
Norfolk Distracted Driving Accident Attorneys
Injured by a Distracted Driver? We Fight for Maximum Compensation
Distracted drivers cause thousands of preventable car crashes every year in Virginia. If you were injured because another driver was texting, using GPS, eating, or otherwise not paying attention to the road, you deserve full compensation for your injuries and losses.
At Kalfus & Nachman PC, we've represented Virginia injury victims since 1979 and recovered millions in compensationāincluding a $10.9 million traumatic brain injury settlement and $7 million auto accident settlement. We have the resources and experience to prove distracted driving and hold negligent drivers accountable.
Call (855) 880-8163 24/7 for a free consultation. You pay nothing unless we win. Se habla espaƱol.
What Makes Kalfus & Nachman PC Different
45+ Years Fighting for Virginia Injury Victims - Founded in 1979, we've handled thousands of distracted driving cases.
Financial Resources to Win Complex Cases - Unlike smaller firms, we front all litigation costs, expert fees, and investigation expenses. This means we can:
- Subpoena cell phone records and analyze data
- Hire accident reconstruction experts
- Retain technology specialists who prove phone/device usage
- Take cases to trial when insurance companies won't offer fair settlements
Proven Track Record - Multi-million dollar settlements demonstrate our ability to maximize compensation in serious injury cases.
4.7-Star Rating from 900+ Clients on Elite Litigators - Voted "Best of Norfolk" for personal injury law.
Statewide Representation - Offices in Norfolk, Virginia Beach, Newport News, and Roanoke.
Types of Distracted Driving
Distracted driving takes three forms, and all are dangerous:
Visual Distractions - Taking eyes off the road
- Texting or reading messages
- Using GPS or navigation apps
- Looking at passengers or back seat
- Watching videos or social media
Manual Distractions - Taking hands off the wheel
- Holding a phone
- Eating or drinking
- Reaching for objects
- Adjusting controls or radio
Cognitive Distractions - Mind not focused on driving
- Talking on phone (even hands-free)
- Daydreaming or being lost in thought
- Emotional conversations with passengers
Texting while driving is especially deadly because it combines all three types of distraction simultaneously. Reading or sending a text takes your eyes off the road for an average of 5 secondsāat 55 mph, that's like driving the length of a football field blindfolded.
The Scope of the Distracted Driving Problem
Distracted driving remains one of the leading causes of crashes in the United States:
- 9% of all fatal crashes in 2022 involved distracted driving (NHTSA)
- Texting increases crash risk by 23 times compared to attentive driving
- Over 300,000 distracted driving crashes reported annually
- Drivers aged 16-24 account for approximately 39% of distracted driving accidents
- Texting while driving is 6 times more dangerous than driving under the influence of alcohol (CDC)
Despite laws prohibiting texting while driving in Virginia, enforcement is difficult and many drivers continue to engage in this reckless behavior.
How to Prove Distracted Driving in Virginia
Insurance companies will try to deny that the other driver was distracted. They'll claim there's "no proof" or that something else caused the accident. This is where our experience and resources make the difference.
Evidence We Use to Prove Distracted Driving:
- Cell Phone Records & Data Analysis: We subpoena the at-fault driver's cell phone records to prove they were texting, calling, or using apps at the time of the crash. Our technology experts can analyze:
- Text message timestamps
- Call logs
- App usage data
- GPS/location tracking
- Social media activity
- Witness Testimony: We interview witnesses who saw the driver on their phone or engaged in other distracting behavior before the crash.
- Police Reports & Statements: Officers often note when drivers admit to being distracted. We use these admissions and any citations issued for distracted driving.
- Accident Reconstruction Experts: We work with specialists who can analyze the crash scene, vehicle damage, and driver behavior to demonstrate that distraction was the cause.
- Vehicle Data (Black Box): Modern vehicles record data about speed, braking, and steering. We extract this evidence to show the driver didn't attempt to brake or avoid the collisionāclassic signs of distraction.
- Video Evidence: We search for dashcam footage, traffic cameras, and security cameras from nearby businesses that may have captured the crash or the driver's behavior beforehand.
This comprehensive approach requires significant financial resources and expertise. Smaller firms often lack the capital to pursue all available evidence, which is why insurance companies pressure them into quick, low settlements.
Compensation Available in Distracted Driving Cases
We fight to recover full compensation for:
- Medical expenses - Emergency care, surgery, hospitalization, physical therapy, future treatment
- Lost wages and earning capacity - Income lost during recovery and reduced future earnings
- Pain and suffering - Physical pain, emotional trauma, loss of quality of life
- Property damage - Vehicle repair or replacement
- Permanent disability - Compensation for life-altering injuries
- Wrongful death damages - When distracted driving kills a loved one
Distracted driving cases often result in severe injuries because the at-fault driver never attempts to brake or avoid the collision. This can lead to catastrophic outcomes like traumatic brain injuries, spinal cord damage, and deathāinjuries that require maximum compensation to cover lifetime costs.
