Texting and Driving Accident Lawyers

Texting and Driving Accident Lawyers in Raleigh

Distracted driving has become one of the leading causes of traffic accidents across North Carolina and the nation. Despite widespread awareness of the dangers, countless drivers continue to use their phones behind the wheel, placing everyone on the road at risk. Our texting and driving accident lawyers represent victims injured by drivers who chose to text, email, or otherwise use their phones instead of focusing on safe vehicle operation. Our texting and driving accident lawyers are committed to holding distracted drivers accountable and securing full compensation for those harmed by their negligence.

Can I Sue If I Was Injured in a Texting And Driving Accident?

Yes, you can sue if you were injured in an accident caused by a texting driver. When a driver violates North Carolina's texting while driving laws or causes a crash due to phone-related distraction, they breach their duty to operate their vehicle safely. You can file a lawsuit against the distracted driver to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages. If the driver was texting for work purposes, their employer may also bear liability. Evidence such as cell phone records, witness testimony, and police reports can prove the driver was distracted at the time of the collision.

However, North Carolina's contributory negligence rule means that if you are found even partially at fault for the accident, you may be barred from recovering compensation. This makes it critical to work with a texting while driving accident lawyer who can build a strong case proving the distracted driver's complete responsibility while protecting you from unfair allegations of contributing to the crash. Given the three-year statute of limitations for filing personal injury claims in North Carolina, consulting with an attorney promptly ensures your rights are protected and allows for thorough evidence gathering while details are fresh and records are accessible.

Financial Compensation You Can Pursue in a Texting and Driving Accident Claim

Understanding the full scope of compensation available after a texting while driving accident is crucial to your financial recovery and future well-being. At The Law Offices of John M. McCabe, our texting and driving accident lawyers help victims pursue all damages they're entitled to receive under North Carolina law.

Types of Compensation Available

• Medical Expenses: All costs related to treating your injuries, including emergency room care, hospitalization, surgeries, diagnostic testing, prescription medications, physical therapy, rehabilitation services, medical equipment, and future medical treatment required due to the distracted driver's negligence.
• Lost Wages: Compensation for all income you've lost while recovering from your texting-related accident injuries, including missed work days, salary or hourly wages, commissions, bonuses, and benefits you would have earned during your recovery period.
• Loss of Earning Capacity: Damages for your reduced ability to earn income in the future if your injuries prevent you from returning to your previous occupation, require a career change, or limit your working hours and advancement opportunities.
• Pain and Suffering: Compensation for the physical pain, discomfort, and ongoing suffering you've endured and will continue to experience as a direct result of the distracted driver's negligent actions.
• Emotional Distress: Damages for psychological impacts including anxiety, depression, post-traumatic stress disorder, sleep disturbances, fear of driving, and other mental health conditions caused by the texting while driving accident.
• Permanent Disability or Disfigurement: Compensation when your injuries result in lasting physical impairments, limitations in mobility or function, visible scarring, or permanent changes to your appearance that affect your quality of life.
• Loss of Enjoyment of Life: Damages for your inability to participate in hobbies, recreational activities, family events, and daily pleasures you enjoyed before the accident caused by the distracted driver.
• Property Damage: Reimbursement for the repair or replacement value of your vehicle and any personal belongings damaged or destroyed in the texting-related collision.
• Loss of Consortium: Compensation available to your spouse for the loss of companionship, intimacy, affection, household services, and support resulting from your injuries.
• Punitive Damages: Additional damages awarded in cases where the distracted driver's conduct was particularly reckless, willful, or demonstrated a conscious disregard for the safety of others, designed to punish the wrongdoer and deter similar behavior.

Maximizing Your Recovery

The total value of your texting while driving accident claim depends on the severity of your injuries, the strength of evidence proving distraction, and the quality of your legal representation. Our car accident lawyers at The Law Offices of John M. McCabe thoroughly document every aspect of your damages and fight aggressively to ensure you receive full compensation that accounts for both your current losses and future needs. Contact us today for a free consultation to discuss the compensation available in your case.

