Distracted Driving and App Usage in Virginia Delivery Accidents

When you become involved in an accident with a delivery driver, you need to understand your legal rights. In some cases, you may be able to pursue a civil claim for monetary compensation if you can prove that the delivery driver was to blame for your accident.

While there are many causes of collisions involving delivery drivers, some of the most common include situations where a driver is distracted by using an app while driving their vehicle. 

This is especially true for delivery services like Grubhub, DoorDash, and Uber Eats, where drivers routinely accept orders on the app while traveling in traffic. But it can also be true of established delivery companies like UPS when drivers use mapping apps to find delivery locations. 

Monge & Associates can provide help and support as you pursue an accident claim in these difficult circumstances. We can work with you to determine if driver distraction was the cause of your harm and can help you to fight for full and fair payment for your losses when a driver is negligent or violated the rules of the road in a way that caused you harm.  

To find out how we can help, call us or contact us online to schedule a free consultation with a Richmond delivery accident lawyer at Monge & Associates today. 

Virginia Laws on Distracted Driving

Virginia has laws related to the dangers of distracted driving. Specifically, Code of Virginia § 46.2-818.2 states that “It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.”

Violating that law is a traffic infraction punishable by fines. The state’s DMV also makes clear that both holding a cell phone and texting while driving are not permitted under state law. 

These laws can cover drivers who are holding handheld personal communications devices, while Code of Virginia § 46.2-818.3 was enacted in 2026 to prohibit drivers from initiating, participating in, or manipulating an electronic device to interact with a live stream while driving.

However, it is important to note that the state does allow hands-free phone calls. 

These rules do not specifically address situations where a driver may have their phone or other device in a holder and may be manipulating the device or looking at the app but not holding it at the time. 

The laws also do not specifically address what happens if a driver is interacting with or focusing on an infotainment system that includes a navigation program instead of looking at the road.

This can make distracted driving claims involving app-use more complicated. 

Proving a Driver Was Distracted and Caused an Accident While Using an App

When you pursue a claim for car accident compensation, you must show that the at-fault driver had a duty or obligation to you. You can demonstrate this by showing that they were sharing the road with you, as every driver has a duty to exercise reasonable care behind the wheel as well as to follow basic road safety rules. 

You also must show the driver breached that duty. Typically, you can do this by demonstrating:

• That the driver was unreasonably careless or negligent in operating the vehicle compared to what a hypothetical reasonable driver would have done in the same situation
• That the driver was in violation of a road safety rule that was designed to prevent exactly the type of accident that their violation caused to occur

If the driver was holding their device and manipulating the app when they caused a delivery vehicle accident, then you can point to a violation of § 46.2-818.2 and use this to create a presumption that they were negligent.

If the driver was not in direct violation of any of these driver safety laws, then you will need to demonstrate that a reasonably careful driver would not have made the same mistakes and that their behavior crossed the line into being unacceptably negligent. 

Monge & Associates understands the type of legal arguments to make in these cases. We have extensive experience representing victims of distracted driving accidents, and we will gather the necessary evidence and make sound legal arguments. 

This can include obtaining cell phone records and records of app usage to show how much time and attention the driver focused on the app instead of the road. We can also bring in accident reconstruction specialists, witnesses, and other experts who can testify about how the driver’s behavior was unreasonable and caused you harm as a result.

Who Can be Held Responsible If a Distracted Delivery Driver Caused a Crash to Occur?

If you can prove that the delivery driver was distracted when using the app, and that this distraction was the cause of your accident, you should be able to pursue a claim against the driver. 

However, there may also be other defendants to take action against as well.  For example, if the delivery driver is employed by the delivery company, then the company can be held vicariously liable for on-the-job negligence. 

Many delivery drivers, including those driving for Amazon, Uber, and DoorDash, are independent contractors, so those vicarious liability rules will not apply. However, some of these large companies have third-party liability coverage that applies when the driver is active in the app, so they may still provide insurance coverage for your losses. 

Monge & Associates will work to identify all of the defendants who can be held liable for your losses to maximize your chances of recovering all of your damages, including payment of medical bills, lost wages, pain and suffering, and emotional distress damages. 

Contact a Richmond Delivery Accident Lawyer for Help Today

Monge & Associates has extensive experience with distracted driving cases and delivery driver accidents. We’ll put our decades of legal knowledge to work for you, so give us a call or contact us online today to schedule a free consultation with a Richmond delivery accident lawyer to learn how we can help you to build the strongest possible claim.