Texting and driving accidents are a growing concern across North Carolina, where distracted driving remains a leading cause of serious crashes.
Despite laws prohibiting texting while driving, many drivers continue to engage in this risky behavior, leading to devastating consequences for victims. When a driver’s negligence leads to a crash, the victims may face significant physical, emotional, and financial challenges.
In North Carolina, securing compensation after a texting and driving accident can be complex, particularly due to the state’s strict contributory negligence laws.
If you are found even 1% at fault for the accident, you could be barred from recovering any damages—making it critical to build a strong case proving the other driver’s negligence.
This guide explores the types of compensation available to victims of texting and driving accidents, the challenges posed by North Carolina’s legal framework, and how an experienced personal injury attorney can help you navigate the process to secure the compensation you deserve.
Why Do You Need a Lawyer for a Texting and Driving Case?
Texting and driving cases are rarely straightforward. While the law prohibits texting behind the wheel, proving fault often requires substantial evidence, such as:
- Phone Records: Subpoenaing records to confirm the driver was texting at the time of the accident.
- Witness Statements: Gathering accounts from those who observed the distracted behavior.
- Police Reports: Leveraging official documentation to support your claim.
- Surveillance Footage: Obtaining video evidence from nearby traffic cameras or businesses.
These cases are further complicated by North Carolina’s contributory negligence rule, which bars any compensation if you are found even 1% at fault for the accident. Insurance companies often exploit this rule to deny claims or reduce payouts.
A skilled attorney will:
- Build a compelling case with solid evidence.
- Counter claims of shared fault.
- Negotiate with insurance companies on your behalf.
Legal guidance ensures that you have the best chance of securing the financial recovery needed for medical bills, lost wages, and other damages.
What Compensation Can You Receive After a Texting and Driving Accident?
If you’re injured in a texting and driving accident, you may be entitled to compensation for:
- Medical Expenses: Covering both immediate and ongoing treatment.
- Lost Wages: Reimbursement for income lost due to the inability to work.
- Pain and Suffering: Compensation for emotional distress and reduced quality of life.
- Property Damage: Repair or replacement costs for your vehicle.
An experienced attorney will calculate the full extent of your damages and fight to ensure fair compensation.
Determining Liability in a Texting and Driving AccidenT
When a texting and driving accident occurs in North Carolina, establishing liability often becomes a critical—and challenging—aspect of the case.
Liability refers to the legal responsibility of a party whose negligence caused the accident. In these cases, the driver’s distraction due to texting is a primary form of negligence, often leading to preventable collisions.
Under North Carolina law, the state’s contributory negligence rule creates a significant hurdle for victims. If you are found even 1% at fault for the accident, you are barred from recovering compensation—regardless of how egregious the other driver’s behavior may have been.
This rule often prompts insurance companies to aggressively argue that victims share some level of fault, making it vital to counter their claims with compelling evidence.
Proving liability in a texting and driving case requires robust evidence, including:
- Phone records: Demonstrating the at-fault driver was using their phone at the time of the crash.
- Witness testimony: Accounts from others at the scene who observed the driver’s distraction.
- Surveillance footage: Videos from traffic cameras or nearby businesses capturing the events.
Navigating liability under North Carolina’s strict legal framework can be complex, underscoring the importance of an experienced personal injury attorney.
They can build a strong case, gather necessary evidence, and negotiate with insurers to maximize your chances of obtaining fair compensation.
What Should You Do After a Texting and Driving Accident?
If you’re involved in a texting and driving accident, taking the right steps immediately can strengthen your case and protect your rights:
- Call Emergency Services: Ensure that medical help and law enforcement are dispatched.
- Document the Scene: Take photos of vehicles, license plates, injuries, and road conditions.
- Exchange Information: Collect contact details from the other driver and witnesses.
- Seek Medical Attention: Even minor injuries should be documented by a medical professional.
- Contact an Attorney: Reach out to a lawyer as soon as possible to navigate the legal complexities.
Common Defenses Used by Drivers in Texting and Driving Cases
Despite the dangers and illegality of texting while driving in North Carolina, drivers often attempt to justify their actions or deny liability in accident cases. Understanding the common defenses used by texting drivers can help you prepare to counter these claims effectively. Here are some of the most typical arguments:
- The phone wasn’t being used: The driver may argue they weren’t using their phone at the time of the accident, suggesting another distraction or circumstance caused the crash.
- Emergency use: Drivers often claim they were using their phone for an emergency, such as contacting 911 or responding to a family crisis.
- Navigation purposes: The defense may argue that the phone was used to receive or follow driving directions, not to text or browse.
- Hands–free functionality: Some drivers assert they were using hands-free features, like voice commands or a car’s integrated phone system, which are often legal depending on the circumstances.
- Unrelated distraction: The driver may blame the accident on another distraction, such as eating, adjusting the radio, or interacting with a passenger, to shift focus away from phone use.
An experienced personal injury lawyer will gather evidence, such as phone records, witness statements, and accident data, to prove the at-fault driver was distracted. They will challenge claims like emergency use or navigation by scrutinizing details and focus on showing the driver’s negligence. With a strong case, your lawyer can counter defenses and fight for fair compensation under North Carolina law.
How Can Auger and Auger Help You?
At Auger and Auger, we’ve been advocating for accident victims in North Carolina for over 30 years. We understand the complexities of distracted driving cases, including the challenges of proving fault and overcoming contributory negligence rules.
With our A&A Zero Fee Guarantee, you don’t pay unless we win your case. We handle every aspect of your claim, including:
- Evidence collection and analysis.
- Negotiating with insurance companies.
- Representing you in court if necessary.
Our goal is to secure the maximum compensation for your medical bills, lost wages, and other damages, allowing you to focus on recovery.
How Can You Contact Auger And Auger?
If you or a loved one has been injured in a texting and driving accident, don’t wait to seek legal advice. Auger and Auger is here to help you navigate North Carolina’s complex legal system and fight for the compensation you deserve.
Contact us today for a free, No–obligation consultation
Your recovery begins with the right legal support. Let us guide you through the process and fight for the justice and financial recovery you need.