How a Texting and Driving Accident Lawyer Can Maximize Your Compensation

Pursuing a distracted driving claim without legal representation often results in significantly lower settlements and overlooked sources of recovery. At The Law Offices of John M. McCabe, our texting and driving accident lawyers use proven strategies to maximize the compensation our clients receive.

Our Approach to Maximizing Your Recovery

• Obtaining Cell Phone Records: Our texting and driving accident lawyers subpoena the at-fault driver's phone records to prove they were texting, calling, or using apps at the time of the crash, providing definitive evidence that strengthens your claim and increases settlement value.
• Thorough Evidence Collection: Our texting and driving accident lawyers gather all available evidence including police reports, witness statements, surveillance footage, traffic camera recordings, and physical evidence from the accident scene to build an irrefutable case of distracted driving.
• Expert Witness Collaboration: Our texting and driving accident lawyers work with accident reconstruction professionals, medical specialists, vocational rehabilitation consultants, and economic analysts who provide compelling testimony supporting the full value of your texting while driving accident claim.
• Comprehensive Damage Documentation: Our texting and driving accident lawyers meticulously document all your injuries, medical treatments, lost income, diminished earning capacity, and non-economic losses to ensure no aspect of your damages is overlooked or undervalued.
• Identification of All Liable Parties: Our texting and driving accident lawyers investigate whether the distracted driver was working at the time of the crash, identifying employer liability and additional insurance coverage sources that increase your potential recovery.
• Strategic Insurance Negotiations: Our texting and driving accident lawyers handle all communications with insurance companies, countering lowball offers and delay tactics while negotiating aggressively for settlements that reflect the full extent of your damages and the reckless nature of texting while driving.
• Protection Against Contributory Negligence: Our texting and driving accident lawyers build strong defenses against allegations that you contributed to the accident, which is critical in North Carolina where any finding of fault on your part can completely bar your recovery.
• Pursuit of Punitive Damages: When evidence shows the distracted driver acted with gross negligence or willful disregard for safety, our texting and driving accident lawyers pursue punitive damages in addition to compensatory damages to maximize your total recovery.
• Trial Preparation and Readiness: Our texting and driving accident lawyers prepare every texting while driving accident case for trial from the beginning, demonstrating to insurance companies our commitment to fighting for full compensation in court if necessary.
• Timely Legal Action: Our texting and driving accident lawyers ensure all paperwork is filed correctly and within North Carolina's strict deadlines, protecting your right to pursue compensation while evidence is fresh and witnesses' memories are clear.
• Accurate Future Cost Projection: Our texting and driving accident lawyers work with medical and economic professionals to calculate the long-term costs of your injuries, including future medical care, ongoing therapy, and permanent lifestyle modifications required due to the accident.
• Contingency Fee Representation: Our texting and driving accident lawyers handle texting while driving accident cases on a contingency basis, meaning you pay no attorney fees unless our texting and driving accident lawyers recover compensation, allowing you to access quality legal representation without upfront costs or financial risk.

The Value of Experienced Representation

Insurance companies are more likely to offer fair settlements when they know you have a dedicated personal injury lawyers who understands how to prove distracted driving and won't accept inadequate compensation. Our texting and driving accident lawyers have the resources, knowledge, and determination to maximize your recovery while you focus on healing. Contact us today for a free consultation to learn how we can help you pursue the full compensation you deserve.

Injuries Associated with Texting and Driving Accidents

Distracted driving crashes often occur at full speed with no braking, resulting in high-impact collisions that cause severe and life-altering injuries. At The Law Offices of John M. McCabe, our texting and driving accident lawyers represent victims suffering from a wide range of serious injuries caused by negligent distracted drivers.

