Durham Texting and Driving Attorney

Distracted woman texting while driving in Durham

Thanks to cellular phones and other in-car distractions, distracted driving has skyrocketed and is one of the most common causes of North Carolina car accidents. Statistics from the North Carolina Department of Insurance show that 44,128 crashes involved a distracted driver in one recent year. Nearly eight people are killed every day in crashes with distracted motorists.

Distractions like texting and driving are dangerous. Local news reports are filled with real-life examples of how texting and distracted driving impact the lives of North Carolina residents, hurting them physically and financially.

The texting and driving accident attorneys at Kornbluth Ginsberg Law Group, P.A., help Durham texting and driving accident victims pursue fair compensation for their injuries and hold careless drivers accountable for their actions. The aftermath of a texting and driving accident can be overwhelming and frightening. You need the compassionate and skilled help an attorney can provide as you seek the compensation you need.

Contact us online today or call us 24/7 at 919-980-9895 and arrange a free consultation with a texting and driving lawyer who can explain your rights and options for pursuing maximum compensation for your injuries. Our Durham office is conveniently located at 3400 Croasdaile Drive, Suite 300. We are here to help you.

Is Texting and Driving Considered Negligence in NC?

Negligence is a legal concept that plays a major role in most personal injury cases in North Carolina. Proving negligence on the part of the at-fault party is critical to support your compensation claim or legal case.

All motorists have a duty of care to other road users, which means they must safely operate their vehicles. Texting while driving violates the duty of care, making a texting driver negligent if an accident results from their failure to focus on driving safely. If you can establish that the other driver violated their duty to drive safely by texting behind the wheel, you can build a solid claim showing why you deserve fair compensation for the injuries that resulted from the other driver’s careless actions.

North Carolina follows a strict rule called contributory negligence in civil cases. Contributory negligence could bar you from recovering any compensation for your injuries if your actions played any role in causing the collision. Insurance companies frequently use the rule in an attempt to avoid paying claims. Our personal injury lawyers are ready to counter those arguments to demonstrate that the texting driver was entirely to blame for the crash that injured you.

Is It Illegal to Text While Driving in North Carolina?

North Carolina distracted driving laws make it illegal to use a phone or other mobile device to send text messages or email while driving. Motorists can use voice-operated technology or hands-free devices while driving but cannot manually enter text messages into phones or other mobile devices.

Texting while driving is considered a primary offense in the state, meaning law enforcement officers do not need any other reason to initiate a traffic stop. Spotting a driver texting while driving is enough to pull a vehicle over and issue a citation.

Texting and driving can result in fines of up to $100, plus court costs. School bus drivers caught texting and driving are subject to more significant penalties, including fines and a potential Class 2 misdemeanor charge.

It is critical to note that traffic violations involving texting while driving are a separate matter from civil liability for a car crash resulting from texting. It may be possible to hold a texting driver liable for causing a collision even if texting charges are dropped, result in an acquittal, or are never filed.

How Can You Prove a Driver Was Texting When the Crash Happened?

Proving the other driver was texting when a crash occurred can be challenging without legal assistance. Without crucial evidence, it often comes down to your word against theirs. However, with the help of our skilled texting and driving lawyers, it could be possible to recover valuable evidence to support your claim before it is lost or destroyed. An attorney has the legal power and resources to pursue evidence through subpoenas or letters of spoilation.

Some examples of evidence that may be useful in your case could include:

  • Cell phone records
  • Police reports
  • Eyewitness statements
  • Dash camera or surveillance videos
  • Driver’s statements or admissions at the scene

Evidence helps build a compelling claim and prove that the other driver was at fault for causing the accident, making them liable for compensating you for your injuries.

What to Do If You Were in a Texting and Driving Accident

A Durham car accident can be an overwhelming experience. However, you must keep your head and take steps to protect yourself after a crash with a careless texting-while-driving motorist.

If you are in a texting and driving accident, here’s what you should do:

  • Contact law enforcement. Always contact law enforcement after an accident. Police officers can render aid and control the scene, so no one else gets hurt.
  • Police could ticket the at-fault driver for texting. The police report can also provide the information you need to file a compensation claim.
  • Seek medical attention. Seek medical attention for your injuries, even minor ones, as soon as possible. Your health comes first, and the adrenaline from the event can mask the signs of severe injuries. Medical records can also help substantiate the severity of your injuries and medical expenses while connecting them to the crash.
  • Document the scene. Fully document the crash scene with photographs and videos if you are able. Ask witnesses for their contact information.
  • Exchange information. Exchange insurance and contact information with the other drivers. You should also make note of your interaction with the other driver. Did they admit to being distracted or apologize for the accident? Did you notice their phone in their hands during the collision?
  • Contact our texting and driving accident lawyers. As soon as possible, contact our experienced Durham car accident attorneys to help you navigate the complexities of your situation. We are ready to investigate the crash and help you preserve critical evidence and witness testimony.
  • Avoid social media. Pictures and statements on social media can provide insurance adjusters with material to take out of context, twist, and use against your claim. Don’t give them the opportunity.
  • Keep detailed records. Retain records of your medical expenses, time off work, repair receipts, out-of-pocket costs, and anything else accident-related.
  • Follow through. Stick to your doctor’s treatment plan and take all medications as prescribed.

How Our Durham Texting and Driving Attorneys Can Help

At Kornbluth Ginsberg, we know coping with a texting and driving accident is stressful. We will treat you with the respect and compassion you deserve, working with you to pursue maximum compensation for your injuries.

Contact our Durham office today or call us 24/7 at 919-980-9895 and schedule a free consultation to discuss your unique situation with our distracted-driving accident lawyers.