Distracted driving is a growing epidemic on roads across the country, and West Virginia is no exception. When drivers take their attention off the road, whether by texting, talking on the phone, or using in-car technology, they put everyone else at risk. Victims of distracted driving car accidents may face extreme financial, psychological, physical, and emotional burdens as a result of another driver’s negligence. A car accident attorney in Charleston can assist in getting you the maximum damages settlement that you deserve.
Call us today at (304) 342-0512 to schedule a free consultation.
West Virginia Distracted Driving Laws
West Virginia has strict laws in place to curb distracted driving. Under West Virginia Code § 17C-14-15, texting while driving is a primary offense, meaning law enforcement officers can pull over drivers solely for texting. This law demonstrates the state’s commitment to keeping the roads safe and minimizing accidents caused by distracted driving.
Additionally, West Virginia follows a comparative fault system under West Virginia Code § 55-7-13a, which means that even if you share some degree of responsibility for a car accident, you may still be entitled to compensation. For instance, if the other driver was texting and driving and you were slightly speeding, you may still recover damages, although your compensation would be reduced by your percentage of fault.
Common Causes of Distracted Driving Accidents
Distracted driving can take many forms, but it all comes down to the driver’s failure to focus on the road. The leading causes of personal injury resulting from distracted driving accidents include:
- Eating or drinking – While not often thought of as a major cause, eating or drinking while driving can cause drivers to take their hands off the wheel, increasing the risk of an accident.
- Looking at something outside the vehicle – Rubbernecking or looking at something outside the vehicle can divert a driver’s attention from the road, increasing the likelihood of a crash.
- Texting and driving – Texting takes a driver’s attention away from the road for an average of five seconds. At 55 mph, that is equivalent to driving the length of a football field without looking at the road.
- Talking on the phone – Whether using a hands-free device or holding the phone, talking on the phone takes the driver’s focus away from their primary responsibility, which should be driving safely.
- Using in-car technology – Adjusting the GPS or playing with the radio are other common distractions, especially in vehicles with complex infotainment systems that require a driver’s attention.
Damages You Can Recover in Distracted Driving Accident Cases
If you or a loved one has been injured in a distracted driving collision, a Charleston truck accident lawyer can help you recover several types of damages, including:
- Compensation for pain and suffering
- Diminished quality of life due to permanent injuries
- Emotional distress
- Emotional trauma associated with the incident
- Lost wages due to the inability to work
- Loss of enjoyment of life
- Medical expenses for immediate care, rehabilitation, and future treatments
- Permanent disability or disfigurement
- Property damage to the victim’s vehicle or personal property
How Distracted Driving Impacts West Virginia Roads
Distracted driving accidents are becoming more common each year. In fact, according to the National Highway Traffic Safety Administration (NHTSA), over 3,300 people were killed in crashes involving distracted drivers in 2022 alone, and more than 289,000 were injured. These troubling statistics highlight the severe and often life-changing consequences of distracted driving.
In West Virginia, approximately 8% of all traffic accidents between 2011 through 2020 involved some form of distracted driving according to the West Virginia Governor’s Highway Safety Program (GHSP). This includes accidents caused by texting, using a phone, or other distractions, which continue to rise year after year. The truth is, that distracted driving is a preventable issue, and with greater awareness and enforcement of laws, we may be able to reduce the number of accidents caused by driver negligence.
Do not hesitate to contact us online or call (304) 342-0512 for a no-obligation consultation today.