Distracted Driving Accidents in Charlotte, NC
Operating a motor vehicle with distractions is hazardous to the driver and everyone around them on the road. Distracted driving accidents are one of the most dangerous and preventable causes of car accidents. With the rise of smartphones and other technology, the issue continues to worsen every year.
North Carolina Distracted Driving Accident Statistics
Driving with distractions is a major cause of accidents around the country, and North Carolina is unfortunately no exception. According to North Carolina Vision Zero, distracted drivers caused over 18% of the collisions in this state.
Legal Definitions of Negligence in Car Accidents
The claimant must prove to the civil court that the accident occurred because the careless defendant was driving with distractions. There are four parts to establishing liability for a successful personal injury claim.
- Duty of care: the distracted driver had a standard of reasonable care.
- Breach of duty of care: the defendant breached the duty of care.
- Proximate cause: the breach was the proximate cause of the car accident.
- Damages: the plaintiff sustained verifiable injuries.
Every motorist on the roadways has a duty of care to drive safely and avoid causing harm to others. Establishing the defendant was driving with distractions would prove duty and breach of duty of care.
Investigation and Evidence Review
We have the experience with distracted driving accidents injury claims to collect the evidence to prove negligence. They will help the plaintiff recover damages by:
Completing a Thorough Investigation
A hard-working lawyer will complete a thorough investigation and collect documentation to prove liability. They will take witness statements, the police report, medical records, and any evidence needed to build the claim.
Evidence Review
Completing an evidence review to determine the negligent party is vital for a successful claim.
Building a Solid Claim for Damages
A seasoned attorney will use the evidence to build a solid claim for damages. They will ensure all the components of negligence are there to recover the maximum potential award amount.
The Statute of Limitations
There is a strict time limit where the claimant has to file a claim for damages. According to the North Carolina General Statutes Section § 1-52, the plaintiff must file the case within three years of the accident.
What To Do After a Distracted Driving Accident
There are vital steps to take after a crash with a distracted driver.
- Contact the Police or call 911
- Collect evidence at the scene, including the names and contact information of all parties and photographs of the accident, if possible.
- Seek prompt medical care.
- Carefully store necessary documentation.
- Call an experienced car accident attorney.
When a victim of a distracted driving accident begins preparing immediately, it elevates the likelihood of a successful claim.
Choosing the Best Car Accident Attorney For You
When determining the best certified legal professional after an accident, it is essential to review previous cases and ensure they have experience with litigation and going to trial. Many injury claims will settle through insurance company communication and negotiations that the lawyer will handle on the plaintiff’s behalf. However, if the negligent party and their insurance company cannot agree on a fair settlement, it is vital to have a lawyer with trial experience.
Distracted Driving Injury Claim Process
The victim of a distracted driving accident can prove negligence by establishing through evidence that the defendant was driving with distractions at the accident. While texting and driving are hazardous, drivers may have many other distractions while on the road.
Visual Distractions
Visual distractions are the more common form of driving distraction. They take the motorist’s eyes off the roadway, even if only for a second. There are many types of visual distractions, including:
- Looking at phone or text messaging
- Adjusting the radio
- Reaching for something in the vehicle
- Applying make-up
- Global positioning system or GPS operation
- Rubbernecking or reading billboards
Cognitive Distractions
Cognitive distractions distract the driver’s mind while they are behind the wheel. Examples of this form of distracted driving include:
- Using a cellphone behind the wheel is a visual and cognitive distraction
- Conversations with passengers
- Manual Distractions
Manual distractions mean the driver removes their hands from the steering wheel for any purpose. Without both hands firmly on the wheel, drivers have slower reaction times and less steering ability.
Do You Have a Case?
Every personal injury case has its own set of circumstances. A knowledgeable lawyer could review the claim to determine negligence and potential recovery amounts. Yet, if a distracted driver causes an accident, the civil court will hold them financially accountable.
How Edwards Injury Law Will Help
If a careless or negligent party caused your accident and injuries, you could be eligible to recover compensation for damages. We’re here to handle the legal work and advocate on your behalf while you focus on healing. For more details on distracted driving accidents, speak to an experienced distracted driving lawyer at Edwards Injury Law. Contact us today. As a veteran-owned law firm, we have a history of service, and are built for today’s challenges.
