Pedestrian Accident Virginia Beach
As April encroaches, it brings National Distracted Driving Awareness Month, the perfect time to underscore the many dangers of distracted driving in the Virginia Beach area. Unfortunately, this risky behavior has grown by leaps and bounds not just in the Commonwealth but nationwide as well. While drivers are fully aware that driving while distracted is quite dangerous, most continue to participate in activities that pull their focus away from the task at hand: the safe operation of a motor vehicle. One of the first rules drivers learn is to keep their hands on the wheel and their attention and eyes on their surroundings.
Regrettably, many drivers take this responsibility lightly when they get behind the wheel. In fact, a report published by the Centers for Disease Control and Prevention states that, every day in the United States, nine people are killed in car accidents caused by a distracted driver. Distracted driving accidents were responsible for over 3,100 fatalities and 424,000 injuries in 2019. Roughly 20% of those killed in these collisions were bicyclists, pedestrians, joggers, and people simply standing near their vehicles.
The Virginia Beach pedestrian accident lawyers at Shapiro, Washburn & Sharp have witnessed first-hand the damage caused by distracted drivers and have been fighting for victims to receive maximum financial compensation for their damages since 1985. Call us today to schedule a free consultation.
How Often Do Distracted Driving Accidents Occur in Virginia?
Here are some relevant statistics that highlight the severity of distracted driving accidents in Virginia:
- Fatalities and injuries: Virginia distracted drivers caused 163,032 accidents, resulting in 951 deaths and 94,196 injuries
- Intersections: People are more likely to be struck by a distracted driver in intersections than anyplace else. More than 78% (127,434) of all distracted driving accidents and nearly 75% (713) of all fatalities took place at intersections
- Disproportionate pedestrian deaths: Accidents involving pedestrians comprised about 10% (94) of all fatal distracted driving collisions while making up just 1% (1,675) of total motor vehicle accidents
- Urban vs. Rural: Although 77% of accidents took place in metropolitan locales, 52% (501) of deaths took place in rural areas
- Distracted drivers aren’t just teenagers: Just 21% (34,679) of all distracted driving collisions were attributed to drivers between the ages of 15 and 20
- Drinking and driving while distracted: More than 24% (231) of fatal distracted driving crashes also involved the consumption of alcohol
Are There Different Types of Distracted Driving?
Most drivers are prone to distractions. Catching something out of the corner of their eye, a strange noise, a garrulous friend, and even a nagging spouse can all pull one’s focus away from safe driving. According to safety experts, all forms of distracted driving fall into one or more of three categories:
- Visual: Any distraction that takes your eyes off of the road
- Manual: Any distraction that takes your hands off the wheel
- Cognitive: Any distraction that takes your mind off of safe driving
Some of the most common driving distractions are:
- Using a cell phone
- Adjusting the stereo or SatNav
- Reaching for objects in the back seat or passenger floor
- Admiring the passing scenery
- Drinking and eating
- Personal grooming
- Talking to and assisting passengers, especially young children
Allowing yourself to be distracted in any capacity, no matter how seemingly minor, can produce devastating results.
What Are Virginia’s Distracted Driving Laws?
According to Virginia law, the use of handheld communications devices, such as cell phones, is against the law. Virginia drivers are not permitted to:
- Use a hand-held device
- Send or read text messages, emails, or other forms of communication
Drivers are also banned from accessing stored contacts or numbers on a handheld device and from reading the caller ID display.
The law does, however, make exceptions for:
- Emergency vehicle operators in the performance of their duties
- Drivers who are stopped or parked legally
- Drivers reporting emergencies
Violations are penalized as traffic offenses with fines of:
- First offense: $125
- Subsequent offenses: $250
- Work zone violations: $250
If property damage, injury, or death is caused by a distracted driver, the fines will be increased. These cases may also be subject to criminal misdemeanor or felony charges.
How Can I Prove Driver Distraction After a Virginia Car Accident?
If you can prove that the driver who struck you was distracted, it is significantly easier to demonstrate their liability for the accident and your injuries. Proof of driver distraction often includes:
- Driver phone records: These records will show whether or not the driver was using their phone when the accident occurred.
- Eyewitness testimonies: Bystanders and passengers in the at-fault driver’s car may admit to the driver being distracted before the collision.
- The driver’s admission: In the moments following an accident, the driver might make a comment like, “I’m sorry! I just looked at my phone for a second.” Statements like this are called excited utterances and are usually admissible in court.
Our Virginia Beach pedestrian accident lawyers can fully investigate your accident and find evidence that the driver who hit you was distracted in the moments leading up to the incident. Using this evidence, we will assertively pursue your personal injury case and recover the financial compensation to which you are entitled.
Shapiro, Washburn & Sharp
If a distracted driver was responsible for your pedestrian accident, the experienced Virginia Beach pedestrian accident lawyers at Shapiro, Washburn & Sharp are here to help. We have the skills and the resources necessary to properly investigate the accident, collect strong evidence of distracted driving, negotiate with the insurance carrier, and protect your best interests in court or during settlement negotiations.
In one recent case, our 100 years of combined legal experience allowed us to achieve a $100,000 settlement for a man who received severe injuries to his foot and leg when a distracted driver struck him inside of a crosswalk.
To discuss your potential injury claim with one of our experienced lawyers, schedule a free case review by calling us at (833) 997-1774 or via the contact form on our website. Our offices are in Virginia Beach, Portsmouth, Hampton, and Norfolk.
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