How to Prove Distracted Driving Caused Your Car Accident

Written by: Virginia Beach Injury Law

Each day in the United States there are eight people that will lose their life in a car accident because of a distracted driver. Distracted driving is unlawful, dangerous, and reckless. Drivers that allow distractions to take some of or all of their attention off of the road and the act of operating their automobile, put themselves, their passengers, and everyone else around them at grave risk for a crash.

According to the Centers for Disease Control and Prevention, the definition of distracted driving is broken down into three categories:

  1. Visual
  2. Manual 
  3. Cognitive

What these categories detail is that if there is any type of distraction that takes your eyes off of the road, your hands off of your steering wheel, and your mind off of the task of driving, then you are distracted. Distracted driving can fall into one of these categories or it can be a combination of all of them. A simple event such as turning around to calm rowdy children in the back seat can involve turning your head and eyes away from the road, taking one hand off of the wheel, and thinking about what you are saying to your children instead of driving. A combination like this can result in devastation in a matter of seconds.

What Evidence Can Show a Distracted Driver Caused Your Crash?

Eating, drinking, playing with your car’s radio, using your handheld device, or gazing at your surroundings can all constitute distracted driving. Using a handheld device is one of the most commonly reported reasons for distracted driving resulting in crashes. This is why so many states in the nation have laws against using a handheld device while driving.

If you live in the state of Virginia, as of January 1, 2021, you are not permitted to hold a cell phone or other wireless communication device while you are behind the wheel. The only exceptions to this rule are if you are having an emergency or if your car is parked. If you text while driving and are pulled over in Virginia, you could be charged fines as high as $250. Virginia’s texting while driving laws make this act a primary offense.

If you were hit by a distracted driver, it can be a challenge to prove that distraction is what caused your accident but it is not impossible. There are different types of evidence that could exist that may show the driver who hit you was distracted at the time that your collision happened.

The following forms of evidence can be powerful in proving that a distracted driver caused your accident:

  • The driver themself may confess to being distracted.
  • The police report may say that distracted driving caused the accident.
  • Cell phone records clearly indicate that the driver was using their phone when the accident happened.
  • Video footage may show a driver’s actions just as the crash took place.
  • Witnesses of the crash may have seen the driver engaging in distracted driving.
  • If the individual who was driving posted anything on a social media platform this can show that they were distracted.

Speak with a Virginia Beach Car Accident Attorney Today

If you live in or near Virginia Beach and you were hit by a distracted driver and you sustained injuries, please reach out to the Virginia Beach car accident attorney at Virginia Beach Injury Law to schedule a free consultation at (757) 802-4662. The talented team at Virginia Beach Injury Law is dedicated to advocating for victims’ rights and helping them get the most compensation possible for their damages.

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