage documents, receipts, and repair estimates. The value of a claim depends on the specific evidence, available insurance, and any fault defenses.

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Hit by a distracted driver in Virginia? Call us today.

If an inattentive driver in Virginia injured you or a family member, our team is ready to help. Distracted motorists cause severe accidents every year, leaving victims with significant physical injuries and unexpected financial burdens.

GibsonSingleton Virginia Injury Attorneys advocates for individuals hurt through no fault of their own. We manage the legal process and pursue the financial recovery you deserve so you can focus on healing. Contact us at (804) 413-6777 or toll-free at (855) 781-6777 for a free consultation.

Frequently Asked Questions About Virginia Distracted Driving Accidents

Get medical attention when needed, report the crash, and gather information at the scene if you can do so safely. Take photos of the vehicles, roadway, traffic signals, and visible injuries. Keep medical records, repair estimates, and other documents connected to the accident.

Yes. A traffic citation is not required to bring a personal injury claim. Liability depends on the evidence showing how the crash happened and who was responsible. Witness statements, photographs, video footage, phone records obtained through proper legal procedures, and other evidence can help establish what occurred.

A denial does not end the investigation. Evidence from witnesses, cameras, vehicle data, and properly obtained phone or app records can help determine what the driver was doing before the collision. The circumstances of the crash itself can also provide relevant evidence.

An injured passenger can pursue a claim against a driver whose negligence caused the accident. Depending on the circumstances, responsibility could involve the driver of the passenger’s vehicle, another motorist, or more than one party. Medical records and other evidence can help document the passenger’s injuries and losses.

Report the hit-and-run to law enforcement as soon as possible and provide any information you have about the vehicle or driver. Photos, witness information, surveillance footage, and vehicle details can help with the investigation. Available insurance coverage will depend on the facts of the crash and the applicable policy.

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