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Texting While Driving Accident Lawyer

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Cell phone use causes 1.6 million crashes annually. An estimated 1 in 4 car accidents are caused by cell phone use behind the wheel. In fact, motorists who are texting while driving are 23 times more likely to get into an accident than those who are focused on the road. Texters are even six times more likely to cause an accident than drunk drivers. If you saw the other driver using a cell phone in the moments just before your collision, or otherwise suspect that distracted driving might have contributed to your crash, we invite you to speak with a Virginia car accident attorney at Rutter Mills. We have the resources and knowhow to provide clear evidence that the other driver’s cell phone use played a part in your accident, and we’ll fight to make sure you receive maximum damages under the law.

Do You Have Questions About Your Accident?

A texting while driving accident attorney is here to answer any questions you may have about this common form of distracted driving. According to Virginia Code § 46.2-1078.1, a driver can be pulled over if police officers suspect him or her of reading or entering text while driving. A fine of $125 may be assessed for a first-time offense, and $250 for subsequent offenses. Drivers accused of both reckless driving and texting while driving are required to pay a minimum of $250, whether it was their first offense or not. Talking on a cell phone while driving is still legal in the commonwealth, though lawmakers have considered banning all use of handheld devices while operating a motor vehicle.

You Saw It – Now Find a Texting While Driving Accident Lawyer Who Can Prove It

It may have been obvious to you (and everyone else in your vehicle) that the motorist involved in your car accident was texting, but how can you prove it? If you’re lucky, the driver will confess to texting while driving under oath. Otherwise, the best a car insurance company can do is politely ask for the cell phone records of the driver. However, he or she could easily just say “no.”

On the other hand, a texting while driving accident lawyer has the power to get a court order to subpoena the documents, despite protests from the defendant. The dates and times on the cell phone record become invaluable evidence in bringing forth your claim for damages due to negligence.

Depending on where the accident occurred, traffic light cameras, police surveillance, dashboard cams, business surveillance, and ATM cameras can all be sources of footage to use in your case. If we’re extra fortunate, eyewitness accounts will verify your account of what happened as well.

Circumstantial evidence may also be used in court. For instance, we often see cases where there are no skid marks or indication of braking before a crash on a highway or busy road, where traffic was stopped – which is strong evidence of texting while driving. Accident reconstructionists can testify to that.  

Are You the Victim of Another Driver’s Recklessness?

By hiring an experienced texting while driving accident attorney, Virginia drivers ensure they have the resources necessary to prove their case and secure maximum compensation for your injuries. As the victim of another driver’s recklessness or negligence, you are entitled to seek compensation for all reasonable damages, including physical property damage, out-of-pocket medical expenses, lost time off work, physical therapy, mental anguish, and emotional distress.

Often, insurance companies stall or make a “one-time” initial settlement offer in hopes of wrapping up the ordeal at the lowest possible expense. The acceptance of such an offer will waive your right to pursue further compensation, should your medical costs escalate later. Before accepting the offer, contact a texting car accident lawyer at Rutter Mills for a free case review in Norfolk, Newport News, or Hampton Roads, VA.

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“Nothing makes you feel more vulnerable than being hurt or ill. And nobody likes to ask for help. But when you need it most, we’re at our best. We give our clients the confidence and support they need to know they’ll be taken care of – that they’ll get the best outcome possible, even in the face of a very bad situation.”

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What Our Clients Say

"After the car accident I didn't know where to turn. The insurance companies were no help and the bills were piling up. I called Rutter Mills and they were so nice and considerate on the phone. They helped me with my settlement and actually got me more money than expected." ★★★★★ -Brittany, Rutter Mills Client