Distractions—such as cell phone use, interacting with passengers, or adjusting vehicle controls—are some of the most common causes of auto crashes on today’s roads. If you have been hurt in a car accident, you may be worried about where to turn. In the moments following an accident, it can be unsettling to think about what comes next and whether you should talk with a lawyer.
Healing from a car accident is already a challenge. Navigating the claims process can add more stress. Speaking with a abogado de accidentes automovilísticos after a collision involving injuries often helps you feel more at ease, especially when another driver’s distraction might be the cause.
The Allen Law Firm handles many parts of the claim process so that you can focus on moving forward. Our attorneys know the many ways that distracted driving happens and how Virginia law applies to auto accidents. Having the right attorney in your corner can make a difference. If you’ve been injured in any kind of vehicle crash, read on to learn more about your options.
Eyes on the road
Conducción distraida occurs whenever a driver’s attention drifts away from the primary task of operating a vehicle. Though it might seem straightforward to stay focused on the road, the reality is that modern life offers countless temptations that can draw a driver’s eye, hand, or mind in another direction.
Some distractions are relatively brief—like glancing at a billboard—while others last much longer—like typing a text message. Even a momentary lapse can lead to a crash, especially in busy traffic or during changing weather conditions. Many accidents in Virginia and across the nation are linked to some form of driver inattention, making distracted driving a substantial concern for injured victims and their families.
Common types of distractions while driving
While distractions come in many forms, experts typically classify them into three main categories: visual distractions, manual distractions, and cognitive distractions. Below, we’ll define each category before exploring specific behaviors that can put drivers, passengers, and others on the road at risk.
- Visual distractions: Anything that pulls your eyes away from the road.
- Manual distractions: Anything that takes one or both hands off the wheel.
- Cognitive distractions: Anything that occupies your mind and prevents you from focusing on driving.
Within these categories, numerous everyday activities seem harmless yet can lead to collisions. By understanding these behaviors, you can gain insight into whether the other driver who caused your accident might have been distracted and how that may affect your claim.
Electronic device use
Cell phones, GPS systems, and other electronics rank among the most common culprits for causing distracted driving accidents. There are several ways device use can factor into a crash:
- Texting: Typing or reading text messages involves visual, manual, and cognitive distractions.
- Talking on the phone: Even hands-free phone calls can shift a driver’s mental focus away from the road.
- Browsing apps or the internet: Checking social media notifications or searching for directions may take your eyes and mental focus off driving.
In Virginia, it’s illegal for drivers to hold cell phones while operating a motor vehicle. Even so, many people continue to scroll, text, and talk while behind the wheel. If the driver who hit you was sending or reading texts, that behavior may be relevant to your injury claim, especially if law enforcement collected any evidence at the scene.
Talking to passengers or children
Engaging in conversation while driving might seem normal. But when that conversation turns stressful or requires a lot of mental focus, the driver may not notice traffic signals, pedestrians, or unexpected hazards in the road. Drivers often have trouble when children in the back seat are shouting, crying, or arguing since it can be tempting to turn around and intervene. While it’s natural to speak with passengers, it’s beneficial for drivers to maintain situational awareness.
Comiendo y bebiendo
Many of us eat on the go during a busy day. Whether sipping coffee or biting into a sandwich, these activities can briefly take a driver’s eyes off the road and one or both hands off the wheel. Spills and messy foods can further divide attention.
Though it may be common to see drivers handling fast food on the road, that doesn’t make it safe. It only takes a split second of inattention to cause a collision. If you recall observing food or drink in the other driver’s hand at the time of the accident, make sure to mention it to your attorney, as it may be a relevant factor in your case.
Adjusting vehicle controls and entertainment systems
Radio dials, climate controls, seat adjustments—modern cars have plenty of knobs, buttons, and screens that can become a hazard if a driver decides to fiddle with them for too long. In newer vehicles equipped with touchscreens, selecting the right setting can demand the same amount of visual and manual attention as reading a text message.
