The public idea of what counts as distracted driving has changed over the years. In reality, distracted driving has been a major cause of accidents long before the invention of cell phones. Drivers who deliberately or accidentally took their attention from the road could cause accidents, whether they were drinking, eating, or chatting with friends.
While most people acknowledge that distracted driving is dangerous, many admit that they still engage in behaviors such as talking on a phone, texting, or adjusting navigation controls while driving. Unfortunately, if you’re a victim of a car crash caused by distracted driving, you know that the pain you suffer extends beyond the physical level. Such an accident could take a serious mental toll on you, not to mention risk toppling your financial stability.
If you or a loved one has been injured in a distracted driving accident in Concord, NC, our car accident lawyers can help you seek financial compensation for the losses and harm you suffered. Our legal team put in the effort and resources to build a strong and persuasive case for each of our clients. So, if you need justice, you’ve come to the right place.
Call us at [phone] for a free consultation with a Concord distracted driving accident lawyer.
What is Distracted Driving?
Simply put, distracted driving is engaging in an activity that takes your eyes or mind off the road while driving. This may include anything from looking up directions on your phone to adjusting the A/C while behind the wheel. However, using a cell phone is the most common problem and is the biggest target for lawmakers.
In North Carolina, most distracted driving actions, while highly dangerous, are legal. Lawmakers are mainly focused on preventing distracted driving accidents caused by texting or talking on the phone while behind the wheel.
It’s worth noting that if you’re cited for texting while driving in NC, there’s a $100 fine. Since North Carolina is a primary state, the police can stop and fine you for texting while driving. They don’t necessarily need another reason to pull you over.
What Are the Types of Distracted Driving?
Distracted driving doesn’t necessarily have to fit a profile. Any driver who isn’t fully focused on the road can be considered a distracted driver. These distractions come in three main forms:
Visual Distraction
While driving, it’s almost impossible to keep your eyes on the road ahead of you 100% of the time. A driver can be considered to be visually distracted when they stop watching the road for long enough to create an unsafe driving condition. Whether it’s looking at a GPS to figure out their next turn or simply observing an accident on the other side of the road absentmindedly. If an accident is caused by a driver looking away from the road, the driver falls victim to a visual distraction. Accidents resulting from visual distractions can occur in a matter of seconds, especially in congested areas or during rush hour traffic.
Manual Distraction
One of the first things new drivers are taught is to always keep their hands on the wheel. While it’s common to take your hands off the steering wheel to shift gears or turn on a blinker, it’s important to keep your hands on the wheel to operate a vehicle safely. Manual distractions usually occur when a driver has their hands off the wheel to do something while driving. Activities such as fiddling with the car’s radio or the air conditioner are good examples of manual distractions.
Cognitive distraction
When a driver is preoccupied with thoughts other than the road ahead, they are cognitively distracted. It doesn’t matter whether the person is lamenting over an argument that they had with a loved one earlier that day, or stewing over a stressful day at work – if the driver’s thoughts detract from their ability to pay attention on the road, an accident can occur very quickly.
All in all, texting while driving is perhaps the most dangerous (and common) form of distracted driving. Since all of the functions go into sending the text or email, a person experiences all three forms of distractions at the same time. To read and reply to a text message, you likely have to take your eyes off the road and look at the phone, think of a suitable reply, and have at least one hand typing the message. This can easily take them from mentally paying attention to the road.
What Are the Laws Regarding Distracted Driving in North Carolina?
As of 2020, North Carolina state laws prohibit drivers under the age of 18 from talking on a cell phone while driving. This is unless the conversations are with parents/guardians, spouses, or emergency responders. Adults are allowed to talk on a mobile phone while behind the wheel.
In 2019, the Texting While Driving Laws were updated to prohibit drivers of all ages from using cell phones to send text messages while driving.
Lawmakers in the state are also considering more legislation (Handsfree Act NC) to tighten the law and prohibit using handheld devices while driving, something that some states have already done.
Our car accident attorneys have seen the devastating impact that distracted driving accidents can have on the victims and their loved ones. We always encourage drivers to put their phones away while behind the wheel. The fines are not worth it, let alone the more serious consequences to you and other road users.
What Damages Can a Victim Recover in a Distracted Driving Accident Claim?
Victims can recover fair compensation following an accident caused by a distracted driver. Based on the facts of the case, there are several things the accident victim could be eligible to seek compensation for, and these will generally fit into four main categories:
Economic damages
These are financial losses that the victims incur as a direct result of the accident. They include:
- Medical expenses
- Repair costs for damaged property
- Loss of income and lost wages
- Lost income that results from a business disruption.
Non-economic damages
These are intended to compensate the victim for the losses that they incur that cannot be measured or quantified. They include:
- Emotional distress
- Pain and suffering
- Diminished quality of life
- Mental anguish
- Disfigurement or scarring
Punitive damages
These are a form of legal damages that the court may award to punish the offender more for actions deemed too egregious or to set an example to other potential violators. They are usually given in addition to other compensatory damages that may be awarded.
Are There Any Time Limits on Filing a Claim?
In North Carolina, the statute of limitations for distracted driving car accident cases is two years from the date of the accident. While this might sound like a long time, it could take close to that long to collect the necessary evidence and settle with the defendant.
Why Do I Need a Distracted Driving Accident Attorney?
Working with a distracted driving lawyer can help you get justice and the full compensation you deserve after an accident caused by distracted driving. Car accidents can be quite costly, financially, physically, and emotionally. Our team can help you navigate this trying time.
In most cases, winning an insurance claim or a personal injury lawsuit will entail proving that the other driver was negligent and therefore responsible for the accident. To prove this, your lawyer will:
- Collect and review any photos of the accident scene.
- Obtain and review police reports regarding the incident.
- Interview the other driver, passengers, and other witnesses of the accident
- Collect and review any available video surveillance of the accident.
- Look for any other evidence that demonstrates the driver’s distraction.
Additionally, our team will help you determine damages you are eligible to receive compensation for, pursue a favorable settlement for you, and facilitate any communication between all the parties involved so that you can focus on making a full recovery. You don’t have to face the uphill task of investigating the accident and negotiating for a settlement on your own. We’re here to help.
Talk to a Concord Distracted Driving Accident Lawyer Today
If you or a loved one was involved in an accident caused by a distracted driver in Concord or a surrounding area in North Carolina, this is the time to discuss your legal options with a car accident attorney. When you entrust your case to us, you can rest assured that we will represent your best interest.
Our attorneys work on a contingency fee basis, meaning we don’t get paid unless you do. You also don’t have to pay us anything unless we win the case. Our mission is to obtain an outcome that is both fair and favorable to you so that you focus on what matters most – making a full recovery after the car accident.
Don’t wait any longer to get professional legal representation. No matter the time or day, our team is on standby to discuss the details of your case. To schedule a free consultation with a Concord Car Accident lawyer, call [phone] or submit our online case evaluation form today.