Common Injuries from Distracted Driving Crashes

• Traumatic Brain Injuries: Head trauma ranging from concussions to severe brain damage occurs when occupants strike the steering wheel, dashboard, windshield, or side windows during high-speed collisions caused by texting drivers who failed to brake or take evasive action.
• Whiplash and Neck Injuries: Cervical sprains, strains, herniated discs, and soft tissue damage to the neck result from the sudden, violent forces in rear-end collisions, which are the most common type of texting while driving accident.
• Spinal Cord Injuries: Damage to the spine can cause partial or complete paralysis, chronic pain, loss of sensation, and permanent mobility impairments requiring wheelchairs, assistive devices, and lifelong medical care.
• Broken Bones and Fractures: Arms, legs, ribs, hips, wrists, ankles, and facial bones frequently break during the violent impact of distracted driving crashes, often requiring surgical repair with pins, plates, or rods.
• Internal Organ Damage: Blunt force trauma to the chest and abdomen can cause internal bleeding, ruptured organs, liver and spleen injuries, and other life-threatening conditions that may not be immediately apparent after the collision.
• Chest Injuries: Broken ribs, sternum fractures, collapsed lungs, and cardiac injuries result from seatbelt forces and impact with the steering wheel during crashes caused by inattentive drivers.
• Lacerations and Scarring: Broken glass, torn metal, and contact with vehicle components create deep cuts, severe wounds, and permanent scarring that may require reconstructive surgery and cause lasting disfigurement.
• Knee and Leg Injuries: Dashboard impact commonly causes patella fractures, ligament tears, shin injuries, and soft tissue damage that can result in chronic pain and mobility limitations.
• Shoulder Injuries: Rotator cuff tears, dislocations, fractures, and soft tissue damage occur from seatbelt forces and bracing for impact during texting-related collisions.
• Facial Injuries: Airbag deployment, windshield impact, and contact with the steering wheel or dashboard can cause broken facial bones, dental injuries, eye damage, and permanent facial scarring.
• Psychological Trauma: Post-traumatic stress disorder, anxiety, depression, panic attacks, and fear of driving or riding in vehicles are common after being injured by a distracted driver's negligence.
• Burn Injuries: When texting while driving accidents result in fires or fuel leaks, victims may suffer severe thermal burns requiring skin grafts, multiple surgeries, and lengthy rehabilitation.

Getting the Help You Need

The severity of injuries in distracted driving crashes demands immediate medical attention and strong legal representation. If you've suffered any of these injuries because a driver chose to text instead of focus on the road, our car accident lawyers at The Law Offices of John M. McCabe can help you pursue compensation for your medical expenses, lost wages, pain and suffering, and all other damages. Contact our Raleigh office today for a free consultation to discuss your texting while driving accident injury claim and learn how we can fight for the recovery you deserve.

Who May Be Liable for Your Texting While Driving Accident Injuries

Determining liability in distracted driving cases requires thorough investigation, as multiple parties may share responsibility for your injuries. Our texting and driving accident lawyers identify all potentially liable parties to maximize your available compensation.

Potentially Responsible Parties in Distracted Driving Crashes

• The Distracted Driver: The motorist who caused the accident while texting, emailing, using social media, or otherwise operating their phone bears primary liability for violating North Carolina's distracted driving laws and breaching their duty to drive safely.
• Employers: Companies whose employees cause texting while driving accidents while conducting business, responding to work emails or texts, or operating within the scope of employment face vicarious liability for damages caused by their workers.
• Corporate Entities: Businesses that maintain policies requiring immediate responses to communications, pressure employees to stay constantly available, or fail to implement clear distracted driving prohibitions may share liability when their culture contributes to texting-related crashes.
• Vehicle Owners: Individuals or companies who own vehicles involved in distracted driving accidents may bear liability under North Carolina's negligent entrustment doctrine if they allowed someone they knew to be a dangerous or distracted driver to operate their vehicle.
• Parents or Guardians: Adults who provide vehicles to minor drivers with known histories of texting while driving or who fail to adequately supervise young drivers may face liability when these teenagers cause accidents due to phone distraction.
• Rideshare Companies: Transportation network companies like Uber and Lyft may be liable when their drivers cause texting while driving accidents while logged into the app, transporting passengers, or otherwise working for the platform.
• Delivery Service Companies: Businesses employing delivery drivers who cause distracted driving crashes while checking orders, using navigation apps, or communicating with customers or dispatch may bear responsibility for resulting injuries.
• Trucking Companies: Commercial carriers whose truck drivers cause accidents while texting face potential liability, particularly if the company failed to enforce distracted driving policies, provide adequate training, or monitor driver behavior.
• App Developers: In limited circumstances, companies that create addictive or distracting applications designed to capture constant user attention may face liability when their products contribute to distracted driving accidents, though these cases are complex and rare.
• Vehicle Manufacturers: Auto makers may share liability if poorly designed infotainment systems, confusing controls, or features that encourage phone interaction while driving contribute to distraction and resulting texting while driving accidents.
• Other Negligent Drivers: Additional motorists who contributed to the accident through their own negligence may share liability, expanding the sources of available compensation for your injuries.
• Insurance Companies: While not directly liable for causing the accident, multiple insurance policies including the at-fault driver's liability coverage, employer policies, and your own underinsured motorist coverage may provide compensation sources.

