How Can I Hold a Distracted Driver Liable for My Virginia Car Accident and Injuries?

Distracted driving is dangerous, claiming 3,308 lives nationwide last year alone, according to the National Highway Traffic Safety Administration (NHTSA). Unfortunately, the NHTSA and other state and federal safety agencies believe this number to be significantly understated because the criteria for identifying and recording distracted driving differs widely between states and even between law enforcement agencies within the same state.

Although distracted driving accident statistics may not fully capture the true extent of the problem, the number of distracted drivers on Virginia roadways are evident daily. Running an errand, driving to work, or meeting a friend for lunch are nearly impossible tasks to undertake without observing other drivers using their cellphones, eating, drinking, smoking, or paying closer attention to their passengers than they are the road. The question is, how do you prove their distraction caused your car accident and injuries? Our Richmond personal injury attorneys can help.

Holding a Driver Liable for Virginia Car Accident and Injuries Requires Proving They Were Distracted

Proving that the driver who caused your crash was distracted involves collecting and presenting various evidence to establish that the driver’s attention was not on the road. Attempting to undertake such a task on your own is, unfortunately, quite prohibitive, especially if you were severely injured in the crash.

This is why we are here.

Our Richmond car accident attorneys can use a combination of the following strategies to build a strong case:

• Eyewitness Accounts: Testimonies from witnesses who observed the accident can be crucial. They may have witnessed the driver using a phone, eating, or engaging in other distracting activities.
• Passenger Statements: If passengers were in either vehicle, their statements could also provide insight into the driver’s behavior before the accident.
• Official Documentation: The police report often includes the officer’s observations as well as any statements from the drivers or witnesses at the scene. If the officer noted signs of distraction, this can be robust evidence.
• Citations Issued: If the driver was cited for a traffic violation related to distracted driving, this citation supports your claim.
• Usage Logs: Subpoenaing the at-fault driver’s phone records can reveal whether the driver was texting, calling, or using apps during the crash.
• Time Stamps: Time-stamped data from the phone records can be cross-referenced and even matched with the time of the accident to show usage correlating with the crash.
• Traffic Cameras: Footage from traffic cameras or nearby surveillance systems can sometimes capture the driver’s behavior before and during the accident.
• Dashcams: Dashcams have become readily more apparent in many vehicles. The footage from such dashcams might show the driver’s distracted behavior if your vehicle or other nearby vehicles were equipped with such technology.
• Event Data Recorder (EDR): Many modern vehicles are equipped with EDRs, which record data about the vehicle’s operation before and during a crash. This can show abrupt maneuvers or lack of braking that indicate inattention.
• Infotainment System Logs: These systems may record interactions with the vehicle’s touchscreens or voice commands, indicating distraction.
• Posts and Updates: If the driver was active on social media, posting or updating statuses during the accident, this can be used as evidence of distraction.
• Geolocation Data: Social media platforms often log the time and location of posts, which can be matched to the time and place of the crash.

By combining these various types of evidence, we can construct a compelling narrative that demonstrates the at-fault driver’s distraction that led to the accident and your injuries. This comprehensive approach maximizes the chances of proving liability and securing the compensation you deserve when filing a claim with the at-fault driver’s insurance company. At Wind Law we want you focus on your physical and emotional recovery; we’ll handle the rest.

Contact Our Dedicated Auto Accident Lawyer in Richmond Today

Contact our dedicated auto accident and injury attorneys in Richmond, Virginia, to discuss your case during a free consultation. We want to hear your story to ensure your voice is heard and will work diligently to ensure you are treated fairly and get the justice you deserve in your case.