PROVING THE OTHER DRIVER WAS DISTRACTED
Virginia takes distracted driving seriously. Since 2021, it has been illegal to hold a handheld communications device while driving on a Virginia highway (Va. Code § 46.2-818.2) — a driver who was texting or scrolling when they hit you was breaking the law, not just being careless. That can matter a great deal to your claim, because it helps establish that the other driver, not you, was at fault.
The challenge is proof. Distracted drivers rarely admit what they were doing, so the evidence has to be built. We move quickly to preserve it: phone and carrier records, vehicle data, traffic-camera and dash-cam footage, and witness accounts that place the driver’s attention where it shouldn’t have been. In a state as unforgiving as Virginia — where even a sliver of shared fault can bar your recovery — nailing down that proof early is often what makes or breaks a case.
SIDESWIPE ACCIDENTS: WHAT TO KNOW
How do you prove a driver was distracted?
Distraction rarely gets admitted, so we build it from evidence: phone and carrier records, the vehicle’s data, traffic-camera and dash-cam footage, and witness accounts. A citation for handheld use helps, but it isn’t required.
Is holding a phone illegal while driving in Virginia?
Yes. Since 2021 it’s illegal to hold a handheld communications device while driving on a Virginia highway (Va. Code § 46.2-818.2). A driver who was doing so was breaking the law — which can help establish fault.
Does the other driver need a ticket for me to have a claim?
No. A ticket or conviction can strengthen your case, but your civil claim stands on its own evidence of negligence. You don’t have to wait for the traffic side to resolve.
What if I was partly distracted too?
Virginia’s pure contributory negligence rule means even a small share of fault assigned to you can bar recovery. That’s why how fault is framed matters — and why it’s worth talking to a lawyer before giving any statement.
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CONTACT DECKER’S DISTRACTED DRIVING ATTORNEYS
The evidence that proves distraction — phone records, camera footage, vehicle data — doesn’t stay available forever. The sooner we start, the more of it we can preserve. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.