Why Choose Our Texting and Driving Accident Lawyers?

When a distracted driver's negligence changes your life, choosing the right legal representation is critical to your recovery and financial future. The Law Offices of John M. McCabe provides dedicated, results-driven advocacy for texting while driving accident victims throughout Raleigh and North Carolina.

What Sets Us Apart

• Proven Ability to Prove Distraction: Our texting and driving accident lawyers know how to obtain cell phone records, subpoena digital evidence, and work with technological experts to definitively prove the at-fault driver was distracted, building compelling cases that maximize your compensation.
• Personalized Client-Focused Service: Our texting and driving accident lawyers treat every client with the individual attention and respect they deserve, taking time to understand your unique circumstances, keeping you informed throughout the legal process, and remaining accessible when you have questions or concerns.
• No Upfront Costs or Fees: Our texting and driving accident lawyers handle all texting while driving accident claims on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you, eliminating financial barriers to quality legal representation.
• Aggressive Advocacy Against Insurance Companies: Our car accident lawyers have extensive experience negotiating with insurers who try to minimize distracted driving claims, and we're fully prepared to take your case to trial if they refuse to offer fair compensation.

Your Recovery Is Our Mission

Our texting and driving accident lawyers understand the anger and frustration you feel after being injured by a driver who chose to text instead of paying attention to the road. Our texting and driving accident lawyers are committed to holding negligent drivers accountable and securing every dollar you deserve for your medical expenses, lost income, pain and suffering, and future needs. Contact our Raleigh office today for a free, confidential consultation to discuss your case and learn how we can help you pursue justice and full compensation.

Contact Our Raleigh Texting and Driving Accident Lawyers Today

If you or a loved one has been injured by a distracted driver, don't wait to protect your rights. The Law Offices of John M. McCabe offers free, confidential consultations to evaluate your case and discuss your legal options. Our texting and driving accident lawyers are ready to hold negligent drivers accountable and fight for the full compensation you deserve. Contact us today to get started on your path to justice and recovery.

Texting and Driving Accident FAQs

How can I prove the other driver was texting if they deny it? Even when drivers deny phone use, our texting and driving accident lawyers can obtain cell phone records through legal discovery that show exactly when calls were made, texts were sent, or apps were accessed. Our texting and driving accident lawyers also gather witness testimony from other motorists or passengers who saw the driver using their phone, review surveillance footage from nearby businesses or traffic cameras, and analyze the accident scene for evidence like lack of skid marks indicating complete inattention.

What should I do immediately after being hit by a distracted driver? Call 911 to report the accident and request medical attention even if you don't feel injured, as some serious conditions don't present immediate symptoms. If possible, observe whether the at-fault driver was holding a phone or if you saw them texting before the crash, and mention these observations to the responding police officer. Take photos of the accident scene, vehicle damage, and any visible phone in the other vehicle, and collect contact information from witnesses who may have seen the driver's distraction.

Will my case be worth more because the driver was texting? Texting while driving accident cases often result in higher settlements because the driver's conduct demonstrates clear negligence and willful disregard for safety, particularly when they violated North Carolina's texting laws. Jurors and insurance companies recognize that texting while driving is completely preventable and shows conscious recklessness, which can increase both compensatory damages and the potential for punitive damages in your favor.

