West Virginia Attorney For Accidents Caused By Distracted Driving
Being hit by a distracted driver can change your life. Beyond the pain and medical treatment, you may face questions about how to cover your expenses and who will be held responsible. These accidents are especially frustrating because they are preventable. If another driver chose to look at their phone, eat or focus on something other than the road, you should not be left carrying the burden. An experienced attorney can help you build a strong case.
If you get injured in an accident caused by a distracted driver, it is time to call us at Peyton Law Firm, P.L.L.C. We have been practicing since 1994, and our extensive experience helps our attorneys navigate even the most complex cases. We are known for our track record of success, our high level of integrity and our dedication to fighting for our clients’ rights. Call for a consultation with a car accident lawyer if you have been hurt due to another driver’s negligence in West Virginia or Ohio.
Types Of Distracted Driving in West Virginia and Ohio
The Centers For Disease Control and Prevention define the three main categories of driver distraction as manual (physical) distractions, visual distractions and cognitive (mental) distractions. Within these three main categories, there are numerous specific examples that you can see every day on the roads in West Virginia. Common examples include:
- Texting and driving
- Using social media apps
- Taking pictures or videos
- Changing the radio station
- Streaming music through a phone
- Eating or drinking – even when it does not involve alcohol – behind the wheel
- Focusing on or updating a GPS or navigation device
- Reading a paper map
- Talking to passengers
- Dealing with children or pets
- Gawking at other accidents
- Reading street signs or billboards
- Watching movies or videos
- Daydreaming
- Talking on the phone
- Picking up items that fell on the floor of the car
- Adjusting the mirrors, the steering wheel or the seat belts
Ideally, drivers should do some of these necessary steps – such as setting up a GPS or adjusting the mirrors – before they leave the driveway. Many try to do them behind the wheel, though, leading to distraction, inattention and serious car crashes.
Distracted driving is very common, leading to at least 10% of all serious car accidents in West Virginia. It does differ with age group. For instance, the AAA Foundation for Traffic Safety notes that a full 58% of teen car accidents stem from distracted driving. Additionally, all distracted driving statistics are likely low, as they often rely on driver self-reporting – there is no test that can prove distraction in the same way that a breath test can prove impairment. However, with the help of an attorney, there are ways to uncover proof of inattention and show that a distracted driver caused the crash.
What Evidence Can Prove Driver Inattention?
Proving distracted driving is not always simple, but lawyers have tools and strategies to establish what really happened. By gathering different forms of evidence, an attorney can strengthen your case and push for full compensation.
- Phone records: Phone records can be subpoenaed to reveal if the driver was texting, calling or using the internet at the exact time of the crash. This type of evidence can clearly connect distraction to the accident.
- Witness testimony: People who saw the collision may confirm that the driver was glancing down, holding a phone or failing to look at the road. Their accounts can strongly support your claim.
- Physical evidence: Sometimes, the scene itself tells the story. A lack of skid marks, for example, may indicate that the driver never hit the brakes, suggesting they were not paying attention.
- Admission of fault: Drivers sometimes admit they were distracted, even apologizing at the scene. These statements can be used to build your case.
- Traffic camera or surveillance footage: Video from nearby traffic cameras, businesses or doorbell systems can capture a driver using their phone or failing to react.
- Police reports: Officers may include observations about distraction in their accident reports, noting behaviors such as a driver holding a device or failing to notice traffic signals.
- Vehicle data recorders: Many cars have black box systems that record speed, braking and steering input. A lack of sudden braking or steering before impact may indicate distraction.
- Social media activity: In some cases, posts, photos or messages made at the time of the crash can show the driver was focused on something other than driving.
With the right attorney, this evidence can be pieced together to hold the negligent driver accountable and secure the resources you need to heal and move forward.
Seeking Financial Compensation
To set up your consultation with our experienced team so that you can seek proper financial compensation, just use the online contact form or call 304-755-5556 today. Our law firm regularly helps clients who were involved in serious accidents in Charleston, Huntington or anywhere along the I-64 corridor and throughout West Virginia.