Distracted driving accidents are one of the leading causes of car accidents on North Carolina roads. Thousands of driving accidents each year are caused by drivers who take their eyes off the road, hands off the wheel, or mind away from the task of operating a vehicle. Distracted driving in North Carolina is a growing problem, and the consequences of distractions can have devastating consequences for accident victims and their families. As a North Carolina car accident attorney, I see the aftermath of distracted driving crashes constantly, and the injuries are often severe because the driver never even tried to brake before impact.
North Carolina Distracted Driving Laws
North Carolina has specific distracted driving accident laws, though the scope is narrower than many people realize. NC distracted driving statutes include:
- Texting and driving is illegal for all drivers under N.C.G.S. 20-137.4A. Drivers are prohibited from reading, writing, or sending text messages or emails while operating a car or any motor vehicle. The fine is $100 plus court costs.
- Drivers under the age of 18 are prohibited from using a cell phone entirely while behind the wheel, including hands-free use.
- School bus operators cannot use a phone while driving.
However, the state of North Carolina does not have a general ban on handheld phone use while driving for adults. An adult can legally hold their phone while driving. But that does not mean it is safe, and it does not mean you cannot be found negligent if phone while driving causes an accident. North Carolina distracted driving laws apply to all forms of distracted driving, not just texting.
Forms of Distracted Driving That Cause Serious Accidents
Distracted driving is not limited to texting. There are three categories of distraction that lead to distracted driving crashes:
- Visual distraction: taking the driver’s eyes off the road. Looking at a GPS, glancing at a passenger, or rubbernecking.
- Manual distraction: taking your hands on the wheel away from the road. Eating while driving, adjusting the radio, or reaching for something in the back seat.
- Cognitive distraction: taking your mind away from the road. Daydreaming, having an intense conversation, or being emotionally upset.
Texting is the most dangerous because it involves all three forms of distracted driving at once. Sending or reading a text while driving takes your eyes on the road away for about five seconds. At highway speeds, that is like driving the length of a football field blind. Distracted driving accidents caused by texting are among the most serious accidents on North Carolina roads.
Proving a Distracted Driving Accident in North Carolina
Proving that the other driver was distracted when the accident caused your injuries can be challenging because drivers rarely admit to NC distracted driving. However, an experienced accident lawyer knows how to gather evidence including:
- Cell phone records. A subpoena can reveal calls, texts, or data usage at the time of the auto accident.
- App usage data. If the driver was on social media or streaming while operating a vehicle, that data may be recoverable.
- Witness statements. People who saw the driver looking at their phone can provide testimony about distracted driving in North Carolina.
- Dashcam or surveillance footage. Video evidence showing the driver was not paying attention is powerful in any distracted driving accident in North Carolina case.
- Accident reconstruction. The absence of skid marks or evasive action suggests the driver never saw you, consistent with distracted driving.
- Police report. If the officer noted distraction or issued a citation for texting and driving, that strengthens your case significantly.
Damages and Compensation for Distracted Driving Accident Victims
If you were injured in a car accident caused by distracted driving, you may be able to recover compensation for medical bills, lost wages, pain and suffering, emotional distress, and property damage. An accident victim of a North Carolina distracted driving accident may also have grounds for punitive damages in cases involving egregious conduct, such as a driver who was watching video while behind the wheel.
In cases of fatal distracted driving crashes, wrongful death claims may be available to surviving family members. Truck accidents caused by texting or phone use are also subject to these same principles.
Contributory Negligence in Distracted Driving Cases
As with all personal injury claims in the state of North Carolina, contributory negligence applies. If the defense shows you were also distracted or negligent at the time of the auto accident, your claim could be barred entirely. Do not admit fault or discuss your case with the other driver’s insurance company. Notify your insurance company of the accident but do not give recorded statements without legal guidance.
Contact a North Carolina Distracted Driving Accident Lawyer
If you were injured in a crash caused by distracted driving, do not wait. Evidence including cell phone records and app data can be lost or overwritten. Report the accident to police, seek immediate medical attention, and then discuss your case with an experienced accident attorney. I can help you review your case, build a distracted driving injury claim, and fight for the compensation you deserve.
Schedule a free consultation with my law firm to get a free case evaluation and learn about your legal options after a distracted driving accident in North Carolina.
Have questions about your case? Get answers from an experienced personal injury attorney.