Any activity that takes your eyes off the road while you are driving — even for a second — increases your risk of being in an accident. Texting while driving is one of the riskiest and most dangerous types of distracted driving. In fact, it increases your crash risk by 2300%, says the Virginia Drive Smart campaign.
It is no surprise the Virginia Department of Motor Vehicles reports that texting while driving is one of the leading causes of driving crashes in Virginia. And it is only getting worse. A recent highway safety survey found Virginia drivers were 57% more likely to text while driving in 2018 than they were in 2014.
Not only is it dangerous and costly, but it is also against the law. Since January 1, 2021, it is now illegal for Virginia drivers to operate a motor vehicle while holding a cellphone or mobile device. Drivers who text while driving pose a significant risk to themselves, their passengers, and anyone else who is forced to share the road with them.
If you or a loved one has been injured by a texting driver, keep reading to learn more about how Barney Injury Law’s top-rated Virginia Beach car accident lawyer can help you get compensated for your texting while driving accident.
Is it possible to prove that a driver was texting before a crash?
Yes, you could potentially prove that a driver was texting before a crash — but it is not always easy. In many states, including Virginia, police accident reports do not routinely record the real reasons drivers crash — and this is especially true for accidents caused by texting drivers. But this does not mean it cannot be proven.
How to prove that the other driver was texting
You have a legal right to request evidence that will prove a driver who injured you was texting. Some evidence may be a matter of public record, while other evidence may only be found through a formal legal process called discovery.
Here are four additional types of evidence that may help you prove someone was texting while driving:
- Mobile phone records
- Video footage
- The other driver’s statements (especially if they admit to texting while behind the wheel)
Because it can be challenging to secure the evidence necessary to prove that the other driver was texting, it is vital to hire a skilled injury attorney. Your lawyer will know what types of evidence to look for, and will work quickly to obtain it before it is deleted or altered.
Compensation for a texting-while-driving accident
Proving that the driver who injured you was texting is the first step to getting compensated. You must also prove that the injuries you suffered were the direct result of the driving-while-texting behavior.
Once you do that, then the driver is legally responsible for compensating you for your damages, which may include your:
- Medical expenses
- Lost income
- Out-of-pocket expenses; and
- Pain and suffering.
Because texting while driving is negligent behavior, you have the right to hold the texting motorist accountable for the harm they’ve caused you and the financial losses you’ve incurred.
Contact a Virginia Beach Car Accident Lawyer Now
The best way to prove that the other driver was texting is to work with an experienced Hampton Roads injury attorney like Scott R. Barney, Esq. and Barney Injury Law. We will be ready to aggressively pursue the full and fair compensation you’re owed. Our consultations are always 100% free and confidential, and we represent clients on a contingency fee basis.
Worried about how you’ll afford a lawyer? Don’t be. Working on contingency means that we won’t collect anything until we win money for you. This means that our interests are entirely aligned. If you don’t get paid, we won’t get paid.
Schedule your consultation with Attorney Scott R. Barney, Esq. today by calling (757) 965-7200 or by filling out an online contact form today. We’ll be ready to take immediate action to help you recover the compensation you’re owed. Don’t wait, reach out to us today for help.