BenGlassLaw Car Accident Legal Team Secures $550,000 Settlement in Williamsburg, VA
In August, the defendant, a teenager who had been licensed for several weeks, was allowed by her parents to drive from Maryland to Williamsburg, Virginia where the family was vacationing. This was the longest solo trip ever undertaken by the inexperienced driver and she was not familiar with the route.
Once she reached Williamsburg she failed to observe a stop sign that was open and obvious and she struck the plaintiff’s car broadside at high speed, causing it to overturn. The accident itself was caught on video. (Watch all the way to the end.)
The Dangers of Texting and Driving
Texting while driving is one of the most alarming and prevalent forms of distracted driving, and its impact on road safety is profound. Each year in the United States, this dangerous behavior contributes to a significant number of traffic accidents, highlighting the urgent need for increased awareness and stronger enforcement of texting and driving laws.
Studies and statistics from traffic safety agencies reveal that texting while driving increases the risk of an accident substantially. According to the National Highway Traffic Safety Administration (NHTSA), thousands of people are killed each year in crashes related to distracted driving, with texting being one of the most common distractions. The act of reading or sending a text message takes a driver’s eyes off the road for an average of five seconds; at 55 mph, this is equivalent to driving the length of an entire football field with your eyes closed.
The risks associated with texting and driving are particularly high among younger drivers. The NHTSA reports that drivers under the age of 20 have the highest proportion of distraction-related fatal crashes. Despite widespread awareness of the dangers, many young drivers admit to texting while driving, underscoring a disconnect between knowledge and behavior.
To combat this issue, many states have enacted laws banning texting while driving, and various safety campaigns aim to educate drivers about the risks. However, compliance remains inconsistent, and the prevalence of smartphones continues to exacerbate the problem.
For these reasons, it’s crucial that drivers understand the severe risks involved with texting and driving. Not only does it jeopardize the driver’s safety, but it also endangers passengers, other road users, and pedestrians. As part of the broader effort to ensure road safety, individuals must take personal responsibility to avoid texting and driving, thereby protecting themselves and others on the road.
Virginia’s Texting and Driving Laws:
- Prohibition of Texting and Driving: Virginia law prohibits all drivers from reading, writing, or sending text messages and emails while driving. This includes using a handheld mobile device to engage in these activities.
- Hands-Free Requirement: While the law allows the use of hands-free devices, any manual entry of multiple letters or text in the device as part of communication is forbidden.
- Fines and Penalties: The penalties for texting while driving have been structured to underscore the seriousness of the offense. As of my last update, the fine for a first offense is $125, and subsequent offenses can incur a fine of $250. Additionally, if a driver is convicted of reckless driving that includes the use of a handheld device, there could be even more severe penalties.
- Exceptions: The law does provide exceptions for certain situations, including emergency vehicle operators while performing their official duties, drivers who are reporting an emergency, and when the vehicle is legally parked or stopped.
The Injuries and Subsequent Death of the Car Crash Victim
The plaintiff, who was a elderly front seat passenger who had been belted in by his family, was ejected from the vehicle as it rolled.
He suffered numerous injuries, including multiple injuries to his hand and an amputated finger. After urgent surgery he was in a rehabilitation center for a month. He died about 90 days after accident due to unrelated causes.
The defendant had $100,000 in insurance coverage. The car that the plaintiff was traveling in had abundant uninsured motorist coverage. The case was settled after an all day mediation.
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Uninsured Motorist Insurance — Important Coverage in Virginia
In Virginia, purchasing uninsured motorist (UM) coverage is critically important for drivers, due to the substantial financial risks posed by uninsured and underinsured drivers. Despite laws requiring motor vehicle insurance, a significant number of drivers on the road do not carry adequate insurance, if any at all. Uninsured motorist coverage protects you financially if you are involved in an accident with a driver who lacks sufficient insurance to cover the damages they cause. This coverage steps in to cover medical expenses, repair costs, and other losses that would otherwise pose a financial burden to you.
The value of UM coverage extends beyond just covering the gaps left by uninsured drivers. It also offers protection in hit-and-run incidents where the responsible driver cannot be identified and thus, cannot be held financially responsible. Given the potential high costs of medical care and vehicle repairs following an accident, having UM coverage ensures that you and your passengers receive the necessary financial support without the additional stress of incurring unmanageable out-of-pocket expenses. This coverage is not just a financial safety net but also a critical component of responsible vehicle ownership in Virginia.