The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What is a cognitive distraction in distracted driving accidents?
Although visual and manual distractions can cause a driver to crash, cognitive distractions are the most dangerous. A cognitive distraction is a behavior or activity that takes the driver’s mind off the road. When a driver’s thinking is redirected from the road to some other focus, such as conversing with a passenger in the vehicle, they become unaware of what is taking place on the road in front of them. Although as humans we are able to multitask, our attention is not evenly divided as we are doing so.
What is a manual distraction in distracted driving accidents?
Any activity that causes a driver to remove their hands from the steering wheel is deemed a manual distraction. Examples include adjusting the heat, fiddling with the radio or CD player, or drinking from a cup while driving.
What is visual distraction in a distracted driving accident?
Visual distraction is not just texting while driving. Anything that causes us to look away from the road for just seconds is considered a visual distraction. Whenever a driver looks away from the road, not only do they no longer see what is happening in front of them, but they also become unaware of how close other vehicles are and how fast they are driving.
How important is the police report in a car accident injury case?
A police report can be critical to proving negligence in a car accident case. The report will contain where the accident happened, how it happened, the type of crash it was, whether any driver was cited for a traffic violation or arrested, and accounts of what happened by any witnesses to the crash. This report can be used by the victim’s attorney as evidence in the lawsuit.
Does the type of collision help prove negligence in a car crash?
Yes, it does. There are certain types of crashes that can make it easier for an attorney to prove which driver was at fault. For example, in the majority of rear-end collisions, it is the driver in the rear who are usually at fault for the crash and not the driver in the front who gets hit.
How does a victim prove negligence in a car accident?
One of the easiest ways to prove a driver was at fault in a crash is to examine whether or not that driver violated any traffic laws. Each driver has a legal duty to follow all of the state and municipal traffic laws and to avoid any behavior or actions that would put others on the road in danger. If it can be proven that the driver broke one or more traffic laws and that was what caused the crash, that driver can be held liable for any losses the injured victim has suffered.
How damages can a victim receive in a drunk driving crash personal injury lawsuit?
Car accident victims who suffer injury often face medical expenses, as well as have a loss of wages from being unable to work while they recover. Under Virginia law, victims are entitled to pursue damages for all the losses they suffer. In addition to medical expenses and lost wages, a victim may also receive compensation for pain and suffering, emotional anguish, loss of life enjoyment, permanent disability and more. In addition, the court may also award the victim punitive damages as a way to punish the driver who was drinking. This is all in addition to any criminal charges the driver may face.
How is negligence proven in a drunk driving crash?
Negligence is legally defined as the failure of a person to do something that a reasonable person would do or doing something that a reasonable person would not do. It is not enough to just show that the driver was drunk. An attorney must also show that the driver being drunk is what caused the accident and that the crash caused the victim’s injuries. This is why it is critical to contact an attorney right away so that they can quickly collect as much evidence as possible.
How often do drunk driving accident happen?
According to statistics from the Centers for Disease Control and Prevention, 29 people die every day in this country because in alcohol-related crashes. This comes out to one death every 50 minutes. More than 10,000 people die each year in crashes caused by a drunk driver, accounting for more than 30 percent of all traffic fatalities. The yearly cost of drunk driving crashes is more than $44 billion.
How do I prove that the driver who hit me caused my whiplash?
To succeed in securing a personal injury insurance claim following a rear-end collision, you need a detailed diagnosis from a qualified doctor to establish the existence of a whiplash injury.
Whiplash injuries generally do not result from structural damage, just the sudden overextension of muscles and tendons. The doctor should take x-rays and do other types of imaging such as MRIs or CAT scans to rule out more traumatic injuries. The doctor should also document problems such as pain levels through a range of motion, limitations on range of motion, arm and leg tingling and weakness, frequency and severity of headaches, and tenderness of the neck and shoulders.
Information on the duration, accumulation and intensification of symptoms will be important for supporting an insurance claim.