Serving Southwest Virginia
For Nearly Half a Century

How does distracted driving impact personal injury claims?

On Behalf of | Jan 14, 2025 | Motor Vehicle Accidents |

Distracted driving has become a leading cause of motor vehicle accidents across the country. Activities like texting, eating, or adjusting a GPS can take a driver’s focus off the road, increasing the risk of collisions. These accidents often lead to personal injury claims, but distracted driving can complicate the legal process in several ways.

Establishing fault in distracted driving cases

Proving that a driver’s distraction caused an accident is critical for a successful personal injury claim. Evidence such as cellphone records, dashcam footage, or witness testimony can demonstrate that the at-fault driver was not paying attention. Without clear evidence, it becomes more challenging to establish liability. Legal professionals often work with investigators to uncover the details surrounding the crash.

The role of contributory negligence

Virginia law enforces the doctrine of contributory negligence for motor vehicle accidents. This strict rule denies compensation to an injured party who contributed in any way to the accident. For example, if one driver became distracted while another failed to signal a turn, the injured party loses eligibility for compensation. Individuals pursuing personal injury claims in Virginia must understand contributory negligence, as even minor faults can significantly affect case outcomes.

Insurance challenges with distracted driving claims

Insurance companies may scrutinize distracted driving cases more closely than other types of accidents. They often seek evidence that could minimize payouts, such as proving the injured party contributed to the accident. Comprehensive documentation, including photos, medical records, and police reports, can help counter these tactics and support the injured person’s claim.

Awareness of the dangers of distracted driving can reduce accidents and personal injury claims. Drivers should prioritize safety by avoiding distractions like texting and using hands-free devices.

FindLaw Network
Super Lawyers 2018
BBB Accredited Business | A+ rating
Virginia Trial Lawyers Association
VBA | The Virginia Bar Association
Twin County Chamber of Commerce | Together We Prosper

Contact Our Office For A No-Risk Consultation