Distractions can arise when adjusting the temperature, searching for a music playlist, or setting GPS destinations. A seemingly quick glance down can result in rear-end collisions or swerving across lanes.
Grooming and personal care
Some drivers treat their car as an extension of their bathroom mirror. They fix their hair, apply makeup, or even shave while they’re supposed to be watching the road. These actions can involve looking into a visor mirror or rummaging for items in a purse or glovebox, which means less attention left for traffic. Though everyone wants to look their best, multitasking behind the wheel can pose serious risks.
Rubbernecking and outside distractions
Rubbernecking involves slowing down to look at something outside—often another accident or event on the side of the road. It can also happen when a driver becomes overly interested in roadside activities, such as a parade or a roadside vendor.
This type of distraction is prevalent in heavy traffic areas, particularly on highways where accidents can draw attention. Though curiosity is understandable, focusing on outside events can lead to collisions.
Daydreaming or lost in thought
Cognitive distractions are not always linked to external factors. Sometimes, a driver’s own thoughts or worries can steal attention away from the road. Perhaps they are replaying a stressful argument or thinking about a busy workday. These “mental drifting” moments can result in a driver missing a red light or failing to notice a stopped car ahead.
Anxiety, stress, and emotional distractions
Strong emotions—fear, anger, sadness—can consume a driver’s mental bandwidth. An upset driver might speed, slam the brakes, or swerve more easily, increasing the risk of a collision.
In Virginia, law enforcement may note “driver inattention” on an accident report if an emotional distraction contributed to the crash. Sharing your perspective on the other driver’s behavior immediately before the collision can prove helpful when reconstructing what led to your injuries.
Roadside advertising
Modern roads are filled with eye-catching advertisements, from large digital billboards to flashy roadside signs. Though these marketing tactics aim to attract attention, they can inadvertently trigger split-second lapses when drivers glance away from the road to read or process them.
If the driver who hit you was found staring at a billboard or swerving while looking at an electronic sign, that detail can make a difference in how liability is assessed. Even brief moments of inattention can cause serious injury.
The human brain handles tasks best when it focuses on one thing at a time. Some drivers believe they can multitask—text, eat, groom, and drive—without sacrificing safety. However, research shows that divided attention reduces reaction time and impairs judgment.
How and where distracted driving collisions happen
Distracted driving accidents occur in a wide variety of settings. Some happen at high speeds on busy highways, while others take place at suburban intersections or in commercial parking lots. The root cause remains the same: a driver’s failure to pay attention.
Typical collision scenarios associated with distracted driving include:
- Rear-end collisions: A driver looking at a text fails to notice cars slowing down.
- T-bone collisions at intersections: A driver adjusting their GPS runs a red light and collides with a vehicle crossing the intersection.
- Sideswipe collisions: A driver drifts from their lane while rummaging for an item, striking another vehicle.
- Single-vehicle accidents: A driver loses control after swerving to avoid a hazard they only noticed at the last second.
No matter how your crash happened, it helps to work with an experienced car accident attorney who understands the ways in which distraction could have triggered or worsened the scenario. This awareness offers a clearer picture of why the at-fault driver may be liable under Virginia law.
Virginia laws and how they apply
Although these guidelines are broad enough to apply throughout the United States, certain rules and processes in Virginia can shape how a distracted driving case is handled. For instance:
- Handheld cell phone use: Virginia law restricts handheld cell phone use while operating a motor vehicle. Drivers face potential fines, and being on a phone during a crash can provide clear evidence of distraction.
- Reporting accidents: In Virginia, crashes that cause injury or significant vehicle damage must be reported to law enforcement. An official accident report often indicates whether inattention was involved.
- Insurance requirements: Virginia drivers are required to carry auto insurance. Even so, some opt to pay an Uninsured Motor Vehicle (UMV) fee or hold inadequate coverage. This can affect how an injured person’s claim is resolved.
- Fault-based system: In Virginia, the at-fault driver (or their insurance) is generally financially responsible for resulting injuries or damages. Showing that a driver was distracted bolsters an argument that they are responsible for costs such as medical bills, lost wages, and more.
