A single glance at a phone is all it takes. Distracted driving — texting, scrolling, eating, reaching — turns an ordinary drive into a crash that leaves someone else hurt. If a distracted driver injured you anywhere in Hampton Roads, Decker Law can help you prove what happened and pursue the full cost of your recovery. Call 757-622-3317 for a free consultation, available 24/7.
PROVING THE OTHER DRIVER WAS DISTRACTED
Virginia takes distracted driving seriously. Since 2021, it has been illegal to hold a handheld communications device while driving on a Virginia highway (Va. Code § 46.2-818.2) — a driver who was texting or scrolling when they hit you was breaking the law, not just being careless. That can matter a great deal to your claim, because it helps establish that the other driver, not you, was at fault.
The challenge is proof. Distracted drivers rarely admit what they were doing, so the evidence has to be built. We move quickly to preserve it: phone and carrier records, vehicle data, traffic-camera and dash-cam footage, and witness accounts that place the driver’s attention where it shouldn’t have been. In a state as unforgiving as Virginia — where even a sliver of shared fault can bar your recovery — nailing down that proof early is often what makes or breaks a case.
SIDESWIPE ACCIDENTS: WHAT TO KNOW
How do you prove a driver was distracted?
Distraction rarely gets admitted, so we build it from evidence: phone and carrier records, the vehicle’s data, traffic-camera and dash-cam footage, and witness accounts. A citation for handheld use helps, but it isn’t required.
Is holding a phone illegal while driving in Virginia?
Yes. Since 2021 it’s illegal to hold a handheld communications device while driving on a Virginia highway (Va. Code § 46.2-818.2). A driver who was doing so was breaking the law — which can help establish fault.
Does the other driver need a ticket for me to have a claim?
No. A ticket or conviction can strengthen your case, but your civil claim stands on its own evidence of negligence. You don’t have to wait for the traffic side to resolve.
What if I was partly distracted too?
Virginia’s pure contributory negligence rule means even a small share of fault assigned to you can bar recovery. That’s why how fault is framed matters — and why it’s worth talking to a lawyer before giving any statement.
MEET OUR LAWYERS
Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
The evidence that proves distraction — phone records, camera footage, vehicle data — doesn’t stay available forever. The sooner we start, the more of it we can preserve. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.
KEEP UP WITH DECKER LAW
December 2 2025
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