Many drivers on the road take for granted just how much they need to pay attention to their task. Any number of distractions can take away the focus necessary to be safe while on the road, and even a momentary lapse of attention can lead to disastrous consequences. The Virginia Beach law firm of The Law Firm of Carlton F. Bennett, P.L.L.C., and our Virginia Beach distracted driving accident attorney are committed to helping people injured in car accidents caused by distracted drivers.
Many things can distract a driver, but one of the most common — and easily preventable — sources of inattention is the cellphone. When we work on your distracted driving accident case, our attorneys will thoroughly investigate the circumstances of the crash, including examining cellphone records of the distracted driver to show just how they were at fault at the time of the wreck.
While several states have increased penalties for drivers who use hand-held cellphones, this is not enough to put an end to the behavior. At any given time on a city street or interstate highway, it is not difficult to find drivers who are using their phones to send text messages, look at photos, or read websites while their car is in motion.
Some studies have shown that drivers who are texting behind the wheel have similar reaction times to drivers who have been drinking. After a distracted driving crash, responses such as “I didn’t see the car coming” or “It came out of nowhere” may indicate that a driver was looking down at a phone instead of paying attention to upcoming traffic and pedestrians.
Defendant was operating his motor vehicle in Virginia Beach. As he rounded a curve, he negligently drove off the roadway, corrected his vehicle and came back in the roadway, striking the oncoming vehicle being driven by Silver head-on. Defendant claimed the sun was in his eyes.
Silver suffered fractures to her wrist and ankle requiring surgical plates and screws. She had a large gash on her forehead with trap door defect with future revision surgery that will cost $5,000. Silver suffered a mild traumatic brain injury and underwent extensive speech and occupational therapy at Dr. O’Shanick’s Center for Neurorehabilitation. Silver was able to return to work and was promoted to office manager after the accident. Betty Overybey’s future life care plan was unrebutted by the defendant.
In Virginia, distracted driving leads to a tragically high number of preventable deaths each year. In 2021, over 8,900 people in Virginia were killed in accidents caused by distracted driving.
Distracted driving is most prevalent among people ages 21 through 30. In fact, there were 2,262 people in this age group killed because of distracted driving accidents in 2021 alone, which was significantly higher than any other age group. If you or someone you know was injured by a distracted driver, reach out to our Virginia Beach distracted driver accidents attorney as soon as possible.
Driving requires a significant amount of attention and focus. But as a Virginia driver, you know how many opportunities there are to get distracted while operating your vehicle. Let’s discuss some of the most common distractions that lead to accidents.
Manual distractions require a driver to take their hands off the steering wheel. They include activities such as eating, drinking, changing the radio, and reaching for something in the car. These types of distractions are particularly dangerous as they limit a driver’s ability to react to hazards on the road.
Cognitive distractions happen when a driver isn’t focused on operating their vehicle. They include drinking and driving, driving while under the influence of drugs, or daydreaming. Other examples of cognitive distraction include drowsy driving and driving while emotionally stressed.
Visual distractions are distractions that take the driver’s eyes off the road. Visual distractions include checking your GPS, looking at your satellite radio, reading or sending a text message, and looking at another passenger in the car. Despite texting and driving having been banned in 48 of the 50 states and Washington D.C, it still occurs all too often.
Texting and driving is one of the most common visual distractions. We all know how tempting it is to peek at your phone when you hear a text come through. The short time it takes to read a text could easily distract you long enough to cause an accident. And sending a text message takes your eyes off the road for an average of five seconds. In that time, you can travel the length of an entire football field. If you were in an accident caused by a driver who was texting and driving, distracted driver accident attorney in Virginia Beach can help.
Studies have shown that texting and driving is especially prevalent in teen drivers. One study showed that while 97% of teens admitted to knowing that texting and driving was dangerous, about 43% of these teens still engaged in the practice. If you are the parent of a teen driver, we recommend that you have a serious conversation with them about the dangers of texting and driving.
Plaintiff was traveling northbound on Route 1 approaching the intersection of Wonderview Drive in Chesterfield County, slowing to make a right turn onto Wonderview Drive when defendant driver struck the rear of her vehicle. Plaintiff has no recollection of the crash. Defendant driver claimed plaintiff stopped in the roadway for no reason and was contributorily negligent. There were no witnesses to the collision. Policy limits were $500,000. The case settled prior to filing suit. Plaintiff has made a full recovery and is back to work.
At The Law Firm of Carlton F. Bennett, P.L.L.C., our attorneys work on contingency. That means we collect no fees up front, and we do not collect a fee at all unless you are compensated in your case. Please contact our Virginia Beach distracted driver accident attorney for a complimentary consultation about your case and to learn about our services. Contact us today for help. You can also view some of our past case results.
