Distracted driving is one of the leading causes of serious car accidents in Virginia Beach and throughout the country. When a driver takes their eyes off the road, their hands off the wheel, or their attention off the task of driving, even for a few seconds, the consequences can be catastrophic for everyone else on the road.
If you were injured by a distracted driver, you may be able to pursue compensation for your losses. Deering Hedrick, P.C. represents distracted driving accident victims throughout Virginia Beach and the Hampton Roads area. Call us at (757) 383-6848 for a free consultation today.
What Is Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention from the primary task of operating a vehicle safely. It encompasses a broad range of behaviors beyond cell phone use, though texting and smartphone interaction remain the most frequently cited and most dangerous forms of distraction on today’s roads.
Types of Distracted Driving
Distracted driving falls into three primary categories that often overlap:
- Visual distractions that take a driver’s eyes off the road, including looking at a phone screen, reading, or watching something outside the vehicle.
- Manual distractions that take a driver’s hands off the wheel, including texting, eating, adjusting controls, or reaching for objects.
- Cognitive distractions that take a driver’s mental focus off driving, including daydreaming, emotional conversations, or being absorbed in audio content.
Texting while driving is particularly dangerous because it involves all three categories simultaneously. At 55 miles per hour, taking your eyes off the road for five seconds to read a text message is the equivalent of driving the length of a football field.
Distracted Driving Accident Statistics
Distracted driving continues to be a significant contributor to traffic fatalities and serious injuries nationally. The National Highway Traffic Safety Administration reports that distracted driving claims thousands of lives annually and injures hundreds of thousands more.
In Virginia, distracted driving is a documented factor in almost 20,000 crashes each year and dozens of deaths. Despite increased public awareness campaigns and stricter laws, the prevalence of smartphone use and in-vehicle technology continues to fuel distraction-related crashes at alarming rates.
Distracted Driving Laws in Virginia
Virginia has strengthened its distracted driving laws in recent years. The use of handheld personal communications devices while driving is prohibited under Virginia Code, and the law applies to holding or using a phone while operating a vehicle, not just texting. First offenses carry fines that increase for subsequent violations.
Virginia also prohibits school bus drivers from using any handheld communication device while operating a bus with passengers, and commercial vehicle operators face stricter federal regulations regarding electronic device use. Despite these laws, enforcement remains imperfect and distracted driving continues to cause serious accidents throughout Virginia Beach and the surrounding region every day.
Common Causes of Distracted Driving Accidents
While cell phone use is the most publicized cause of distracted driving accidents, many other behaviors contribute to serious crashes:
- Texting, calling, or using social media on a smartphone
- Using GPS navigation while the vehicle is in motion
- Eating or drinking while driving
- Adjusting the radio, climate controls, or entertainment systems
- Interacting with passengers, particularly children in the back seat
- Grooming or applying makeup
- Reading maps, documents, or other materials
- Watching videos or looking at content on in-vehicle screens
- Daydreaming or being preoccupied with personal matters
- Rubbernecking at other accidents or roadside events
Any of these behaviors can form the basis of a negligence claim when an accident results.
What Kind of Accidents Are Caused by Distracted Driving?
Distracted driving contributes to virtually every type of motor vehicle accident, including:
Rear-end collisions are among the most common distraction-related accidents. A driver who looks down at their phone for even a moment may not notice traffic slowing ahead and strikes the vehicle in front at full speed.
Intersection accidents occur when a distracted driver fails to notice a red light, stop sign, or yielding requirement and proceeds into cross traffic.
Lane departure accidents happen when a driver drifts out of their lane while distracted and sideswipes another vehicle or crosses the center line into oncoming traffic.
Pedestrian and bicycle accidents involving distracted drivers are frequently severe because drivers fail to see people on foot or on bikes before it is too late to stop.
Highway accidents at high speeds involving distracted drivers tend to produce the most catastrophic outcomes because of the forces involved when inattention causes a crash at speed.
