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Victims of texting and driving have legal options to be aware of

In Virginia, texting while driving is against the law. Drivers, however, continue to engage in texting while driving which can cause serious accidents, injuries and even fatalities. The law recognizes the harm distracted drivers can cause and the harm victims and their families may suffer following a distracted driving accident.

Victims of distracted-driving related accidents may be able to recover damages for the losses they have suffered including medical expenses, lost wages and pain and suffering damages. Additional damages, as well, may be available to victims and their families following a fatal distracted-driving accident.

As mobile devices such as phones and tablets have increased in popularity and use, distracted driving accidents have grown more common. Distracted driving includes a number of different types of activities drivers commonly engage in. Distracted driving includes the use of cell phones while driving and texting while driving, as well as utilizing a GPS while driving; utilizing radios or other music devices while driving; eating while driving; grooming while driving; or talking to passengers while driving.

Whenever a victim has been harmed by a distracted driver or other negligent driver, it is important to determine liability. Liability in distracted driving circumstances may be determined by collecting evidence such as the phone records of the distracted driver at the time of the accident. It is important to know how to properly approach a distracted driving accident, including the protections, options, remedies and resources available to protect the rights of victims and ensure they receive full and fair compensation whenever possible.

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