AI Insights Key Takeaways
- You generally have 3 years from the crash to file a car accident injury lawsuit in North Carolina (2 years for wrongful death).
- North Carolina's pure contributory negligence rule can bar recovery if you're found even partly at fault, so what you say to insurers matters.
- Schehr Law PLLC handles Charlotte distracted driving accident cases on contingency, no fee unless we win.
General information, not legal advice. Every case is different — talk to an attorney about yours.
Charlotte Texting & Driving Accident Attorney Serving North Carolina
With a distracted driver behind the wheel, it doesn’t take much for an accident to happen. Depending on the level of distraction, the driver may not even attempt to slow down or otherwise avoid the crash, instead striking victims with full force. If you have been injured because of the careless actions of an inattentive driver, you need an experienced distracted driving accident lawyer in Charlotte, NC, on your side throughout the difficult path ahead.
Schehr Law PLLC helps victims injured by distracted drivers get financial compensation for all of the losses they have suffered. We’re ready to help you prove the distracted driver’s negligence, establish the full extent of your losses, and receive an award that makes you financially whole. Contact us today to get started with a free consultation.
Distracted Driving Accident Claims in Charlotte, NC
In Charlotte and throughout North Carolina, distracted driving is a prevalent hazard. The NC Division of Motor Vehicles reported that distracted driving was involved in 47,327 motor vehicle accidents in North Carolina in 2022. These crashes resulted in 19,072 injuries and 164 fatalities.
Unfortunately, driver distraction is an even bigger problem in North Carolina than in many other states. Insurance company USAA reported in 2023 that, based on data collected through the company’s telematics app, NC ranks fifth in the nation for distracted driving, with a distraction rate of 15.8%. The NCDMV put the number of crashes that involved driver distraction, based on self-reported data, at 17.3% in 2022.
A worryingly large proportion of drivers aren’t giving the road their full attention. The accidents these drivers cause often leave innocent victims paying the price.
To make the roads safer, North Carolina has implemented laws that pertain to distracted driving, including laws that prohibit texting while driving. Reading text messages and reading or writing emails while the vehicle is in motion are also prohibited.
Even forms of distracted driving that aren’t explicitly prohibited under North Carolina’s texting and driving law can still constitute negligence if the driver’s conduct breaches the duty they have to others on the road. Under state law, victims of motor vehicle accidents of all kinds have the legal right to seek compensation for their damages from a negligent party. Schehr Law PLLC can assist you in securing this compensation.
Types of Driving Distractions
In some instances, it’s easy for an accident victim to determine whether distracted driving played a role in their accident. The driver might admit to having been texting, daydreaming, or turning around to talk to a child in the backseat. Alternatively, you, a responding police officer, or a witness might state that they saw the driver on the phone, eating, or grooming themselves.
In other instances, you might not know whether the motorist who hit you was distracted or whether their inattentive conduct was serious enough to constitute distracted driving under the law. A thorough investigation by a distracted driving accident lawyer in Charlotte, NC, can shed light on the cause of your accident, including whether the other driver was distracted.
Distracted driving encompasses all activities a motorist might engage in that aren’t directly related to operating the vehicle and could divert the driver’s attention. These activities generally interfere with a motorist in one or more of three ways:
- Manual distractions, any distraction that requires the use of your hands for a purpose besides operating the vehicle.
- Cognitive distractions, anything that takes a driver’s mental focus off the task of driving, such as talking to passengers. Motorists may not even realize they are distracted.
- Visual distractions, anything that requires drivers to take their eyes off the road, including checking maps and GPS navigation systems.
Some distractions affect drivers in more than one way. For example, part of what makes texting and driving so dangerous is its ability to take drivers’ fingers off the steering wheel, eyes off the road, and minds off the task of driving simultaneously.
Examples of Distracted Driving
Given the breadth of possible activities that can divert a driver’s attention, distracted driving examples are plentiful:
- Texting and driving
- Personal grooming, including brushing hair and applying makeup
- Eating and drinking, which requires taking one or both hands off the wheel
- Adjusting the radio, temperature, or other controls
- Checking or changing routes in navigation systems
- Talking to passengers, especially children in the backseat
- Watching activities outside the vehicle, including people, animals, advertisements, or accident scenes
- Daydreaming or becoming lost in thought
A thorough investigation by a Charlotte texting and driving accident attorney at Schehr Law PLLC can often uncover evidence of distracted driving of any type. As we build your claim for compensation, we will use this evidence to establish the at-fault driver’s negligence and their liability for your injuries.
North Carolina’s Texting-While-Driving Law
North Carolina law makes it illegal to text or email behind the wheel. Under N.C.G.S. § 20-137.4A, a driver may not manually enter or read text messages or email while operating a vehicle, and a violation is an infraction carrying a $100 fine. Notably, the statute says breaking this law does not by itself count as negligence in a civil case, so our job is to show how the distraction actually caused your crash, using evidence like phone records, witness accounts, and the police investigation. Because North Carolina follows contributory negligence, building that proof carefully is essential.
What to Do After a Distracted Driving Crash in Charlotte
No matter who was at fault, the steps you take right after the crash protect both your health and your claim. Here is what our Charlotte distracted driving accident attorneys tell clients to do:
- Get to Safety & Call 911. It brings help and starts the crash report.
