Distracted driving is a leading cause of car accidents, claiming lives and causing injuries every day. In North Carolina, laws are in place to prevent distracted driving and hold negligent drivers accountable. If you’ve been involved in an accident caused by a distracted driver, understanding these laws and your rights is crucial to building a strong car accident claim.
This blog explores the dangers of distracted driving, the laws in North Carolina designed to combat it, and how a skilled car accident lawyer can help victims pursue justice and compensation.
The Dangers of Distracted Driving
Distracted driving occurs when a driver’s attention is diverted from the road. It can take many forms, all of which compromise safety and increase the risk of accidents.
Common Types of Distracted Driving
- Texting or Using a Smartphone: Texting is one of the most dangerous distractions, as it involves manual, visual, and cognitive attention.
- Eating or Drinking: Consuming food or beverages can cause drivers to take their hands off the wheel and their eyes off the road.
- Adjusting Controls: Changing radio stations, GPS settings, or air conditioning can lead to a loss of focus.
- Talking to Passengers: While conversing with others, drivers may become distracted and less attentive to their surroundings.
- Daydreaming: Mental distractions, such as stress or fatigue, can be just as dangerous as physical distractions.
The consequences of distracted driving are severe. According to the National Highway Traffic Safety Administration (NHTSA), thousands of lives are lost annually due to distracted driving, and countless more suffer injuries.
North Carolina’s Distracted Driving Laws
North Carolina takes distracted driving seriously and has implemented laws to address this growing threat. These laws aim to prevent accidents by discouraging unsafe behaviors and holding drivers accountable.
Key Distracted Driving Laws in North Carolina
Here are some of the biggest and most important distracted driving laws in North Carolina.
- Texting While Driving: Texting or emailing while driving is prohibited for all drivers in North Carolina, regardless of age or driving experience. This ban applies to reading, writing, or sending text-based communications while operating a vehicle.
- Cell Phone Use for Young Drivers: Drivers under the age of 18 are not allowed to use cell phones or other mobile devices while driving, except in emergencies.
- School Bus Drivers: School bus drivers are prohibited from using any mobile device while driving, ensuring the safety of children on board.
- Penalties for Violations: Drivers caught violating distracted driving laws may face fines, court costs, and points on their driving record. These penalties are designed to deter unsafe behaviors and reduce the likelihood of accidents.
How North Carolina Laws Protect Victims
Victims of distracted driving accidents have legal protections that allow them to hold negligent drivers accountable and seek compensation for their injuries.
Proving Negligence in a Distracted Driving Accident
To succeed in a car accident claim, the victim must demonstrate that the at-fault driver’s distraction caused the accident. Evidence that can support such claims includes:
- Phone Records: Subpoenaed phone records can show whether the driver was texting or using their phone at the time of the accident.
- Witness Testimony: Eyewitnesses can attest to observing the driver engaging in distracting behaviors.
- Surveillance Footage: Traffic cameras or nearby business cameras may capture the driver’s actions leading up to the crash.
- Police Reports: Law enforcement officers often note signs of distraction in their accident reports.
Compensation Available to Victims
Victims of distracted driving accidents may be entitled to compensation for various damages, depending on the severity of their injuries and the impact on their lives.
Types of Damages You May Recover
- Medical Expenses: Compensation for hospital bills, surgeries, medications, and physical therapy.
- Lost Wages: Recovery for income lost due to time off work or reduced earning capacity.
- Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: Reimbursement for repair or replacement of your vehicle and other damaged property.
An experienced personal injury lawyer can help calculate the full extent of your damages to ensure you pursue a fair settlement or verdict.
How a Car Accident Lawyer Can Help
Navigating a distracted driving accident claim can be challenging, especially when dealing with insurance companies and complex legal requirements. A knowledgeable car accident lawyer can be your advocate, ensuring your rights are protected and your claim is handled effectively.
Ways a Lawyer Can Assist You
Here are some of the ways a knowledgeable lawyer can help you in cases like this.
- Investigating the Accident: Your attorney will gather evidence, review police reports, and interview witnesses to establish the at-fault driver’s negligence.
- Negotiating with Insurers: Insurance companies often attempt to minimize payouts. A lawyer will negotiate on your behalf to secure the compensation you deserve.
- Proving Liability: By presenting compelling evidence, your lawyer can demonstrate that the distracted driver was responsible for the accident and your injuries.
- Representing You in Court: If a fair settlement cannot be reached, your lawyer will take your case to trial and advocate for you before a judge and jury.
Having legal representation gives you the best chance of achieving a favorable outcome while allowing you to focus on your recovery.
Steps to Take After a Distracted Driving Accident
If you’re involved in an accident caused by a distracted driver, taking the following steps can strengthen your claim and protect your rights:
- Call 911: Report the accident to the police and request medical assistance if needed.
- Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses.
- Seek Medical Attention: Even if injuries seem minor, see a doctor to ensure your health and document your condition.
- Notify Your Insurance Company: Report the accident to your insurer but avoid admitting fault or making speculative statements.
- Contact a Lawyer: Consult a car accident lawyer to evaluate your case and guide you through the claims process.
Frequently Asked Questions About Distracted Driving Accidents
Here are some of the most common questions people ask about distracted driving accidents.
Can I file a claim if I was partially at fault?
No, North Carolina follows a contributory negligence rule, meaning you can recover damages only if you were not at fault for the accident.
How long do I have to file a claim?
The statute of limitations for filing a car accident claim in North Carolina is generally three years from the date of the accident.
Can a lawyer help if the driver denies being distracted?
Absolutely. A lawyer can investigate the circumstances, obtain phone records, and gather evidence to prove the driver’s distraction and liability.
Call Schehr Law: Your Partner in Distracted Driving Claims in North Carolina
Distracted driving accidents can have life-altering consequences, but you don’t have to face the aftermath alone. At Schehr Law, we are committed to helping victims of distracted driving accidents seek justice and recover the compensation they are looking for.
If you’ve been injured in a car accident caused by a distracted driver, call 980-577-3186 or fill out our online contact form to schedule a free consultation with one of our experienced personal injury lawyers. We work with clients in Charlotte and across North Carolina.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.