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Distracted Driving Accident Attorney WV

Distracted Driving Accident

distracted driver texting
The federal government website,, defines distracted driving as being “any activity that could divert a person’s attention away from the primary task of driving.”

Distracted driving most commonly refers to using a cell phone to talk or text while driving. It also includes eating and drinking, talking to passengers, grooming, reading, using a navigation system, watching a video or adjusting a radio, CD player or MP3 player.

What has been called “electronic distracted driving” is illegal in West Virginia. Since 2012, texting and using hand-held cell phones for any reason while driving is a primary offense in our state. This means you can be pulled over for the offense.

The law has led to a sharp decline in traffic fatalities, according to the West Virginia Department of Transportation. Still, distracted driving remains a serious problem. It should be a factor that is considered in any investigation of a car accident that has injured you or your loved one.

If you would like to learn more about how evidence of distracted driving could be used in seeking maximum compensation from a car accident case, please call Mani Ellis & Layne, PLLC. We serve clients in Charleston and throughout West Virginia. Simply call or reach us online for a free consultation.
distracted driver texting one text could wreck it all

Why Distracted Driving in West Virginia Remains a Problem

Many drivers do not take the warnings of distracted driving seriously.

For instance, in a survey conducted in advance of West Virginia’s 2011 Highway Safety Plan, only 20 percent of drivers said they “never” talk on the phone while driving. In the same survey, 37 percent admitted to texting while driving at some point. In a survey held one year later, the figures were worse. The number of people who said they “never” talk on the phone or text while driving went down.

With the number of drivers admitting to driving distracted on the upswing, it is important to determine whether this type of negligence played a role in a crash that has harmed you or a loved one.


How Do You Establish Distracted Driving in a WV Car Accident Case?

distracted driving accident compensationIt should be clear to all drivers that distracted driving is incredibly dangerous. When people choose to drive distracted, they are endangering themselves and others. They should be held responsible for the harm they cause.

If it can be shown that a person’s distracted driving caused your crash, that person may be liable for your medical expenses, lost income, pain and suffering and more.

Compensation typically comes through the driver’s liability insurance coverage. (This is important for people to know when the other driver is a teen. A recovery is not limited by turning to a teen’s personal assets.) In some cases, you may turn to your own coverage, such as when the other driver has no insurance or has insurance that fails to fully compensate you.

Our firm believes in preparing cases for trial. This gives us leverage when we enter negotiations for a full and fair settlement with the insurance companies. As we establish a case based on distracted driving, we may turn to evidence such as:

  • Cell phone records that indicate what a driver was doing just before a collision
  • Data from any other electronic devices used by the driver such as a GPS or iPod
  • Eyewitness accounts that corroborate the fact that the driver was distracted (for example, he or she was talking with passengers)
  • Social media activity that indicates whether posts were made while driving
  • Crash scene photos showing a lack of brake marks or other steps to avoid impact, suggesting the distracted driver never even saw your car
  • Food wrappers, drink cups or other evidence of what the driver was doing

A distracted driving crash can lead to serious or fatal injuries. We will fully review your case and consult with highly qualified experts to determine all past and future damages that should be sought as just compensation in your case.


Contact a West Virginia Distracted Driving Accident Attorney Today

The legal team of Mani Ellis & Layne is dedicated to seeking damages for clients who have been injured in a distracted driving accident. Our auto accident attorneys have more than 35 years of combined legal experience. We have obtained the highest ratings possible for professionalism from our legal peers. For us, a case is not a matter of business. It’s personal.

If you or a loved one has been injured in Charleston or elsewhere in West Virginia, contact us today to receive a free consultation.

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