Helping the Victims of Distracted Drivers Recover Compensation for their Losses
Distracted driving is a serious problem in Virginia and throughout the rest of the country. While distracted drivers have been getting behind the wheel since the days of the Model-T, smartphones and other personal devices seem to have made the problem significantly worse. In fact, according to the Centers for Disease Control and Prevention (CDC), about 1,000 people suffer injuries every day in crashes involving a distracted driver. Fortunately for victims, in many cases, they will be able to recover compensation for their accident-related losses by filing a personal injury claim.
The attorneys of Emroch & Kilduff dedicate ourselves to helping people injured by the negligence of others recover compensation. We will review the facts of your case for free and let you know whether we think that you have a claim. Furthermore, if you choose us to represent you, we will never collect legal fees from you unless we recover a settlement or award on your behalf. To schedule your free case evaluation with a Virginia injury lawyer, call our office today at 804-358-1568 or send us an email through our online contact form.
Distracted Driving Can Take Many Forms
Every driver in the United States should well know the dangers of distracted driving. Virginia has a texting ban for all drivers and prohibits all cell phone use for drivers younger than 18. However, Virginia does not outlaw all handheld cell phone use for adult drivers, and making phone calls or using GPS on a smartphone are still completely legal activities. These are also highly distracting activities that commonly lead a driver to crash.
Most people do not even realize the wide range of activities that cause dangerous driving distractions. These can include:
- Texting, emailing, or any text-based messaging
- Browsing or posting on social media
- Taking photos or selfies
- Changing music or radio stations
- Talking on a cell phone
- Using hands-free technology
- Checking a smartwatch
- Looking up directions
- Reading anything on a device or paper
- Paying attention to children in the back of the car
- Reaching for anything not in the immediate vicinity of the driver
- Eating or drinking, especially hot beverages or messy food
- Grooming, putting on makeup, or even just looking in the mirror
In short, anytime you do not have your hands on the wheel, your eyes on the road, or your full focus on the act of driving, you engage in distracted driving. We all know it is all too easy to get momentarily distracted behind the wheel. However, if an accident occurs in that moment, the distracted driver should be accountable for any injuries and losses they cause. These cases can get complicated, so you want to ensure you take steps to protect your interests if you suffer injuries due to a distracted driver.
Protecting Your Rights after an Accident Caused by a Distracted Driver
While distracted drivers are almost always liable for the injuries they cause, it is still important to take steps to protect your rights after a collision. Here are some of the things that you should do as soon as you can after involvement in a distracted driving accident:
- If you are physically able, take pictures of the scene of the accident and obtain contact information from anyone who saw the accident take place
- Undergo a comprehensive physical examination conducted by a doctor. Do this even if the emergency medical personnel who responded to the scene of the accident cleared you to go home. Without an official medical record, it can be difficult to establish damages to the insurance company. In addition, if you are injured, you should have those injuries identified so you can start treatment right away.
- Take notes about how your injuries are affecting you. Remember, no issues are too small to make note of. For example, if it hurts to bend over to pick your clothes up off the floor, write that down. Other examples of issues you should note include problems sleeping, headaches, any other pain, feelings of depression or anxiety, and events that you had to miss because of your injuries.
While it can be important to take steps on your own when possible after a crash, one of the most important things you can do is consult with a highly experienced Virginia distracted driving accident attorney as soon as you can.
At Emroch & Kilduff, our lawyers specialize in standing up for the rights of accident victims. While an insurance claim may seem like a simple matter at first, many people who come to us experience delays, denials, and other challenges during the claim process. Even though it should be clear that the distracted driver’s insurer should cover your losses, there can be many roadblocks when seeking compensation on your own. In fact, too many unrepresented accident victims end up with far less compensation than they deserve and then must cover the rest of their losses out of their own pockets.
Our attorneys strive to ensure you pay nothing out of pocket for injuries that were not your fault - not for medical care or even for our legal services. We strive to convince insurance companies to cover:
- Medical bills for past and future expected treatment
- Lost income and lost future earnings
- Pain and suffering
In addition, you never pay our law firm anything unless we successfully recover compensation for you. In this situation, anyone can afford skilled legal representation following a distracted driving accident. You should never hesitate to call for your free case evaluation today.
Call Our Office Today to Speak with a Distracted Driving Lawyer in Virginia
If a distracted driver caused an accident in which you sustained injuries, you should speak to an experienced lawyer as soon as you can. In most cases, the law entitles victims of distracted drivers to compensation for their accident-related losses, including their medical expenses, lost income, physical and emotional pain and suffering, and property damage.