In North Carolina, the law is clear: Texting and driving are illegal. When a driver has been cited in the past with texting, their behavior may be labeled willful and wanton. In addition, punitive damages may be available to the injured party. If a distracted driver has injured you, call the top distracted driving lawyer in the state.
Texting, radio, alcohol, cell phones, and other forms of distraction are all negligence. When negligence occurs, and you are injured or lose a loved one, you are likely owed compensation. We are highly experienced auto accident attorneys with a track record of numerous six- and even seven-figure awards following car crashes in North Carolina.
Distracted driving is a major problem in the United States, and it can take many forms.
According to the US Department of Transportation, "any activity that diverts attention from the task of driving is a form of distraction. This includes:
The results of a study by the National Highway Traffic Safety Administration (NHTSA) show that drivers using cell phones are four times more likely to get into crashes because of visual distractions and cause injury. Texting while driving is even more dangerous for them; according to a study by the Virginia Tech Transportation Institute (VTTI), when distracted drivers take their eyes off the road to text, they are 23 times more likely to have a fatal crash.
Distracted driving accidents are becoming increasingly common in North Carolina. According to the North Carolina Department of Motor Vehicles, distracted driving was a factor in 28% of fatal car accidents in 2018. Additionally, drivers under 20 years old have the highest number of distracted driving crashes, making it an especially concerning issue for younger drivers.
If you have been in a car accident caused by a distracted driver, it will help to have a lawyer. You must remember that insurance companies only look out for their bottom line and not what's best for you. Our team of lawyers will advocate for you and get you the most compensation possible under the law.
We can conduct the investigation necessary to uncover your accident's truth and aggressively pursue the compensation you deserve. For instance, was the negligent driver texting or talking on the phone when the accident occurred? We can subpoena their phone records. We can also interview passengers and other witnesses in our pursuit of damages, including punitive damages. A thorough investigation of distracted-driver cases may require litigation because only litigation can compel parties to turn over cell phone records and other critical evidence. Please get in touch with our office to discuss your car accident case at no charge with an experienced lawyer.
We work on a contingency basis for all personal injuries, including vehicle accidents. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.We offer contingency fee schedules for other practice areas, such as:
We welcome the opportunity to talk with you about your accident case. To schedule a free consultation, contact our firm by calling 919-899-9852 or toll-free at 866-907-1145.
As per the National Highway Transportation Safety Administration, distracted driving constitutes driving while participating in an activity that takes your attention off the roadway. Such behavior dramatically increases the chances of being involved in an accident.
Whatever might take a driver's eyes off the road is a distraction. Sending or reading a text message from a cell phone or using an infotainment center are two of the most common forms of distraction. According to the NHTSA, here are the three significant types of driver distraction:
Visual driving distractions and when drivers take their eyes off the roadway. Other car accidents, billboards, or something happening down the road can cause drivers to lose focus.
When drivers take one or both hands off the steering wheel, they are manually distracted from driving. Some common ways a driver can be manually distracted are:
When drivers daydream or ignore the roadway and traffic conditions, they are cognitively distracted. Something as simple as planning what you're going to make for dinner can cause you to become distracted in the task of driving.
The NHTSA also reports that in 2018, more than 2,800 people died from distracted driving accidents. Another 400,000 were injured. About 20% of those who died weren't even in motor vehicles. Instead, they were pedestrians and cyclists.
Here are few helpful tips if you were injured in a motor vehicle accident by a distracted driver.
If you were injured due to the carelessness and negligence of a distracted driver, call 911 immediately. Never get talked out of doing that under any circumstances. It's doubtful you'll have a case against that driver without a police investigation. The investigating police officer can obtain appropriate information and complete an accident report. At the same time, paramedics can assess and stabilize your condition and take you to a nearby emergency room for diagnostics and treatment.
Don't give the distracted driver's insurance company any statement. You're likely to damage your case if you do so. The law doesn't require you to provide an account without a distracted driving attorney being present on your behalf. Don't believe the opposing insurer's adjuster if you're told you don't need an attorney for your claim. They are only trying to gain an advantage with the intent of using your own words against you in the future.
The Law Offices of John M. McCabe has decades of experience helping accident victims recover the maximum compensation for their injuries. We offer FREE consultations to go over your legal options.
Yes, you could potentially recover fair compensation after an accident caused by a distracted driver. Depending on the specifics of the situation and applicable local laws, you may be able to bring a personal injury claim against the driver or the responsible party to seek damages for medical expenses, pain and suffering, and lost wages. The main categories of damages are:
Economic damages are losses that arise from an injury or harm to another’s property, business, or finances. Economic damages include:
Non-economic damages are types of damages in personal injury cases that cannot be quantified or measured. These include:
Punitive damages are a type of legal damages that a court will award in order to punish the wrongdoer for egregious misconduct or to set an example for other potential violators. They are generally in addition to any other compensatory damages that were awarded.
The statute of limitations for distracted driving car accidents in North Carolina is two years. While that sounds like a long time, it often can take that long to gather the information and settle.
After being injured in an accident caused by a distracted driver, preserve and protect your rights by contacting an experienced and reputable personal injury lawyer immediately. Nearly all of them offer free consultations and case reviews for prospective clients. The sooner you retain a personal injury attorney to file a distracted driving accident case, the sooner you can get the compensation you deserve.