Distracted driving has become a significant issue on North Carolina roads, contributing to an increasing number of accidents each year. Whether it’s texting, adjusting the GPS, or even eating while driving, these distractions divert attention from the road, leading to severe consequences. For those involved in accidents caused by distracted drivers, understanding your legal options is crucial to ensuring you receive the compensation you deserve.
What Constitutes Distracted Driving?
Distracted driving involves any activity that diverts a driver’s attention away from the primary task of driving. This can include:
- Texting or using a smartphone
- Eating or drinking
- Talking to passengers
- Adjusting the radio or navigation system
- Personal grooming
While these actions may seem harmless, even a momentary lapse in attention can result in catastrophic accidents, especially at high speeds or in heavy traffic.
Legal Recourse for Victims of Distracted Driving
If you’ve been injured in an accident caused by a distracted driver in North Carolina, you have several legal options to pursue compensation:
- Filing a Personal Injury Claim: Victims can file a personal injury claim against the distracted driver to recover damages for medical expenses, lost wages, and pain and suffering.
- Contributory Negligence in North Carolina: North Carolina follows a strict contributory negligence rule, meaning if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. It’s crucial to gather evidence, such as witness statements and accident reports, to establish that the distracted driver was solely responsible.
- Insurance Claims: North Carolina is an at-fault state, meaning you can file a claim with the at-fault driver’s insurance company. However, insurance companies often try to minimize payouts, so it’s important to have a strong case supported by evidence.
Gathering Evidence for Your Case
Proving that the other driver was distracted at the time of the accident can be challenging, but it’s essential for a successful claim. Evidence may include:
- Cell phone records to show that the driver was texting or on a call.
- Traffic camera footage to capture the driver’s behavior leading up to the accident.
- Eyewitness testimony from those who saw the driver’s actions.
Conclusion
Distracted driving is a growing danger on North Carolina roads, but victims have legal avenues to seek justice. If you or a loved one has been involved in an accident caused by a distracted driver, it’s essential to act quickly to protect your rights. Ward and Smith is here to guide you through the legal process and ensure you receive the compensation you deserve. Contact us today for a consultation with an experienced personal injury lawyer who will fight for your rights.
On September 6, 2023, the Department of the Navy ("Navy") announced a framework for evaluating and potentially settling a limited number of claims brought under the Camp Lejeune Justice Act.
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