Car Accident Lawyer Virginia Beach
In April 2022, retired CIA member William Glass was driving his wife to a doctor’s appointment on Fairfax County Parkway in Herndon, Virginia. They were stopped at a red light when a man driving a dump truck slammed into the back of the couple’s minivan. Glass was taken to the hospital and later succumbed to his injuries. The truck driver initially blamed faulty brakes, but police later revealed he was looking at his phone at the time of the crash.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving remains dangerous, claiming 3,308 lives in 2022. The Virginia Highway Safety Office notes that in 2023, 64 people were killed in crashes within state lines that involved distracted driving, while 11,521 were injured.
If you or a loved one was seriously injured in a crash involving driver distraction, how can you prove it? It helps if the police report shows evidence of distraction, but is that all that’s needed? Our Virginia Beach car accident lawyers can answer questions like these and more. At Shapiro, Washburn, & Sharp, we know what it takes to hold a distracted driver responsible for any injuries they cause. Call us today at 833-997-1774 for a free consultation.
What Is Distracted Driving?
We hear that you’re not supposed to text while driving, as it’s distracting, but distracted driving encompasses many different types of distraction. Generally speaking, we can divide these up into three main categories.
Visual Distraction
This is when the driver’s eyes leave the road, and it can be for any reason. Maybe the driver was looking at their phone, as in the case above, but looking at an in-car entertainment system would also qualify, as would looking around the vehicle for a lost item.
Manual Distraction
If the driver’s hands are off the steering wheel for any reason, that is manual distraction. The person might be using a cell phone, but they might also be eating, fixing their makeup, or reaching for something in the back seat.
Cognitive Distraction
This means that the driver’s mind is not on the road. Again, this could be because they’re scrolling the internet, but it could also be that they are highly stressed out because of an argument with a partner or an incident at work.
The NHTSA states that distracted driving is “anything that takes your attention away from the task of safe driving.” In today’s world, it’s not just phones that increase the risk. Infotainment systems in modern vehicles can do the same, as the temptation to interact with these technologies can increase distraction.
Regardless of what caused the distraction, if a driver is not concentrating on driving and causes an accident, it’s possible to hold that driver responsible for the consequences.
How Do Lawyers Prove Distracted Driving?
Proving distracted driving isn’t always easy, so it’s important to get a car accident attorney on your side. In the case mentioned at the beginning of this article, for instance, the driver tried to blame faulty brakes. It was only when police talked to an eyewitness who was a passenger in the vehicle at the time of the crash that they found out differently.
Proving that a driver was distracted typically requires gathering as much evidence as possible. That includes all of the following.
Eyewitness Testimony
Any witnesses who saw the driver engage in distracted behavior can provide firsthand accounts. In the incident above, for example, it was the passenger who first indicated that the driver was distracted. Other drivers, pedestrians, passengers in other vehicles, and even cyclists may be able to provide firsthand accounts of what they saw before and during the crash.
Traffic Camera Footage
Today, many intersections and roadways are equipped with traffic cameras. Footage from these cameras may show the driver engaging in distracted behavior before the crash.
Business Surveillance Cameras
Even if there were no traffic cameras, in urban areas, nearby businesses may have surveillance cameras that capture parts of the incident or the driver’s actions before the crash. These recordings can also be used in addition to traffic camera footage if they provide a different angle or additional context to the driver’s behavior.
Cell Phone Records
An attorney may be able to subpoena the phone company to obtain the driver’s cell phone records. These may show that the driver was using his or her phone at the time of the incident.
Accident Reconstruction
Our Virginia Beach car accident attorneys have access to expert accident reconstructionists who can analyze the crash scene, vehicle damage, skid marks, and other evidence to determine exactly what caused the crash. Their findings may corroborate witness statements to show that distraction was a factor.
Electronic Data Recorders (EDRs)
Commercial vehicles are typically equipped with EDRs that record data like the driver’s speed, brake usage, and steering inputs moments before the crash. This data can add to the evidence showing that the driver’s reaction times were compromised, which could be because of distraction.
Social Media Activity
Sometimes, a driver may mistakenly reveal their distracted behavior through social media posts or photos taken just before the incident. Lawyers can obtain this evidence to strengthen your case.
Expert Testimony
Behavioral specialists, technology experts, and other expert witnesses can provide insights into how distractions affect driving performance, which helps explain how distraction could have led to the accident.
Physical Evidence
A driver’s phone found in his or her hand or on the ground (having been tossed out at the last minute) can provide compelling evidence of distraction.
Police Reports
Law enforcement may make observations that indicate possible distraction and then include these in their reports.
Each piece of evidence can strengthen your case, creating a robust argument that a driver’s distraction was a direct cause of the accident.
How Can a Car Accident Attorney Help?
If you or a loved one was injured in a distracted driving accident, contact us at Shapiro, Washburn, & Sharp today. We are highly experienced in dealing with cases like these and have the resources needed to gather all the evidence required to create a strong argument in your favor. We can also negotiate with the insurance companies on your behalf, as we did for this client who was driving to his job when a medical van T-boned him at an intersection. Our client suffered a traumatic brain injury as a result and had to undergo extensive rehabilitation.
Our attorneys found evidence that the van driver was distracted at the time of the crash and, through arbitration, helped our client obtain $340,000 in damages.
For your convenience, we have offices in Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake offices.