Virginia Beach Distracted Driving Accident Lawyer

What Our Clients Say

"I was a passenger in an Uber when we got rear-ended by a distracted driver while we were stopped at a stoplight. The Kalfus & Nachman PC team took really good care of me throughout the process and two years later the case is closed and I can finally put this all behind me. Thanks Kalfus & Nachman PC for all your help." — Former Client

Results in Serious Motor Vehicle Accident Cases

We have recovered millions for clients seriously injured in motor vehicle accidents across Virginia, including:

• $10.5 Million — Truck accident. Traumatic brain injury with permanent deficits.
• $7 Million — Motor vehicle collision. Paraplegia.
• $5.147 Million — Tractor-trailer crash on I-64 West. Traumatic brain injury.
• $2.1 Million — Dump truck collision on I-64. Multiple internal injuries requiring surgery.
• $2.07 Million — High-speed box truck rear-end at a Virginia Beach traffic light. Head, brain, and facial injuries in a six-car collision.
• $1.3 Million — Motorcycle accident. Arm surgeries and back and rib fractures.

See more of our results.

How Distracted Driving Accidents Happen

Virginia Beach sees the kind of traffic conditions that make distracted driving crashes particularly dangerous. Heavy visitor traffic along Atlantic and Pacific Avenues, congested commuter corridors on I-264 and Lynnhaven Parkway, routes near major military installations including NAS Oceana and Joint Base Little Creek-Fort Story, and choke points like the Lesner Bridge on Shore Drive all create situations where a driver who takes their attention off the road for even a few seconds can cause a serious crash.

Common sources of distraction include:

• Phone-Related Distraction — Texting, calling, using navigation, or interacting with apps and in-vehicle technology
• Other Driver Inattention — Eating, reaching for objects, adjusting controls, talking with passengers, or mentally checking out behind the wheel

Virginia law prohibits the use of handheld devices while driving. When a driver violates that prohibition and causes a crash, that violation is directly relevant to establishing negligence.

Building the Case for Fault

Liability in a distracted driving case rests on showing the driver failed to exercise reasonable care and that failure caused the accident. Several types of evidence can establish distraction at the time of the crash:

• Cell phone records. Call logs, text records, and data usage can show whether the driver was using their phone at the moment of impact. These records can be obtained through formal legal process.
• Surveillance and dashcam footage. Video from nearby cameras, City of Virginia Beach traffic monitors, or dashcams sometimes captures driver behavior before the collision.
• Witness accounts. Eyewitnesses who observed the driver's behavior before impact provide valuable independent testimony.
• Crash reconstruction. In serious cases, expert analysis establishes how and why the collision occurred based on vehicle positions, damage patterns, and physical evidence.
• Police reports and admissions. Responding officers from the Virginia Beach Police Department may document signs of distraction, and drivers sometimes make statements at the scene that are relevant to fault.

Insurers in distracted driving cases routinely dispute fault and the extent of injuries. A well-developed evidentiary record built early in the case puts the claim in the strongest position.

Compensation: Recovering Your Damages

If a distracted driver caused your injuries, a successful claim may allow recovery for:

• Emergency treatment at local trauma facilities including Sentara Virginia Beach General Hospital and the Level I Trauma Center at Sentara Norfolk General Hospital, as well as subsequent surgery and ongoing medical care
• Future medical expenses and rehabilitation
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress and psychological harm
• Permanent disability or impairment
• Wrongful death damages if a loved one was killed

Virginia's Contributory Negligence Rule