Though these points don’t cover every detail of Virginia’s laws, they illustrate how a claim might unfold when another driver’s distraction contributed to your injuries.
The statute of limitations and timely action
In Virginia, personal injury claims must typically be filed within a certain timeframe, known as the Estatuto de limitaciones. Once that window closes, you may lose the ability to recover compensation. This makes it valuable to seek legal guidance sooner rather than later.
The statute of limitations for car accident injury claims is generally two years from the date of the collision. Prompt action gives your lawyer time to investigate and build a strong case.
How a lawyer can help after a distracted driving crash
When you have been in a collision, it’s often hard to know what steps to take first, especially when you’re dealing with pain, car repairs, and stress from missed work. Consulting a personal injury lawyer can be a good idea, as they can help by:
- Investigating the crash: Lawyers know how to gather evidence, such as phone records, witness statements, and police reports, to determine if the at-fault driver was distracted.
- Communicating with insurance: Dealing with insurance companies can feel intimidating. A lawyer handles phone calls, paperwork, and negotiations, lifting that burden off your shoulders.
- Assessing damages: Injuries can bring medical bills, therapy costs, lost wages, and emotional consequences. A lawyer can gauge the full range of losses you may seek compensation for.
- Knowledge of Virginia law: Many people are unfamiliar with the legal system’s procedures and deadlines. An attorney understands how to file a lawsuit if negotiations stall and can represent your interests at trial if necessary.
Having someone in your corner can make the process more manageable, letting you focus on healing while they oversee the legal details.
Medical expenses, recovery, and settlement discussions
A significant aspect of any car accident claim involves compensation for medical expenses. Recovering from a crash can require:
- Visitas a la sala de emergencias
- Estancias hospitalarias
- Cirugía
- Physical therapy or rehabilitation
- Chiropractic care
- Medication
- Ongoing doctor appointments
These treatments can add up quickly. If you are unable to work for a time, lost wages become another factor. Additionally, the pain and suffering associated with your injuries may be relevant when negotiating a settlement or seeking a court award.
Settlement discussions often revolve around whether the at-fault driver’s insurance company recognizes the scope of your physical and financial losses. Evidence of distracted driving can make it more challenging for them to deny liability, potentially leading to a fair settlement. However, each situation is unique, and results vary.
Additional damages you might recover
Beyond immediate medical bills and lost wages, certain crashes bring other costs that may warrant compensation:
- Pain and suffering: Serious collisions can lead to chronic pain, post-traumatic stress disorder (PTSD), anxiety, or depression. These are non-economic damages that may be part of your claim.
- Scarring and disfigurement: Some injuries cause permanent marks or changes to a person’s physical appearance. These changes can affect a person’s self-image and quality of life.
- Future medical care: If your injuries require ongoing therapy, surgeries, or assistive devices, this factor might be accounted for in a settlement or verdict.
- Property damage: This can include repairs or the total loss of your vehicle, as well as damage to items inside the car.
- Loss of consortium: In certain circumstances, spouses of injured individuals may bring separate claims related to lost companionship.
When you meet with an attorney, discussing the full scope of how the accident has impacted your life can lead to a more accurate valuation of your claim.
Taking the next step: contact Allen & Allen
You may feel overwhelmed after a car accident, especially if the crash occurred because another driver allowed a distraction to pull their attention from the road. Maybe you feel unsure about facing the insurance company alone. You could be in pain, dealing with medical appointments, or missing time at work. In these moments, seeking legal counsel can give you a sense of direction.
At Allen & Allen, we encourage you to reach out for a conversation about your case. You can ask questions, learn about the legal process, and find out what your options are moving forward. We don’t expect you to do the research alone. Our attorneys stand ready to take on the responsibilities involved in building your case.
If you or someone you love has suffered injuries in a crash linked to distracted driving, contact us today for a consultation. We’ll listen to your story, assess the details, and provide guidance on how you can move forward. We look forward to standing by your side and helping you seek the justice you deserve.
Call our Richmond office at 866-388-1307 o Contáctenos online to schedule a free consultation.