One of the leading causes of car accidents in Norfolk, Virginia, and the greater United States happens to be distracted driving. According to studies carried out by the National Highway Traffic Administration, distracted drivers cause over 3,000 deaths and 391,000 injuries every year. That’s more than 1000 injuries caused by drivers who do not pay attention to the road, every minute of the day.
When you’ve sustained personal injuries and damages due to the negligence of a distracted driver. You have every right to file a claim for getting compensation for your losses. A VACAIL distracted driving accident attorney can help fight your case and hold the at-fault party accountable while also working with the insurance company to get you compensation for your physical, mental, and financial losses.
What is Distracted Driving?
When a driver is not paying their full attention to the road because they are occupied with another activity like eating, talking with someone on the phone, or texting. A distracted driver has slower reaction times, which can result in losing control of the steering wheel, crossing over on the wrong side of the road, and ultimately ending up hurting others and their own self in a car accident.
The most alarming cause of distracted driving is texting. According to research conducted by the National Safety Council, over 480,000 drivers on the roadways in the USA text while driving. That’s an alarming number of drivers and an alarming potential for accidents due to texting.
As of 2020, Virginia Law prohibits drivers to text while driving. As much as holding a mobile phone while driving a motor vehicle can get you outlawed in the state.
Here are some more activities that are considered to be responsible for distracted driving:
- Using GPS devices and maps while driving
- Adjusting the climate controls and entertainment systems in the car
- Rowdy passengers including disruptive children or pets
- Checking the phone or your smartwatch
- Reaching for an item or your purse in the back or passenger seat etc
- Looking in a mirror, putting on makeup, or just doing your hair.
- Rubbernecking at roadside events or accidents
Any activity that takes the driver’s eyes and attention away from the road is considered a “distraction” and can be the grounds for a personal injury lawsuit in the state of Virginia.
Injuries Caused By Distracted Driving
There is no doubt in the premise that most of the time a driver is distracted on the road, they will end up causing an accident and harm to other drivers and passengers. Distracted drivers are proven to have slower reaction times than drunk drivers and drivers that are under the influence of a substance like Marijuana.
An accident caused by a distracted driver’s negligence can lead to serious accident injuries for the victim. These can include;
- Brain Injuries
- Traumatic Brain Injuries
- Broken bones
- Spinal Cord Injuries
- Neck Injuries
- Abdomen Injuries
These injuries can affect the victim’s life for years to come and sometimes end in the wrongful death of the victim. These injuries result in physical, mental, and financial pain and loss. If you or a loved one have suffered due to a distracted driver in Norfolk. You can get help from an experienced personal injury lawyer, here at VACAIL.
What Should You Do After a Distracted Driving Accident?
It can be difficult to prove that the accident occurred due to the at-fault driver being distracted. In some cases, other motorists or passengers see the driver being involved in an activity that resulted in them being distracted. In other cases, the law firm will go to great lengths during their investigation and discover the horrible cause of the accident to be a distraction.
In any case, if you or someone you love, suspect that you’ve been in a distracted driving accident, you can do the following things to make a robust claim:
- Use your cellphone to take photos of the accident scene and any personal injuries and damages
- Gather contact information from anyone on the scene that may have been a witness to the accident
- Get medical assistance for any kind of personal injury even if you were cleared on the scene of the accident
- Take detailed and daily notes of any issues in sleeping, mental health disturbances, or aches and pains after the accident
- Contact an experienced attorney as soon as possible so your rights are protected during the recovery period
Insurance companies make claims seem very simple and straightforward at first, but many victims find that contacting an experienced personal injury lawyer should have been their first step after they go through denials and delays in the process. So many deserving victims receive far less compensation for their losses due to poor legal representation and an inexperienced legal team fighting for their claim.
How to Deal with Insurance Adjusters After the Car Accident?
Always remember that it’s a bad idea to talk to the faulty driver’s insurance company on your own. After all, an insurance company is a business and they will try to do what benefits them most in this situation.
They are generally looking to pay the lowest amounts in claims in such situations and if you talk to them directly, you may end up saying something that they can use against your claim and reduce your compensation.
The best thing for you is to redirect them to your auto accident attorney who will take care of the rest. Our strong advice as experienced personal injury lawyers is that you never speak to insurance adjusters on your own. They are trained to elicit information from you that can destroy your case.
Keep in Mind – Virginia Statute of Limitations:
Timing is of the essence here. For most personal injury cases in Virginia, the statute of limitations is set at two years. This is basically a deadline for when you can file a claim after the accident has been reported. The deadline can vary for different kinds of accidents but it’s usually the same.
You may think that two years is a long time for you to be able to file your claim but we assure you, that’s far from the reality of things. It may take you months to recover from your injuries after an accident. Your accident lawyer will also need a good amount of time to investigate and build upon your claim. If your case involves serious and life-alerting injuries, it may take more time to investigate and negotiate with the insurance company.
The quicker you file your claim and engage an experienced car accident lawyer, the better your chances of getting good compensation for your losses.
Compensation for Distracted Driving Accident Victims:
If you’ve suffered through injuries and financial losses after being in a distracted driving car accident, none of the sufferings is your fault. You were going about your normal life before the accident.
A car accident can change the victim’s life and affect the quality of their routine, mental health, and personal relationships. Moreover, it can leave the victim with property damage and render them incapable of earning financially to support their family and personal expenses.
Getting compensation for the following areas is the victim’s right:
- Medical expenses and bills
- Lost wages and loss of earning in the future
- Property replacement and repair costs
- Mental health suffering, pain, and other inconveniences
If a loved one died during one such accident, the surviving members of the family can file a claim for
- Distress, pain, and suffering due to the death
- Funeral Costs
- Financial support
- Loss of companionship and guidance
Let VACAIL’s Expert Legal Team Help You:
We understand the pain a personal injury victim goes through. You have enough on your plate without having to worry about foul play and hefty legal fees. You shouldn’t have to face denials and delays from the insurance companies at a time where all you should be doing is resting and recovering.
Our goal is to represent you in the best possible way and deal with the process throughout your recovery time and ensure you the peace of mind you need to recover from this horrible event. We work tirelessly to get you the compensation for your physical, mental, and financial losses sustained due to the negligence of a distracted driver.
Here is how we represent you and win your case:
- We conduct a free investigation to determine the worth of your claim and whether we are a good fit to fight on your behalf
- We shield you from the cunning insurance company tactics
- We prevent you from making mistakes that can cost you your case
- We negotiate with the insurance company on your behalf
- We immediately file a lawsuit if the insurance company denies a fair settlement
Our team of personal injury lawyers is top-rated in the state of Virginia with decades of experience in handling multiple cases of distracted driving accidents. You will be delighted to know that our law firm operates on a contingent fee basis. You only pay when you win.
We are known for our attorney-client relationship management and winning personal injury claims for decades across Virginia, and we’re waiting to fight your case on your behalf.
Contact us now.