Charleston WV Distracted Driving Accident Lawyer

A car accident can change everything in a matter of moments. From the initial panic of the crash to seeking care for injuries and then figuring out how to pay for vehicle damage and medical bills, the aftermath of an accident fills those affected with stress and worry.

At Warner Law Offices, PLLC, we believe that the legal process for those who have suffered from a car accident should be as seamless as possible amidst this chaos. 

Many accidents happen because the other driver was distracted and failed to keep their eyes on the road. If you’ve been injured in such an accident in West Virginia, you shouldn’t have to pay the price for such carelessness. A skilled, experienced, and empathetic attorney from Warner Law Office, PLLC, can build a strong case and skillfully pursue the justice you deserve.

How Can a Car Accident Lawyer at Warner Law Offices, PLLC, help?

The distracted driving attorneys at Warner Law Offices are award-winning experts for cases in and around West Virginia. Specializing in motor vehicle accidents, including:

We have a proven track record of more than two decades of fighting for those who have been hurt or wronged.

We Have Extensive Trial Experience

Every distracted driving attorney at Warner Law Offices is dedicated to securing the best recovery for every client. Sometimes this means settling, and other times it means heading to trial. We don’t back down and stand ready to take your case to a jury. You can rest assured that our experienced team will explore every path and expertly advise your decisions throughout the legal process.

We Deliver a Compassionate Approach to Lawyering

Our client-centered approach to our work means your lawyer will get to know you personally. We understand the stress that you are under and know a successful case starts with empathetic and engaged listening to fully grasp your experience.

Our attorneys value excellent communication skills and compassionate representation. We will work hard to advocate for you and tell your story with the care and commitment you deserve.

Our Accolades Translate Into Quality You Can Trust

As an award-winning firm across multiple trusted platforms, we have the experience and skills necessary to build a formidable distracted driving case. Our notable awards and accolades include:

  • Top Premier Law Firm in the U.S. from Newsweek
  • The National Trial Lawyers’ Top 100 Trial Lawyers
  • America’s Top 100 Attorneys
  • Attorneys included in West Virginia Super Lawyers® for several consecutive years
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What Are the Causes of Distracted Driving Accidents?

According to the United States Department of Transportation, 3,522 Americans died in distracted driving accidents in 2021. Driving while doing any activity that takes a motorist’s attention away from the road is considered distracted driving. While some forms are more common than others, all of these distractions can lead to fatal car accidents on West Virginia roads. These include the following:

  • Texting: One of the most common and dangerous forms of distracted driving, sending or reading just one text can take your attention off the road for the length of a football field if you’re driving 55 miles per hour. 
  • Talking on the phone: The National Highway Traffic Safety Administration found that talking or listening on a mobile device while driving, even if it’s a “hands-free” device, can cause a distracted driving accident.
  • Eating and drinking: Activities related to consuming food or drink during driving increase your chance of crashing. Such behavior includes eating, drinking, leaning over to open a food carton, or tossing trash into your backseat.
  • Other occupants: A passenger’s loud outbursts or other conduct may draw a driver’s  attention away from the road and cause an accident. 
  • Making adjustments: Fiddling with the radio or temperature controls, opening or closing windows, or toggling interior lights while moving may feel like second nature to many drivers, but it’s another distraction that can spell danger for motorists.
  • Reaching for an object: Reaching for your phone, a dropped object, something in the passenger seat, or anything else takes more attention away from driving than you may think and is a common cause of distraction-related crashes.
  • Inattentiveness or daydreaming: If you’re too tired or your mind is simply preoccupied with something else, your driving may become dangerous for yourself and others on the road.

What Does West Virginia Do to Prevent Distracted Driving?

West Virginia Code Sec. 17C-14-15, enacted in July 2012, prohibits cell phone use while driving unless the driver uses hands-free technology. 

In addition, West Virginia participates in national efforts against distracted driving, including U Drive. U Text. U Pay., a high-visibility enforcement campaign especially prevalent throughout the awareness month of April each year. 

West Virginia also engages in the annual Connect to Disconnect event, which aims to increase the visibility of enforcement of texting and driving laws and the dangers of distracted driving.

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How To Prove Fault In a Distracted Driving Accident

A variety of types of evidence can prove that the driver at fault for your or your loved one’s accident was distracted while driving, including:

  • Police reports: You should call the police immediately after a car crash. On top of securing the scene to protect everyone involved, they will document key facts. This includes collecting information from all involved drivers and documenting any evidence of distracted driving, such as food-related trash within a driver’s reach or a cell phone open to a messaging app.
  • Photographs and video footage: Video footage and images can document the scene and help recreate the accident to determine its cause. Footage from surveillance cameras or eyewitnesses’ personal devices can provide critical evidence of distracted driving in a trial.
  • Phone records: Since texting or talking on the phone are the most common forms of distracted driving in West Virginia and nationwide, phone records can provide valuable evidence in a car accident case. If there is evidence that a driver was using their cell phone leading up to a crash, your attorney can subpoena the other driver’s cell phone records for any activity during the accident and its leadup.
  • Eyewitness accounts: If possible, speaking to witnesses and getting their contact information at the scene can benefit your case in the long run.  A witness may have seen the other driver eating, drinking, texting, or engaging in other distracted driving behaviors. They may also corroborate other evidence found at the scene. Police should also speak with any eyewitnesses at the scene and keep records of their versions of events.
  • Expert testimony: The West Virginia distracted driving lawyers at Warner Law Offices, PLLC, have a network of experts who can review your case and testify on your behalf. Experts may be able to reconstruct how the accident occurred based on the evidence collected at the scene and eyewitness accounts.

Reach Out to a Trusted West Virginia Distracted Driving Lawyer

If you’re reeling from a distracted driving accident, the compassionate and knowledgeable team at Warner Law Offices will help you on your journey to justice. It costs nothing upfront to hire us, and you don’t pay us unless we get you compensation. 

Get started with a free consultation today.

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West Virginia Office
227 Capitol Street
Charleston, WV 25301
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Attorney Bobby Warner
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Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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