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Texting and Phone Use in Virginia – a Clear and Present Danger

My hometown motivates me to work hard for my client and get results.- John Cooper

Attorney at Cooper Hurley Injury Lawyers

Texting and Phone Use in Virginia – a Clear and Present Danger

As a Virginia personal injury attorney, I am very aware of the kinds of situations that cause accidents and serious injuries on the roads in Virginia. Texting and phone use is one of the most hazardous.

The accident statistics including death and serious injury have been going up in recent years with the increased usage of smartphones. Some studies show that nearly everyone, in fact, uses their phone at some point while driving.

Texting at the wheel has been a primary offense in our state for four years. It hasn’t stamped out texting and phone use in Virginia.

Even hands-free usage is still quite a distraction behind the wheel. It only takes a second or two of inattention for a rear end or another wreck to occur. A car going 50 miles an hour is traveling at about 70 feet a second. Most drivers don't realize how little distraction is necessary to cause a severe wreck and danger on the road.

Texting and phone use in Virginia is dangerous

One of the reasons to hire an experienced personal injury attorney in Virginia like the lawyers at Cooper Hurley Injury Lawyers is that we know how to prove the case to show that someone who caused the accident was using a smartphone or another device at the time of the collision.

When a lawsuit is filed the lawyer has the right to send a subpoena which is an official court request for documents to phone companies to get phone records.

Texting and Phone Use in Virginia – Obtaining the Records

However, the records related to exactly what texting occurred are typically not available even very shortly after an accident. We are usually able to get the phone records to show whether the phone was in use or not with the phone numbers called and the amount of time spent on the phone.

If necessary, we can also hire forensic experts who can really drill down into the data to try to show almost to the second what happened with the at-fault driver's phone.

Not every case warrants the kind of detailed analysis of phone records. However, in serious cases especially those involving commercial trucks such information is critical.

If charges are brought against the reckless driver then the police and the commonwealth's attorney may order the cell phone records. However, one of the reasons to hire an experienced attorney quickly especially in a serious injury accident is so that we can get to work right away on obtaining the necessary documentation to try to prove phone usage by the defendant.

It would be good if people didn't talk and text while driving. However, we all know that they are going to do so. The problem is when that other person not paying attention because they're yapping on the phone causes you or your loved one to be seriously hurt.

Please be safe on the road and if you do get into an accident with injuries please call us at Cooper Hurley Injury Lawyers as soon as possible at (757) 455-0077 so we can make sure to get the records necessary to win your case.


John Cooper

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Injury Lawyers as an associate attorney. He became a partner in 2017.

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