Distracted driving has become a leading cause of car accidents across the nation, and North Carolina is no exception. As technology and social media continue to demand our attention, more drivers fall prey to distractions, putting themselves and others at significant risk. The impact of distracted driving accidents can be devastating, leaving victims with severe injuries, emotional trauma, and financial burdens.
At North Carolina Car Accident Lawyers, we are dedicated to helping accident victims in Charlotte and across the state secure the compensation they deserve and holding distracted drivers accountable.
In this blog, we’ll explore the dangers of distracted driving and explain how a Charlotte car accident lawyer can help you if you’ve been involved in an accident caused by a distracted driver.
Distracted Driving Accident Statistics
Distracted driving is any activity that diverts a driver’s attention away from the road, and it significantly increases the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in the United States in 2022 alone. In North Carolina, distracted driving is a major contributing factor in car accidents, particularly among younger drivers.
The primary danger of distracted driving lies in the delayed reaction time and decreased situational awareness it causes. A driver who glances away from the road for even a few seconds to read a text message travels the length of a football field at highway speeds without fully monitoring their surroundings.
This “blind drive” makes it difficult to notice stopped vehicles, pedestrians, or sudden obstacles, leading to rear-end collisions, side-impact crashes, and worse. In essence, distracted driving doesn’t just endanger the driver; it threatens everyone else on the road as well.
Common Examples of Distracted Driving
Distracted driving can take many forms, and it’s not limited to texting. Below are the three primary types of distracted driving, with common examples under each category:
Visual Distractions
These distractions occur when a driver takes their eyes off the road. Common visual distractions include:
- Reading or sending text messages
- Looking at a GPS device or map
- Adjusting dashboard controls, such as the radio or climate settings
- Watching an event outside the car, such as an accident on the side of the road
Manual Distractions
Manual distractions occur when a driver takes their hands off the wheel. Common manual distractions include:
- Eating or drinking while driving
- Reaching for an object in the car
- Applying makeup or grooming
- Adjusting seat settings or mirrors
Cognitive Distractions
Cognitive distractions take the driver’s mind off driving, leading to a dangerous lack of focus. Common cognitive distractions include:
- Daydreaming or “zoning out”
- Engaging in conversations with passengers
- Thinking about personal problems or work issues
Each type of distraction compromises a driver’s ability to react promptly and make safe driving decisions, which can lead to life-altering or even fatal accidents.
Texting and Driving Is Illegal in North Carolina
North Carolina has implemented specific laws to combat distracted driving, with a focus on texting and driving. Under North Carolina General Statutes Section 20-137.4A, all drivers are prohibited from texting or sending electronic communications while operating a vehicle. Drivers are not allowed to manually enter or read text messages, emails, or any other written communication on any electronic device while driving.
The only exceptions are for law enforcement officers or emergency personnel performing official duties and for drivers who are fully parked or stopped. Violations of North Carolina’s texting and driving law can result in fines.
Despite these laws, many drivers continue to engage in distracting behaviors behind the wheel. When these actions result in an accident, victims can pursue compensation for their injuries and losses.
How Can a Lawyer Prove the Other Driver Was Distracted?
Proving that the other driver was distracted at the time of an accident can be challenging, but an experienced car accident lawyer has several tools at their disposal. To demonstrate distraction, Charlotte car accident attorneys may gather various types of evidence.
Cell Phone Records
One of the most effective ways to prove texting and driving is by obtaining the other driver’s cell phone records. If the records show that the driver was sending a text or using a mobile app at the time of the crash, this can serve as compelling evidence.
Eyewitness Testimonies
Witnesses to the accident may have observed the other driver using a phone, eating, or engaging in other distracting activities. Eyewitness testimony can strengthen a claim and provide a narrative of the driver’s behavior leading up to the collision.
Video Footage
Traffic cameras or surveillance footage from nearby businesses can provide crucial evidence of distracted driving. Video footage may show the driver looking away from the road or using a phone, establishing a timeline and adding visual proof of their behavior.
Police Reports
Law enforcement officers often document signs of distracted driving in their accident reports. If a driver admitted to texting or if officers observed a phone in the driver’s hand, this information would likely be recorded in the police report, which can support a victim’s case.
Accident Reconstruction Experts
In more complex cases, accident reconstruction experts can analyze the accident scene and determine if distraction likely contributed. They may examine the driver’s braking patterns, reaction times, and the positions of the vehicles to support claims of distracted driving.
Working with an experienced lawyer is invaluable in proving fault for a North Carolina car crash and ensuring that the responsible party is held accountable.
Compensation for Distracted Driving Accidents in Charlotte
Victims of distracted driving accidents in North Carolina may be entitled to various forms of compensation to help cover the physical, emotional, and financial impact of the crash. Compensation may include:
- Medical Expenses: This covers hospital bills, surgeries, physical therapy, and any ongoing medical treatments related to the accident.
- Lost Wages: If injuries prevent a victim from working temporarily or permanently, they may seek compensation for lost wages and diminished earning capacity.
- Pain and Suffering: Beyond economic losses, accident victims can seek compensation for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Compensation can also cover repair or replacement costs for the victim’s vehicle and any other damaged property.
- Punitive Damages: In cases where the at-fault driver’s actions were especially reckless, victims may be awarded punitive damages to punish the driver and deter similar behavior in the future.
By working with a Charlotte car accident lawyer, victims can accurately evaluate their total losses and pursue the full compensation they deserve, giving them the resources they need to rebuild their lives after an accident.
Deadline to File a Car Accident Case in North Carolina
In North Carolina, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the accident. This deadline applies to most personal injury cases, including those involving distracted driving. For wrongful death claims resulting from a fatal distracted driving accident, the deadline is two years from the date of the victim’s death.
Failing to file within the statute of limitations can result in the dismissal of a case, meaning the victim loses the right to pursue compensation through the courts. However, it’s advisable to contact an attorney as soon as possible after an accident, as building a strong case takes time.
Contact our Charlotte Car Accident Lawyers Today
Distracted driving is a serious threat on North Carolina’s roads, often leading to preventable accidents with devastating consequences. If you or a loved one has been injured in a car accident caused by a distracted driver, North Carolina Car Accident Lawyers can help.
You don’t have to worry about upfront fees. Our car accident attorneys only get paid if we win your case. Our dedicated team is here to support you through every step of the legal process, so you can focus on healing while we handle the rest. Contact us today for a free consultation.