Distracted Driving Accidents in Virginia: What Injured Victims Should Know

Distracted driving continues to contribute to serious crashes on roadways throughout Hampton Roads. Every day on Interstate 64, Virginia Beach Boulevard, Military Highway, and throughout the region, drivers take their eyes off the road, their hands off the wheel, or their attention off the task of driving — sometimes with devastating consequences for everyone around them. Understanding how Virginia law treats distracted driving crashes, and what rights injured victims have, is an important first step toward recovery.

What Counts as Distracted Driving

Distraction behind the wheel falls into three categories: visual distraction, which takes a driver’s eyes off the road; manual distraction, which takes a driver’s hands off the wheel; and cognitive distraction, which takes a driver’s attention away from driving even when their eyes and hands are technically in place. Texting while driving is the most widely cited form of distracted driving because it involves all three simultaneously — a driver who reads or sends a text message is visually, manually, and cognitively absent from the task of operating a vehicle.

Other common forms of distracted driving include adjusting a GPS or infotainment system, eating or drinking, interacting with passengers, reaching for objects in the vehicle, and personal grooming. None of these requires a phone to be dangerous.

Virginia’s Handheld Device Law

Virginia Code § 46.2-818.2, known as the Handheld Personal Communications Device Law, prohibits drivers from holding a handheld personal communications device while driving. The law covers smartphones, tablets, and similar devices, and applies to any use of the device — not just texting. Hands-free use is permitted. A violation carries a civil penalty, and fines increase for repeat offenses. The law applies to all drivers on Virginia’s public roads.

When distracted driving contributes to a crash, evidence of a traffic violation may become relevant when determining how the collision occurred. A citation alone does not determine the outcome of an auto accident claim, but the circumstances surrounding the driver’s conduct may be considered along with other available evidence.

Proving Distraction in a Civil Case

Determining whether distraction contributed to a crash may require reviewing several types of evidence. Depending on the circumstances, phone records, witness statements, dashcam footage, surveillance video, photographs, and the police investigation may help establish what a driver was doing in the moments before the collision.

Because some evidence may become more difficult to obtain over time, preserving available information early can be important when distracted driving is suspected.

Virginia’s Contributory Negligence Standard

Virginia’s contributory negligence rule can significantly affect distracted driving accident claims. The specific facts surrounding how a collision occurred may play an important role in determining an injured person’s legal options under Virginia law. Evidence showing that another driver was distracted may be important when investigators and insurers evaluate how the crash occurred.

When a distracted driving crash results in a fatality, surviving family members may have legal options under Virginia’s wrongful death laws. The availability and scope of a wrongful death claim depend on the specific circumstances of the collision.

If you or a loved one was injured by a distracted driver anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has represented injured individuals and families throughout Hampton Roads.Contact us today to discuss your situation.

Map of the Hampton Roads region in Virginia, where Breit Law represents individuals and families affected by serious crashes.