A moment of inattention while driving can have lifelong consequences. If a driver is looking at their phone and causes an accident, they could face surgery, weeks off work, and increased bills. If someone else’s distraction led to your crash, you have the right to hold them responsible. Kaufman & McPherson, PLLC, advocates for those injured in distracted driving crashes across West Virginia, and we are prepared to fight for your rights.
Reach out to our experienced West Virginia car accident lawyers at 304-842-4300 for a no-cost case review. There’s no fee unless we recover on your behalf.
West Virginia’s Distracted Driving Laws
West Virginia’s Electronically Distracted Driving Act (W. Va. Code § 17C-14-15) makes it illegal for drivers to use handheld electronic devices while driving. Specifically, a driver may not physically hold or support a wireless communication device or stand-alone electronic device with any part of their body while operating a motor vehicle. The law also prohibits writing, sending, or reading any text-based communication, including text messages, instant messages, emails, or social media interactions.
These prohibitions apply even when temporarily stationary due to traffic or a traffic control device. A driver who causes someone’s death by violating this law is also subject to prosecution under the applicable vehicular homicide provision.
When a driver breaks this law and causes an accident, their violation is strong evidence of negligence in a civil injury claim. That’s where we come in.
Types Of Distracted Driving That Cause Crashes
Not all distracted driving involves a phone. Distractions fall into three categories.
- Visual: Taking your eyes off the road (looking at a GPS, checking a notification, glancing at a passenger).
- Manual: Taking your hands off the wheel (eating, reaching for something, adjusting controls).
- Cognitive: Taking your mind off driving (daydreaming, intense conversations, emotional distress).
Texting is the most dangerous because it involves all three at once. But other common behaviors also cause serious accidents: making phone calls without hands-free devices, scrolling on social media, eating and drinking, adjusting navigation apps, and interacting with passengers. Any of these can form the basis of a negligence claim.
How Do We Prove The Other Driver Was Distracted?
Insurance companies don’t take your word for it. Building a distracted driving case requires real evidence. Our attorneys know how to find it.
Phone records and device data
Cell phone records can show whether the other driver was texting, calling, or using an app at the time of the crash. We can subpoena these records during litigation.
Dashcam and surveillance footage
Traffic cameras, nearby business security systems, and dashcam footage from other vehicles can capture the distracted driver’s behavior in the moments leading up to impact.
Witness testimony
Passengers in either vehicle, other drivers, and bystanders may have seen the other driver looking down at a phone or otherwise distracted. We locate and interview witnesses quickly, before their memories fade.
Accident reconstruction
In serious crashes, we work with accident reconstruction professionals who analyze skid marks, vehicle damage, and impact angles to determine whether the at-fault driver failed to brake or react, behavior consistent with distraction.
Time matters. Call 304-842-4300 now for a free consultation. The sooner we begin gathering evidence, the stronger your position.
Common Injuries In Distracted Driving Accidents
Distracted drivers often fail to brake or slow down before impact, which leads to high-speed collisions and severe injuries. We’ve handled cases involving:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Whiplash and other neck injuries
- Internal organ damage
- Severe lacerations and burns
- Wrongful death
These injuries require extensive medical treatment, and the costs add up fast. You deserve compensation for every dollar spent on recovery.
Liability and Fault in West Virginia Distracted Driving Cases
Who can be held liable
The distracted driver is the most obvious defendant, but liability can extend further. If the driver was working at the time (e.g., making a delivery or driving a company vehicle), their employer may share responsibility. If a vehicle defect contributed to the crash, the manufacturer could be liable too.
How West Virginia’s comparative fault rule applies
West Virginia follows a modified comparative negligence system codified at W. Va. Code § 55-7-13c. Under this rule, a plaintiff’s own negligence does not eliminate their right to compensation unless their share of fault exceeds the combined fault of all other responsible parties. When the plaintiff’s fault falls below that threshold, their award is reduced proportionally to reflect their degree of responsibility.
In practice, if the other driver was using their phone and you’re only partly at fault for a minor driving mistake, you still have a chance to make a claim. However, be prepared for the other insurer to closely examine your behavior and try to increase your share of blame. An experienced lawyer can challenge these claims with evidence and ensure the focus remains on the distracted driver.
Compensation Available For Distracted Driving Injuries
If a distracted driver caused your accident, you may be entitled to recover in several categories:
Economic losses: These cover the measurable financial impact of your injuries, including medical bills for past and future treatment, lost wages, and diminished earning capacity. Property damage to your vehicle also falls here.
Non-economic losses: These address the personal toll: pain and suffering, emotional distress, and the loss of enjoyment of life that comes with a serious injury.
Wrongful death damages: If a distracted driver killed a member of your family, surviving relatives may pursue a wrongful death claim for their losses.
The value of any claim depends on factors specific to your situation, including the nature and extent of your injuries, how they’ve affected your daily life, and the coverage available. Contact Kaufman & McPherson, PLLC to discuss the details of your case.
Frequently Asked Questions
How long do I have to file a distracted driving claim in West Virginia?
Under W. Va. Code § 55-2-12, you must file a personal injury claim within two years from when the right to bring the claim accrued. That deadline is firm — once it passes, the court will bar your case regardless of how strong the evidence is, unless you meet one of the very limited exceptions. Because gathering records, consulting experts, and building a persuasive case all take time, reaching out to an attorney early gives you the best chance of a strong outcome. Call us today.
What if I cannot prove the other driver was texting?
Texting isn’t the only form of distracted driving. Any behavior that diverted the driver’s attention can support a negligence claim. We investigate thoroughly to identify all available evidence, including phone records, camera footage, and witness statements.
How much does it cost to hire a distracted driving lawyer?
We work on a contingency fee basis. That means no fee unless we win your case. Your consultation is free, and there’s no obligation.
What if the insurance company says I was partially at fault?
Blame-shifting is one of the most common strategies adjusters use to lower a payout. Under West Virginia’s comparative fault rule, partial fault on your part does not destroy your claim. It only reduces your recovery proportionally, as long as your fault doesn’t exceed the combined fault of all other responsible parties. We know how to challenge exaggerated allegations of fault and protect the compensation you’re owed.
Talk to a West Virginia distracted driving attorney today
Distracted driving crashes leave lasting damage — physically, financially, and emotionally. You shouldn’t have to navigate the legal process alone while you’re trying to recover. Kaufman & McPherson, PLLC, handles these cases across West Virginia from our Bridgeport office, and we take every case on a contingency fee basis: you pay nothing unless we secure compensation on your behalf.
Let us review your case at no cost. Call 304-842-4300 today to get started.
