If you were injured in a distracted driving accident in Fairfax County, Virginia, the driver’s use of a mobile phone could be to blame. Texting while driving is a common cause of distracted driving accidents. The Virginia Hands-Free Law makes it illegal for a driver to use a phone while operating a motor vehicle. If the other vehicle’s driver was using a phone, you may be entitled to compensation in a personal injury lawsuit. 

Simeone & Miller, LLP is a personal injury law firm serving clients in Fairfax County, Virginia. We help accident victims recover fair compensation in cases like yours. If a distracted driver in Fairfax County hurt you, contact our office today to get started with a free consultation.

Distracted Driving in Virginia

Distracted driving means driving without paying full attention to the road. Common distractions that can cause an accident include:

  • Text messaging
  • Talking on the phone
  • Checking the GPS
  • Eating or drinking
  • Conversing with passengers
  • Adjusting the radio
  • Grooming
  • Reaching for something
  • Engaging with pets in the car

Driving while distracted can constitute negligence, which is a failure to take reasonable care to avoid an accident. If a distracted driver gets in an accident and injures someone else, the driver can be held liable for the injured person’s losses.

Virginia’s Hands-Free Law

According to Virginia’s Hands-Free Law, it is illegal to have any personal communication device in your hand while driving unless:

  • You’re driving an emergency vehicle
  • You are parked or stopped
  • You’re reporting an emergency
  • You’re using a citizen’s band radio
  • You’re driving a vehicle for the Department of Transportation

Violations of Virginia’s Hands-Free Law can result in a fine of $125 for a first offense or $250 for a second or subsequent offense. While these are not significant penalties, your lawyer can use a traffic infraction for violating the Hands-Free Law to prove that the other driver was negligent and should be held liable for your injuries.

What to Do After a Distracted Driving Accident

Here are the steps you should take after a distracted driving accident in Fairfax County, Virginia:

  • Call 911 to report the accident.
  • If possible, pull your car over to the side of the road, but don’t leave the accident scene.
  • Check whether anyone in the other vehicle needs help and exchange information with the other driver.
  • Note anything that may indicate distraction. For instance, does the other driver have a phone in their hand? Do they say anything about being distracted?
  • Don’t apologize or say anything to admit fault.
  • If there are any witnesses, get their names and contact information.
  • Use your phone to take videos or photos documenting your injuries, damage to your vehicle, road conditions, traffic signals, and road signs.
  • Tell the responding officer what happened.
  • Seek medical attention immediately.
  • Contact a Fairfax County distracted driving lawyer to discuss your legal options.

What a Distracted Driving Lawyer Can Do for You

When recovering from an injury, the last thing you want to do is gather evidence or deal with an insurance company. A distracted driving lawyer will have extensive experience investigating motor vehicle accidents and gathering evidence to prove distraction and establish liability. 

Your lawyer will also have experience in talking with insurance companies. This is especially important because insurance adjusters are skilled at asking leading questions. These questions may sound friendly, but their real purpose is to make it easier for the insurer to deny or minimize your claim. Insurance companies often offer a lowball settlement early on, hoping that you will accept this settlement and they can avoid paying the full value of your claim. A distracted driving lawyer will be familiar with the insurance company’s tactics and will know how to counter them.

Compensation You Can Receive in a Car Accident Claim

After a distracted driving accident in Virginia, you can pursue compensation for:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Other losses

Medical expenses include medical bills, medication, diagnostic testing, physical therapy, and nursing care. You can also pursue compensation if you suffered catastrophic injuries in the accident and need to make modifications to your home to accommodate your injuries.

Lost income includes any wages or commissions you lost due to time missed at work. It also includes bonuses or raises you would have gone for if not for your injuries, as well as any loss to your lifetime earning potential.

You can also receive compensation for losses such as pain and suffering, emotional distress, loss of companionship, and so on. 

Your attorney can estimate how much your claim is worth after investigating the accident and your injuries.

How Long Do You Have to File a Claim?

You should always contact a personal injury lawyer immediately after being injured in a distracted driving accident. In Virginia, the statute of limitations gives you two years to file a lawsuit for personal injury. If you wait longer than two years to file, the court will throw out your case. However, you must file a personal injury claim with the insurance carrier and attempt to negotiate a settlement before filing a lawsuit. Contacting a lawyer immediately after the accident will give them more time to investigate the case and negotiate fair compensation for you.

Contact a Distracted Driving Lawyer in Fairfax County, VA, Today

Hiring a distracted driving attorney is the best choice you can make after being injured in a distracted driving accident in Fairfax County, Virginia. Simeone & Miller, LLP is a personal injury law firm serving accident victims in Fairfax County and nearby areas. We have extensive experience with distracted driving accidents and will work hard to obtain maximum compensation for you. If you were hurt in a distracted driving accident in Fairfax County, Virginia, contact our office immediately to discuss your case and begin exploring your legal options.