What most people don’t realize is that proving distracted driving isn’t as simple as saying ‘the other driver was texting.’ Virginia law requires solid evidence that distraction directly caused the crash, and insurance companies aggressively fight these claims, arguing that injuries could have happened in other ways.
At Tronfeld West & Durrett, we gather records, secure traffic camera footage, and work with accident reconstruction specialists who can show second-by-second how distraction led to your injuries.
How Tronfeld, West & Durrett Can Help After a Distracted Driving Accident in Newport News
At Tronfeld West & Durrett, our Newport News car accident lawyers have recovered millions of dollars for car accident clients across Virginia—including victims hit by distracted drivers. Our success comes from knowing that it takes far more than proving a crash occurred. In these cases, we must show exactly how distraction caused the collision—and why the other driver alone is at fault.
Here’s how we build powerful distracted driving claims:
- Proven personal injury experience: Tronfeld West & Durrett has represented injured clients across Virginia for over 50 years with a strong record of case results.
- Skilled in distracted driving cases: We know how to build claims around phone use, inattention, and other forms of driver distraction.
- Custom legal strategy: Every claim is different, so we tailor our approach to match the specifics of your injuries and accident.
- Trusted Newport News lawyers: You’ll work directly with an attorney who knows the local courts, insurers, and how to push your case forward.
Attorney Elizabeth West notes: “One of the biggest surprises for clients in distracted driving cases is that you often have more than one path to recover compensation, even if the at-fault driver’s insurance tries to deny your claim. For example, if the other driver was working at the time of the crash, their employer might be legally responsible under Virginia’s respondeat superior law.
We’ve handled cases where a distracted delivery driver caused a wreck, and instead of battling an individual’s low insurance limits, we pursued the employer’s commercial policy for a larger recovery. The key is investigating every angle early, so you don’t leave money on the table.”
For answers to your questions about a distracted driving in Newport News, call:
800-321-6741
What Counts as Distracted Driving in Virginia?
Distracted driving refers to any activity that diverts a driver’s attention away from the road, and it’s a leading cause of traffic collisions in Virginia. Distractions typically fall into three categories:
- Manual distractions: Removing hands from the wheel to do something else, such as eating, adjusting controls, or reaching for objects.
- Visual distractions: Taking your eyes off the road to check a phone, look at a GPS, or focus on roadside signs or passengers.
- Cognitive distractions: Mentally drifting away from the task of driving, whether from stress, fatigue, or deep conversations.
Texting while driving is particularly dangerous because it involves all three forms of distraction. It’s also illegal in Virginia.
Common Injuries in Newport News Distracted Driving Accidents
According to the Virginia Department of Motor Vehicles, there were 20,758 crashes involving distracted drivers in 2024 alone. These accidents can result in severe and sometimes permanent injuries, including:
- Whiplash and soft tissue injuries
- Traumatic brain injuries (TBIs) or concussions
- Back injuries and herniated discs
- Broken bones and joint injuries
- Internal injuries from blunt force trauma
- Psychological effects, including PTSD or anxiety
- Fatalities in extreme cases, leading to wrongful death claims
Even so-called ‘minor’ injuries like soft tissue strains can turn into chronic pain syndromes that interfere with work, sleep, and everyday life. And symptoms from head injuries often don’t appear until days or weeks later, which can give insurers ammunition to claim your injuries weren’t caused by the crash.
At Tronfeld West & Durrett, we look beyond just ER bills. We dig into how each injury affects your ability to work, care for yourself, and enjoy life, ensuring no part of your damages is overlooked.
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Virginia Laws About Distracted Driving You Should Know
Virginia law prohibits holding a phone while driving. As of 2021, this rule, defined in Virginia Code § 46.2-818.2, makes distracted driving a primary offense. Officers can pull you over even without any other violation.
The fines are $125 for a first offense and $250 for any repeat violations. Texting while driving remains strictly banned, and violating this law can be used as evidence of negligence in civil claims.
Also, Virginia’s contributory negligence law bars you from receiving compensation if you’re found even 1% at fault. Insurance companies may use this to deny valid claims, so it’s important to have an experienced attorney who can defend your position and prove the other party’s full responsibility.
Lastly, if you’re wondering how long after a car accident you can sue, Virginia law sets a two-year statute of limitations. Missing this deadline means you may permanently lose your right to seek compensation.
If you are unsure about the culpability of the other driver, a distracted driving accident lawyer at our firm is ready to help you understand your options during a free initial consultation. We invite you to schedule a time to discuss your case and evaluate your best path forward.
Complete a Free Case Evaluation form now
What Compensation Can You Recover?
Insurance companies often focus only on the bills you’ve already paid, but the biggest losses are often in the future. Whether it’s lifelong medical care, reduced earning power, or chronic pain, we fight to ensure your settlement reflects the full impact of the accident. Your claim will consider:
- Emergency room and hospitalization costs
- Surgery, physical therapy, and ongoing treatment
- Lost wages and loss of future earning ability
- Pain and suffering from physical and emotional trauma
- Property damage repair or replacement
- Wrongful death damages for surviving family members
- Punitive damages, in extreme negligence cases
Your recovery should account for everything this accident has taken from you, not just medical expenses but your quality of life, financial security, and peace of mind. That’s what we fight for at Tronfeld West & Durrett.
Contact Your Newport News Distracted Driving Accident Lawyers
Tronfeld West & Durrett’s attorneys work to preserve evidence, build your case thoroughly, and fight to ensure you aren’t unfairly denied the compensation you deserve. We’ve earned the trust of Virginians due to decades of dedication, results, and client-focused legal representation.
There are no legal fees unless we recover compensation for you. Contact us today to schedule your free case review with an experienced car accident attorney.
Call or text 800-321-6741 or complete a Free Case Evaluation form