Virginia Distracted Driving Accident Lawyers
Holding careless motorists accountable for texting while driving and other unsafe practices
The first rule of driving is to keep your eyes and mind on the road. Unfortunately, too many motorists are not mindful of the heavy responsibility they assume each time they get behind the wheel. According to the Centers for Disease Control, nine people in the United States are killed every day in crashes that involve a distracted driver. In 2019, distracted driving accidents killed more than 3,100 people and injured 424,000 more. About 20 percent of distracted driver crashes killed pedestrians, cyclists and people standing outside their vehicles.
At Pikrallidas & Probasco in Fairfax, our auto accident attorneys have seen up close the damage done by distracted drivers. We fight for their victims to receive full compensation for all injuries sustained.
Types of distraction drivers surrender to
Drivers are often prone to distractions. A random noise, the flash of an image in peripheral vision, a chatty person in the car or a nagging thought can take one’s mind off the road. Driving safety experts warn of three categories of distractions that contribute to car crashes:
- Visual — Drawing eyes away from the road
- Manual — Occupying hands when they should be on the wheel
- Cognitive — Breaking concentration
Distractions that fall into these categories include:
- Cellphone use
- Adjusting a GPS or stereo
- Texting or checking emails
- Reaching for an object
- Looking at the surroundings
- Personal grooming
- Eating or drinking
- Carrying on boisterous conversations with passengers
There is no question that giving into distractions while driving can have catastrophic results.
Virginia distracted driving laws
The Code of Virginia makes it illegal to operate a motor vehicle while using a handheld communications device, such as a cell phone. A driver may not:
- Talk on a hand-held device
- Send letters or text
- Read text message or email
Drivers are also prohibited from reviewing names or numbers stored on a device and from reading the caller ID display.
Virginia law allows exceptions for:
- Operators of emergency vehicles in the performance of official duties
- Drivers who are legally parked or stopped
- Drivers who are reporting emergencies
Distracted driving violations are punished as traffic infractions. Fines are set as follows:
- First offense: $125
- Second or subsequent offense: $250
- Violation in highway work zone: $250
Fines for distracted driving increase if a distracted driver causes property damage, physical injury or death. Such cases also can be charged criminally as misdemeanors or felonies.
Proving driver distraction after a Virginia auto accident
When a driver is provably distracted, it is easier to establish their liability for causing accidents and resulting injuries. Evidence of distraction can include the following:
- Driver’s cellphone records — These can show whether there were any communications at the time of the crash.
- Witness statements — Passengers in the distracted driver’s car might describe distractions prior to the crash.
- Distracted driver’s own admission — In the minutes after an accident, a driver might say something to the effect of, “I’m so sorry; I only looked away for a second.” Such statements are known as excited utterances and are admissible in court.
Our personal injury attorneys thoroughly investigate your accident to discover any indications that a driver was distracted prior to the crash. Armed with that evidence, we pursue your case aggressively to recover the compensation you deserve.
Contact our Fairfax lawyers for a free distracted driving accident consultation
Pikrallidas & Probasco in Fairfax represents victims of distracted driving accidents throughout Virginia and Washington, D.C. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.