- Accept Medical Care. Some injuries surface hours or days later.
- Note What the Driver Was Doing. Phone in hand, eating, or looking away?
- Photograph Everything. The vehicles, scene, and your injuries.
- Find Witnesses. They may have seen the driver on a phone.
- Talk to a Lawyer First. Phone records can be preserved with the right steps.
What Not to Do After a Distracted Driving Crash
These are the missteps insurers count on, and the ones that most often sink an otherwise strong claim:
- Don’t Admit Fault. Not even a reflexive “I’m sorry.”
- No Recorded Statement. Not to the at-fault driver’s insurer.
- Don’t Take the First Offer. Or sign any release.
- Stay Off Social Media. Insurers are watching your posts.
- Don’t Skip Treatment. Gaps let adjusters dispute your injuries.
How Schehr Law PLLC Can Help
Whether or not distracted driving contributed to your accident, you will need to go through a formal claims process and potentially litigation to receive the compensation you deserve. Having an experienced attorney guide you through this process offers significant advantages, including less hassle and a professionally prepared claim that puts you on the path to maximum compensation. Our proven approach includes:
- Evaluating your case during a free consultation
- Investigating and fact-gathering
- Filing all claims paperwork and legal documents
- Documenting the distracted driver’s negligence and the extent of your damages
- Representing your interests throughout the process, including in any legal proceedings
- Negotiating a settlement for you or taking your case to court if necessary
- Assisting with the resolution of your claim, including negotiating down your medical bills when feasible
As a Charlotte texting and driving accident attorney, Schehr Law PLLC is prepared to assist you with every aspect of your claim. We handle the legal process for you so you can focus on healing.
Why Choose Schehr Law PLLC
When you need a Charlotte texting and driving accident attorney, who you choose to handle your case matters. At Schehr Law PLLC, our team is known for a combination of tough legal representation and caring client service, all at no upfront cost.
Aggressive Representation
Schehr Law PLLC has a well-deserved reputation for being tough on defendants. To hold the driver who hurt you accountable, we’ll dig deep to uncover evidence of distracted driving and negotiate aggressively to secure maximum compensation. This approach has helped us obtain more than $10 million for clients since our firm’s founding in 2020.
Compassionate, Personalized Service
We serve our clients with the utmost compassion and a commitment to individualized attention. Once you retain our team, we welcome you into the Schehr Law PLLC family. Having seen firsthand how clients are treated as little more than case numbers at some of the big law firms, our focus is to always treat you as an individual and address your unique needs and concerns.
Our No Fee Guarantee
Many accident victims worry that they can’t afford skilled legal representation while coping with the financial hardships of an injury. Schehr Law PLLC handles your case on a contingency basis, so you pay nothing upfront for our services.
Frequently Asked Questions
What is distracted driving?
Distracted driving occurs when a motorist’s attention is diverted from the task of operating the vehicle by any activity or entity. Texting and driving is a form of driver distraction, but so are eating, drinking, adjusting navigation systems, and even talking to passengers. A thorough investigation of an accident can often reveal activities that constitute distracted driving.Some forms of distracted driving are against state law in North Carolina, but even those that aren’t illegal can still constitute negligence when they contribute to an accident.
What makes texting and driving so dangerous?
Driver distractions may affect a motorist’s physical control of the vehicle (their hands), their visual focus (their eyes), or their cognitive focus (their mind). Texting and driving is especially hazardous because this activity can distract drivers in all three ways at once. Drivers take their eyes off the road to read a message and their hands off the steering wheel to manually input text. Instead of mentally focusing on the road in front of them, their attention is on the message they just read and their own response.Reading and sending text messages may take only a matter of seconds, but those few seconds when the vehicle is advancing blindly down the road can put others in serious danger. A motorist who looks away from the road for just five seconds to send a text message while driving at 55 miles per hour can travel the length of an entire football field, potentially striking any vehicle, person, or fixed object in their path.
What injuries can I sue a distracted driver for?
Generally, a victim can seek compensation for any injuries that are significant enough to affect their life. Injuries in distracted driving accidents are often severe because the driver’s inattention and reduced reaction time means the other motorist may not even attempt to avoid the collision or minimize the impact. Examples of injuries that arise out of distracted driving accidents include traumatic brain injuries (TBIs), spinal cord injuries, and broken bones. Schehr Law PLLC’s distracted driving accident lawyer in Charlotte, NC, has experience assisting clients with all types of serious injury matters.
What compensation can I recover in a distracted driving accident injury claim?
Victims injured in accidents with distracted drivers can seek compensation for all of the damages that result from the collision, including their medical bills, any lost wages resulting from their accident, and their pain and suffering. Your Charlotte texting and driving accident attorney can help you identify all damages recognized under the law and seek full compensation for your losses.
Talk to a Distracted Driving Accident Lawyer Today
The sooner you consult an experienced attorney, the sooner you can begin taking control of your life back. We remove the hassle of a legal claim from your plate while pushing for the full compensation you’re entitled to. For help, contact us today or call (704) 900-0336.