What if the texting driver's insurance company says I'm partially at fault? Insurance companies frequently try to shift partial blame to victims to reduce their payouts, but North Carolina's contributory negligence rule means any fault attributed to you could bar your entire recovery. Our texting and driving accident lawyers aggressively defend against these tactics by building strong evidence proving the distracted driver's complete responsibility while protecting you from unfair allegations.

Can I still recover compensation if I wasn't wearing my seatbelt when the texting driver hit me? North Carolina law generally prohibits defendants from introducing evidence of non-seatbelt use to reduce your damages in most cases. However, the defense may argue that not wearing a seatbelt contributed to the severity of your injuries, which is why working with an experienced car accident lawyer is crucial to protecting your right to full compensation.

What if the driver who hit me was texting for work when the accident happened? If the distracted driver was responding to work emails, texts, or conducting business when they hit you, their employer may be liable in addition to the driver. This is advantageous because it provides access to the employer's insurance policy and assets, significantly increasing the total compensation available for your injuries.

How long will it take to resolve my case against a texting driver? The timeline varies based on the severity of your injuries, the strength of evidence proving distraction, and whether the case settles or goes to trial. Simple cases with clear liability may resolve in several months, while complex texting while driving accident claims involving severe injuries or disputed fault can take one to three years, but we work efficiently to maximize your recovery as quickly as possible.

What if I accepted a friend request or spoke with the texting driver who hit me after the accident? Do not communicate with the at-fault driver directly, as anything you say could be misconstrued or used against you in your claim. Politely decline any contact and direct them to your texting while driving accident lawyer, and avoid accepting social media requests or engaging in any discussions about the accident outside of the legal process.

Can I recover compensation for emotional trauma after being hit by a distracted driver? Yes, you can pursue damages for psychological injuries including post-traumatic stress disorder, anxiety, depression, and fear of driving that resulted from being hit by a texting driver. These non-economic damages recognize that accidents cause more than just physical harm, and our firm documents the full impact on your mental health and quality of life.

What if my injuries from the texting driver accident seemed minor at first but got worse? Many injuries including soft tissue damage, concussions, and internal injuries don't present immediate symptoms but worsen over time. This is why you should never accept quick settlement offers before understanding the full extent of your injuries, and why consulting a texting while driving accident lawyer early protects your right to compensation for all injuries that develop.

Will I have to go to court and testify about the accident? Most texting while driving accident cases settle before trial through negotiation, so you likely won't need to testify in court. However, if your case does proceed to trial, our lawyers thoroughly prepare you for testimony and guide you through the process, and your testimony helps the jury understand the full impact the distracted driver's negligence had on your life.

What if the texting driver who hit me doesn't have enough insurance to cover my injuries? If the at-fault driver carries insufficient insurance, you may be able to recover additional compensation through your own underinsured motorist coverage if you carry this protection. Our car accident lawyers also investigate other potential sources of recovery, including employer liability if the driver was working, or claims against other parties who contributed to the accident.

Can I sue if the texting driver who hit me only received a traffic ticket? Yes, you can file a civil lawsuit for compensation regardless of whether the driver received criminal charges or traffic citations. Civil cases have different standards of proof than criminal cases, and the driver's violation of texting laws actually helps prove negligence in your civil claim even if they only received a minor ticket.

What happens to my medical bills while my case is pending against the texting driver? You remain responsible for paying medical bills as they come due, though many healthcare providers work with accident victims on payment plans. Your own health insurance or medical payments coverage may cover initial treatment, and once your case resolves, the settlement or verdict compensates you for all medical expenses including those already paid by insurance.

Should I accept the texting driver's insurance company's first settlement offer? Never accept an initial settlement offer without consulting a texting while driving accident lawyer, as these early offers are typically far below the true value of your claim. Insurance companies make lowball offers hoping you'll accept before understanding the full extent of your injuries, future medical needs, and other damages you're entitled to recover.