Distracted Driving Accident Lawyer in Richmond, VA
Legal help for Virginians hurt by a driver who was texting, on a phone, or not watching the road.
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Practicing Personal Injury Law
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Hit by a Distracted Driver in Richmond?
If a distracted driver hurt you in Virginia, you may have a claim against that driver for your medical bills, lost pay, and pain.
We can review what happened, explain what evidence may show the other driver was distracted, and talk with you about your options.
What to know about distracted driving claims in Virginia:
- Holding a phone while driving is illegal in Virginia, with a few exceptions
- A ticket helps, but a claim doesn’t need one
- Phone records, video and witness accounts may help establish whether the driver was distracted
- Any fault on your part can bar recovery
- Most claims must be filed within two years
How Distraction Is Proven
A driver may not admit to being distracted. Evidence that may help establish whether the driver was distracted includes:
- The police crash report
- Statements from witnesses
- Traffic, business, or dashcam video
- Phone records obtained through the case
- Data stored by the vehicle
- What the driver said at the scene
Phone records and vehicle data are usually in someone else’s hands, and they may not be kept forever. Asking about this evidence early gives the best chance it is preserved.
Is It Illegal to Hold a Phone While Driving in Virginia?
Virginia law generally prohibits holding a handheld phone while driving a moving vehicle on Virginia highways, whether you are texting, scrolling or making a call (Va. Code § 46.2-818.2). Exceptions include drivers who are lawfully parked or stopped, people reporting an emergency, and emergency vehicle drivers on duty.
For more about the law, see our article on Virginia’s texting and driving laws.
What a Ticket Means for Your Injury Claim
A ticket can help, but it is not required, and it does not decide your claim. The traffic case and the injury claim are separate. If the other driver pleads guilty or no contest to the ticket, Virginia law allows that plea to be used as evidence in the injury case (Va. Code § 8.01-418). If no ticket was written, you can still show the driver was distracted with other evidence.
Types of Distracted Driving
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that takes a driver’s attention away from driving. Common examples:
How Common Are Distracted Driving Crashes in Virginia?
Distraction played a part in about one of every seven Virginia crashes in 2025.
Virginia distracted driving crashes, 2025
- Crashes involving a distracted driver: 17,357 (15.0% of all crashes)
- People killed: 116
- People injured: 12,256
- Crashes with a driver talking on a cell phone: 1,439
Source: Virginia DMV, Virginia Traffic Crash Facts 2025. The DMV lists the most common kinds of distraction as eyes not on the road, cell phone or texting, and looking at a roadside incident.
Who Can Be Held Responsible
The distracted driver is usually responsible for the harm the crash caused. When the driver was working at the time, the employer may also be responsible. Under Virginia law, an employer can be held liable for an employee’s carelessness while the employee is doing the employer’s business.
That can matter in crashes with delivery drivers, company vehicles, and commercial trucks. Crashes with a rideshare driver have their own insurance questions, which our Uber accident page explains.
For crashes that did not involve a distracted driver, see our car accident page.
Can You Recover If You Were Partly at Fault?
Usually not, and that is why fault matters so much in Virginia. Under Virginia’s contributory negligence rule, a person who was even slightly at fault for a crash can be barred from recovering anything. The other side has to prove that you were at fault. Insurers often try to shift blame to the injured person, for example by claiming you were speeding or braked suddenly. Evidence of the other driver’s distraction can help answer those arguments.
What a Distracted Driving Claim Can Recover
Distracted driving crashes can cause serious harm, including brain injuries, spinal cord injuries, and other catastrophic injuries. Depending on the evidence, a claim may seek:
- Emergency care, surgery, and rehabilitation
- Future medical care and treatment
- Lost wages and lost earning capacity
- Pain, mental anguish, and inconvenience
- Lasting scarring or disfigurement
Distracted drivers also injure people on foot and on bikes. See our pedestrian accident and bicycle accident pages.
When a crash causes a death, the family may have a claim. Our wrongful death page explains how those claims work in Virginia.
What to Do After a Crash With a Distracted Driver
Most Claims Must Be Filed Within Two Years
Most Virginia personal injury lawsuits must be filed within two years of the crash. Other deadlines can apply:
- Wrongful death claims: two years from the date of death
- Injured children: different timing rules can apply
Contacting a firm does not stop a filing deadline.
No Recovery, No Fee
Case reviews are free. You owe attorney fees only if your case settles or is won. Case expenses are separate and explained in your written fee agreement.
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Talk With a Lawyer About Your Crash
Tell us what happened and what you saw the other driver doing. We can explain what evidence may help, what a claim could cover, and how much time you have. Contact Collier & Collier for a free case review.
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