Injuries Frequently Caused by Distracted Driving Crashes
The injuries produced by distracted driving accidents reflect the severity of collisions where one driver had no opportunity to react or brake before impact. Commonly seen injuries include:
- Traumatic brain injuries ranging from concussion to severe TBI requiring long-term care
- Spinal cord injuries including herniated discs and in serious cases paralysis
- Broken bones and fractures including complex injuries requiring surgical repair
- Soft tissue injuries including whiplash and torn ligaments
- Internal organ damage from impact forces
- Facial injuries and lacerations
- Chest injuries from steering wheel or airbag impact
- Psychological trauma including PTSD, anxiety, and depression following serious crashes
Many of these injuries require extensive medical treatment, rehabilitation, and in the most serious cases produce permanent limitations that affect every dimension of the victim’s life.
What Compensation May Be Available?
A successful distracted driving accident claim in Virginia can recover compensation for medical expenses including emergency care, surgery, hospitalization, physical therapy, and ongoing treatment. You may also seek compensation for lost wages, reduced earning capacity if injuries cause permanent limitations on your ability to work, pain and suffering for the physical and emotional impact of the accident and its aftermath, property damage for vehicle repair or replacement. In cases involving fatalities, wrongful death damages for surviving family members.
Virginia follows a contributory negligence standard, meaning a plaintiff who is found to have contributed to the accident in any way may be barred from recovering compensation. Because of that, the strength of the investigation and liability evidence can be especially important in Virginia distracted driving cases, which is one reason many people choose to work with Deering Hedrick, P.C. by calling (757) 383-6848.
How We Investigate Distracted Driving Accident Cases
Building a successful distracted driving case requires proving that the other driver was distracted and that the distraction caused the accident. This is rarely accomplished through the other driver’s admission alone.
Deering Hedrick, P.C. investigates distracted driving cases thoroughly. Our process begins with:
- Obtaining cell phone records through the legal discovery process to establish whether the driver was using their phone at the time of the crash.
- Reviewing available surveillance and traffic camera footage.
- Gathering witness statements from individuals who observed the driver’s behavior before or during the accident.
- Physical evidence from the crash scene including skid marks and vehicle damage patterns is examined carefully.
- Accident reconstruction experts are retained when necessary to establish exactly how and why the crash occurred.
Can You Sue for Distracted Driving?
Yes. Distracted driving is a form of negligence, and a driver who causes an accident because they were not paying attention to the road is legally responsible for the harm their inattention caused. You can pursue a personal injury lawsuit against the distracted driver, and in some cases against additional parties such as an employer if the driver was operating a commercial vehicle or performing work duties at the time of the accident.
Proving Liability After a Distracted Driving Accident
Liability in a distracted driving case is established by demonstrating that the driver owed a duty of care to other road users, that they breached that duty by driving while distracted, that the breach caused the accident, and that the accident caused your injuries and damages.
Cell phone records showing active use at the time of the crash are among the most powerful pieces of evidence available, and obtaining those records requires prompt legal action to prevent them from being lost or destroyed. Eyewitness testimony, traffic camera footage, and the driver’s own social media activity around the time of the crash can all support a liability finding.
Why Choose Our Virginia Beach Distracted Driving Accident Attorneys?
Deering Hedrick, P.C. is a Virginia Beach personal injury firm with experience handling complex motor vehicle accident claims, including those involving distracted drivers where liability must be established through careful investigation and evidence gathering. Our car accident attorneys understand Virginia’s contributory negligence standard and know how to build cases that withstand the scrutiny that standard demands.
We handle distracted driving accident cases on a contingency fee basis, meaning there are no attorney fees unless we recover compensation for you. Consultations are free, and our team is ready to evaluate your situation and advise on your options without any obligation to proceed.
If you were injured by a distracted driver in Virginia Beach or anywhere in the Hampton Roads area, contact us at (757) 383-6848 to speak with one of our Virginia Beach distracted driving accident lawyers today.
