Distracted driving is one of the leading causes of car wreck injuries and deaths in North Carolina and throughout the United States. I am attorney Rodney Caudill, and as the founder of Northstate Auto Law, it is my mission to hold distracted drivers accountable for the devastation they cause. If you were seriously injured by another driver’s irresponsible choices, my team and I want to help you fight for full and fair compensation.
Understanding North Carolina’s Distracted Driving Laws
Like most other states, North Carolina has enacted laws to combat the growing threat of distracted driving. It is illegal for all drivers to text or send emails while driving. Drivers under the age of 18 are prohibited from using a mobile phone or any additional technology while driving, except in emergencies. School bus drivers are also forbidden from using cell phones while operating the vehicle.
The fines associated with these laws are small enough that they won’t deter all distracted drivers. However, if those individuals cause a crash, the fact that they were violating one or more traffic laws will likely serve as powerful evidence of their liability.
Distracted Driving Is More Than Just Texting
While texting is a well-known distraction, many other behaviors can dangerously divert attention from driving and increase the risk of an accident. Common distractions include:
- Eating and drinking
- Adjusting the stereo and climate-control knobs
- Using GPS
- Talking to passengers
- Grooming activities like applying makeup
Types of distraction fall into three categories: manual, visual and cognitive.
- Manual distractions are any activities that take your hands off the wheel, such as reaching for an object.
- Visual distractions are those that take your eyes off the road, like looking at a map.
- Cognitive distractions, such as daydreaming or engaging in a heated conversation, take your mind off the task of driving.
Each type of distraction reduces your ability to react quickly to road conditions, putting you and others at risk. Tasks that involve all three types of distraction (like texting and driving) are a car wreck waiting to happen.
My Team Fights For Victims Of Distracted Driving Crashes
If you were injured by a negligent distracted driver, I will work tirelessly to prove that they were solely responsible for causing your injuries. Unfortunately, North Carolina follows a legal doctrine known as “contributory negligence.” This means that if you are found to be even 1% at fault for the car accident, you can be barred from recovering any compensation.
At-fault drivers will try to use contributory negligence to deflect blame and avoid taking accountability. Along with help from my team, I will gather all available evidence and build a compelling legal argument demonstrating that the distracted driver was solely liable. I will then seek maximum compensation on your behalf.
Frequently Asked Questions About Distracted Driving Cases
Victims of distracted driving accidents often have important questions about their legal rights and options. Here are answers to some of the most common concerns I address with clients:
What evidence can establish that another driver was distracted when they caused my crash?
Proving distraction requires gathering comprehensive evidence from multiple sources. Key types of evidence include:
- Phone records showing texting, calling or app usage at the time of impact
- Witness statements from passengers, pedestrians or other drivers who observed erratic behavior
- Traffic cameras, dashcam footage and surveillance video from nearby businesses
- Police reports documenting the driver’s behavior and any admissions at the scene
- Social media posts timestamped around the accident time
- Physical evidence such as phones found outside vehicles or scattered food containers
My team works quickly to preserve this evidence before it disappears, including issuing preservation letters to cell phone companies and requesting footage from relevant sources. When combined with accident reconstruction analysis, this evidence helps build a compelling case demonstrating the other driver’s negligence.
What steps should I take to pursue compensation after being hurt by a distracted driver?
The claims process begins with seeking immediate medical attention, even if injuries seem minor initially. Document all medical treatment and keep detailed records of expenses, lost wages and how injuries affect your daily life. Report the accident to your insurance company promptly while being careful not to admit fault or provide recorded statements to the other driver’s insurer without legal representation.
Compensation may include medical bills, lost income, property damage, pain and suffering, and future medical needs. In North Carolina, the contributory negligence rule means you cannot recover compensation if found even partially at fault, making strong legal representation essential. I handle all communications with insurance companies and work to maximize your recovery while protecting you from tactics designed to minimize or deny your claim.
Will being involved in a distracted driving collision impact my insurance premiums?
Insurance rate increases typically depend on fault determination and your driving history. If another driver caused the accident and this is clearly established, your rates should not increase. However, insurance companies sometimes raise premiums even for not-at-fault accidents, claiming increased risk.
Having legal representation helps protect against unfair rate increases by establishing clear fault and preventing insurance companies from shifting blame to you. I work to document the other driver’s responsibility thoroughly, which helps protect your insurance record and prevents unjustified premium increases that could cost you thousands over time.
Contact The Firm For A Free Initial Consultation
You deserve justice after a distracted driving car wreck. To learn how Northstate Auto Law can help you fight for it, contact my Wilkesboro office today to request a free case evaluation. Just call (336) 990-0572 or reach out online.