Distracted driving is a major cause of accidents in Virginia and nationwide. Driver inattention can lead to devastating crashes that result in serious injury or death, whether due to cell phone use, eating, or simply not paying attention to the road.
If a distracted driver has injured you or a loved one, it’s important to understand your legal rights and options. As your Virginia car accident lawyer, I can help you navigate the legal process and fight for the compensation you deserve.
I’m Ed Atkinson, and I am here to provide legal advice and fight for a fair settlement for your injuries. Contact me today for a free consultation.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the road. These cognitive distractions can include:
- Visual distractions, such as texting or looking at a cell phone
- Manual distractions, like applying makeup, eating, or bending down to retrieve a dropped object.
According to the Virginia Department of Motor Vehicles, texting while driving, rubbernecking, talking to passengers, and adjusting the radio are among the leading causes of distracted driving accidents.
In short, anything that takes a driver’s hands off the wheel, their eyes off the road, or their mind off driving is considered distracted driving.
Atkinson Law Can Help
If someone else’s carelessness caused your accident, you need the help of an experienced personal injury attorney. I’ll give your case the personal attention it needs and pursue fair compensation on your behalf.
Unlike many “big-reputation” law firms, I’ll never treat your case like it’s on an assembly line, passing you off to a different person during each stage of your claim.
Instead, I will personally handle your case and remain in close communication with you, notifying you of any important developments. In addition, you can call me as often as you like for an update.
For a free legal consultation with a distracted driving accidents lawyer serving Virginia, call 757-648-8579
Injuries in a Virginia Distracted Driving Case
In a distracted driving case, the injuries can vary widely depending on the nature and severity of the accident. Unfortunately, auto accidents caused by distracted drivers can lead to significant physical, emotional, and financial burdens on victims and their families.
Some common injuries that can occur in a Virginia distracted driving case include:
- Whiplash: This neck injury is common in motor vehicle accidents, particularly rear-end collisions. Whiplash occurs when the head and neck are thrown forward and snapped back suddenly, causing strain on the neck and spine.
- Head injuries: Head trauma can cause anything from mild concussions to severe traumatic brain injuries (TBIs). These injuries can cause long-term damage to the victim’s cognitive abilities and quality of life.
- Broken bones: Breaks and fractures are common in car accidents, particularly high-speed crashes. Fractured bones can take a long time to heal and require extensive medical treatment.
- Spinal cord injuries: A spinal cord injury can result in partial or complete paralysis. These injuries can be devastating and necessitate ongoing medical care, rehabilitation, and assistance with daily living activities.
- Psychological effects: Distracted driving accidents can cause significant emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
If you have been injured in a Virginia automobile accident, it is essential to seek medical attention immediately. Remember: Symptoms can develop later, even if you do not feel pain or discomfort right away.
As an experienced personal injury lawyer in Virginia, I can help you find a doctor or physical therapist to treat you while you wait for your settlement. I know many healthcare providers who make special arrangements for my clients so they don’t have to pay upfront for treatment.
Virginia Distracted Driving Accident Lawyer Near Me 757-648-8579
Available Damages in a Virginia Car Accident Claim
If you’ve been injured in a Virginia car accident, several types of damages may be available to compensate you for your losses. These damages generally fall into two categories: economic and non-economic.
Economic damages refer to the financial losses you incurred due to the accident. These losses may include the following:
- Lost wages
- Property damage
- Medical expenses
- Other out-of-pocket expenses
Economic damages are easy to quantify in a car accident case based on actual financial losses.
Conversely, non-economic damages are more subjective and are intended to compensate for the emotional and psychological impact of the accident. These may include:
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
- Scarring and disfigurement
The compensatory damages available in your distracted driving accident case will depend on the circumstances of the crash and the extent of the injuries and losses you suffered.
I can evaluate the facts of your case and work to ensure that you receive fair compensation.
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Statute of Limitations for Filing a Personal Injury Claim in Virginia
If you have been injured in an accident caused by negligence, it is important to understand the time limit for filing a claim. According to the Code of Virginia § 8.01-243, the statute of limitations for filing a personal injury claim is two years from the accident date.
If you do not file a lawsuit within two years, you may lose your right to pursue compensation for your damages. However, it is important to note that this rule has exceptions, including:
- Minor victim: If the injury victim is a minor, the statute of limitations may be tolled until the minor turns 18.
- Government entities: If the party responsible for the injury is a government entity or employee, there may be different rules and deadlines for filing a claim. In some cases, a notice of claim must be filed within a shorter time frame, such as six months from the date of the incident.
- Mental incapacity: If the injury victim is mentally incapacitated, the statute of limitations may be tolled or delayed until they regain capacity.
It’s important to note that these exceptions are not exhaustive. Therefore, consulting with an experienced personal injury attorney is necessary to determine how the statute of limitations may apply in your situation.
Finally, personal injury cases take time to prepare and build. Evidence needs to be collected, medical records reviewed, and expert opinions sought. Call me today so I have as much time as possible to compile evidence and build a solid case on your behalf.
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Contact Atkinson Law for a Free, No-Risk Consultation
If you or someone you love has been involved in a car, truck, or motorcycle accident in Virginia, it’s important to seek qualified legal help immediately. I’ve been a licensed accident attorney since 2008 and have considerable experience in distracted driving cases.
Don’t let the other driver’s insurance company take advantage of you! I can help you through the claims process, negotiate for maximum compensation, and fight for you in court if necessary. I am here to help you reclaim your life and hold the at-fault driver responsible.
Contact Atkinson Law today to schedule your initial consultation.