Distracted driving is dangerous driving. Yet, more and more Virginia drivers fail to pay attention while behind the wheel, causing catastrophic accidents and injuries. One study estimates that Virginia is the fifth worst state for distracted driving fatalities. At least 21.5 percent of fatal car crashes in the state are caused by distracted drivers.
A car accident can cause significant physical injuries and set you back financially. When a distracted driver is to blame for the accident, should you be financially responsible for the fallout? We don’t think so.
Mike Deering understands Virginia law and the multiple ways car accident victims can seek compensation for their injuries after a collision caused by a distracted driver. Can you sue for distracted driving in Virginia? Mike Deering has the answer.
Is Suing for Distracted Driving an Option in Virginia?
Technically, yes. You may be able to hold distracted drivers accountable for their actions by filing a personal injury lawsuit against the at-fault party. Virginia law allows individuals to seek monetary damages for their injuries when they are involved in an accident caused by the careless or reckless actions of another person.
When you get behind the wheel of a car, the expectation is that you will safely operate your vehicle. That responsibility includes avoiding distractions and following all Commonwealth of Virginia laws and regulations. This concept is known as the duty of care. Failing to remain vigilant while on the road means a driver is violating their duty of care. When a driver violates this duty of care and someone else is injured, the at-fault party can be held legally liable for the damage.
In many cases, accident victims choose to file a claim with the distracted driver’s insurance company. An insurance claim is one way an accident victim can seek compensation for their injuries. However, not all insurance companies will treat a victim fairly. Some may present a lowball offer or refuse to negotiate entirely. When this happens, an injured person can file a personal injury lawsuit against the company to seek the fair compensation they deserve.
Individuals injured in distracted driving accidents may also file a personal injury lawsuit against an at-fault driver if the driver does not carry enough insurance or does not carry insurance coverage.
Why You Need an Experienced Distracted Driving Attorney
Claiming the other driver was distracted at the time of a crash is one thing, but proving it is something else entirely. Insurance companies are for-profit entities. Offering an injured individual less than their claim may be worth helps save the company time and money. It is in the best interest of the at-fault driver and their insurance provider to defect blame and perhaps even deny the accident was caused by their insured’s distraction.
An experienced car accident attorney will investigate the cause of the accident and track down evidence to establish that the at-fault driver may have been distracted. This evidence might include:
- Surveillance video footage
- Witness testimony
- Cell phone records
- Police report
A skilled attorney can also negotiate with an insurance adjuster, fighting to earn an injured individual the compensation they deserve. If it becomes necessary, an attorney can also prepare a court case.
Speak with a Skilled Car Accident Attorney Today
Have you been involved in an accident with a distracted driver in Virginia Beach? Mike Deering wants to help you pursue the money you need to move forward with your life. Whether through an insurance claim or a personal injury lawsuit, Mike Deering will protect your rights and offer valuable legal advice. For a confidential case assessment, contact Deering Hedrick today at 757-383-6848.