Roanoke Car Accident Attorney Explains Distracted Driving Claims in Virginia

Roanoke, Virginia - September 14, 2026 - Victims injured in car accidents due to distracted driving, particularly those involving texting, now have a clearer understanding of their legal rights and the compensation they may be entitled to, thanks to guidance from Roanoke car accident attorney John P. Fishwick Jr. of Fishwick & Associates PLC.

Fishwick, a Roanoke native and former United States Attorney for the Western District of Virginia, explains that Virginia's hands-free law under 46.2-818.2 makes it unlawful to hold a handheld personal communications device while operating a moving vehicle on Virginia highways. A first offense carries a $125 fine, which increases to $250 for a second or subsequent violation. Importantly, any offense committed inside a designated highway work zone carries a mandatory $250 fine.

Fishwick emphasizes that many people do not realize that paying a traffic ticket does not cover their medical bills or lost wages. He notes that a traffic citation alone does not automatically prove fault in a civil case, but a driver who prepays a ticket or pleads guilty in traffic court may create a legal admission that can support an injury claim.

Building a strong case often relies on several forms of objective proof, including subpoenaed cell phone records, cell tower location data, and logs from a vehicle's built-in computer or event data recorder. Witness statements, nearby security camera footage, and the official Roanoke Police Department accident report frequently form the backbone of a claim.

Fishwick highlights that distracted driving crashes are often severe because an inattentive motorist fails to brake before impact. National Highway Traffic Safety Administration data indicates that sending or reading a text takes a driver's eyes off the road for an average of five seconds, which at 55 miles per hour is comparable to driving the length of a football field blindfolded.

For those injured by a distracted driver, Fishwick advises that liability is not always limited to the distracted driver. Under the doctrine of respondeat superior, an employer may share responsibility when an employee was texting or making a call for work purposes at the time of a crash, a question that often arises with commercial vehicles and delivery drivers. The owner of a vehicle may also face liability if they knowingly permitted an unsafe driver to operate it.

The firm stresses the importance of Virginia's strict pure contributory negligence rule, one of the most demanding standards in the country. If a court finds an injured person even one percent at fault, that finding can bar recovery entirely.

Fishwick also cautions that certain mistakes can weaken or end a claim, including failing to call the police, posting about the crash on social media, and missing the filing deadline. Under Virginia Code 8.01-243, injury victims generally have two years from the date of the crash to file a personal injury lawsuit, and wrongful death claims carry the same two-year deadline. Because evidence and witness memories fade, and cell phone logs and surveillance footage can disappear, early legal involvement often strengthens a case.

Recoverable damages may include economic losses such as medical bills, future care, lost wages, reduced earning capacity, and property damage, as well as non-economic damages for pain and suffering, loss of enjoyment of life, and permanent scarring. Virginia does not cap compensatory damages in most personal injury cases. When a crash is fatal, surviving family members may pursue wrongful death damages for funeral expenses, lost income, and the loss of the deceased's care and companionship.

For those injured by a distracted driver anywhere in the Roanoke Valley, contacting a Roanoke car accident attorney may help preserve critical evidence and pursue full compensation before important deadlines pass. Fishwick & Associates PLC, with its office at 30 Franklin Rd SW Ste 700 in Roanoke, offers consultations by calling (540) 345-5890.