Virginia's Distracted Driving Laws
Virginia law prohibits:
- Reading or manually typing on any handheld device while driving
- Holding a phone while driving (with limited exceptions)
Penalties include:
- First offense: Up to $125 fine
- Second offense: Up to $250 fine
- Violations that cause a crash can result in reckless driving charges
However, enforcement is difficult because officers must observe the violation. Many distracted driving crashes occur without the driver receiving a citation, which is why having an attorney who can prove distracted driving through evidence is critical.
What to Do After Being Hit by a Distracted Driver
If you're injured in a crash caused by a distracted driver:
- Call 911 - Get medical help and police documentation
- Tell officers if you saw the driver on their phone - This will be noted in the police report
- Document everything - Take photos of the scene, vehicles, and your injuries
- Get witness information - Anyone who saw the driver distracted
- Seek immediate medical attention - Even if you feel okay
- Do NOT speak to insurance adjusters - They will use your words against you
- Contact Kalfus & Nachman PC immediately - Evidence like cell phone data can be lost if not preserved quickly
Time is critical in distracted driving cases. Cell phone data can be deleted, witnesses' memories fade, and insurance companies will pressure you to settle before the full extent of your injuries is known.
Why Insurance Companies Fight Distracted Driving Claims
Insurance companies know that distracted driving cases often result in larger settlements because:
- The behavior is clearly reckless and preventable
- Juries are increasingly angry about distracted driving
- Punitive damages may be available in extreme cases
To avoid paying what you deserve, they will:
- Deny the driver was distracted
- Claim you were also at fault (contributory negligence)
- Offer quick, lowball settlements before you hire a lawyer
- Delay until you're desperate and accept less
We've fought these tactics for over 45 years. We know how to counter insurance company strategies and prove distracted driving even when the driver denies it.
How Kalfus & Nachman PC Handles Your Distracted Driving Case
When you hire us, we immediately:
- Preserve evidence - Send legal notices to preserve cell phone records and vehicle data
- Investigate thoroughly - Interview witnesses, obtain police reports, analyze the scene
- Consult experts - Accident reconstructionists, cell phone forensic analysts, medical professionals
- Calculate full damages - Including future medical costs and lost earning capacity
- Negotiate aggressively - We won't accept lowball offers
- Litigate when necessary - We have the resources to take cases to trial
You focus on recovery. We handle everything else.
Free Consultation - Available 24/7
If you were injured by a distracted driver in Norfolk, Virginia Beach, Newport News, Roanoke, or anywhere in Virginia, contact Kalfus & Nachman PC today.
Call (855) 880-8163 now for a free consultation.
- Free case evaluation
- No fees unless we win
- 45+ years of experience
- Multi-million dollar results
- Available 24/7
- Se habla espaƱol
Don't let a distracted driver's reckless behavior destroy your life. We fight for maximum compensation so you can focus on healing.
Contact us online or call (855) 880-8163 to speak with our Norfolk distracted driving accident attorneys.


How Is Kalfus & Nachman Different?

We Mean Business
Read Our Recent Case results
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$10.9 Million Traumatic Brain Injury
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$10.5 Million Truck Accident
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$7 Million Auto Accident
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$5.147 Million Truck Accident
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$2.15 Million Premises Liability

Meet Our Team
Tell Them We Mean Business
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Paul R. Hernandez Attorney
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Thomas A. Fitzgerald, II Attorney
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Seth D. Scott Attorney
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Christopher I. Jacobs Attorney
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Michael J. Levens Attorney
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Colin P. O'Dawe Attorney
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Neal C. Schulwolf Attorney
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Deborah B. Vaughn Attorney
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Michael Sternberg Attorney
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Olivia T. Donahue Attorney
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Brian A. Thomasson Attorney
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Jeffry A. Sachs Attorney
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Gregory E. Camden Attorney
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Gregory L. Sandler, Esq. Attorney
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Massimo Morabito Attorney
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A.J. Kalfus of Counsel
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Stuart L. Nachman of Counsel
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Richard F. Aufenger, III of Counsel
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Jesse M. Suit III of Counsel

