Distracted Driving Accidents: What Victims Need to Know

In 2022, distracted driving was one of the top causes of crashes in North Carolina, according to data from the North Carolina Division of Motor Vehicles (NCDMV). This article also draws on insights from the ROADFIRST study (Reyya & Cheng, 2024), which highlights that distracted driving, driven by factors such as mobile phone use, in-car entertainment systems, and multitasking, is a leading contributor to traffic accidents and poses risks comparable to, or greater than, driving under the influence. If you or a loved one has been injured in a distracted driving accident, understanding your legal rights and options is essential for securing the compensation you deserve.

What is Distracted Driving?

Distracted driving occurs when a driver engages in activities that divert attention from operating their vehicle. Common examples include:

• Texting or using a phone
• Eating or drinking
• Adjusting in-car controls
• Talking to passengers
• Reaching for objects inside the vehicle

In North Carolina, the ‘hands-free law’ prohibits texting or emailing while driving for all drivers. For commercial drivers, such as truck operators, federal regulations permit phone calls only if the device requires no more than one button to initiate or terminate the call. Violating these rules is negligence in the event of an accident.

The Impact of Distracted Driving

Distracted driving contributes to thousands of accidents annually, leading to:

• Loss of life
• Severe injuries, such as broken bones, spinal injuries, and traumatic brain injuries
• Property damage to vehicles and surrounding structures
• Emotional distress for victims and their families
• Loss of income due to time missed at work during recovery

Proving Distracted Driving in North Carolina

Establishing liability in a distracted driving case requires evidence that the at-fault driver’s behavior contributed to the accident. Evidence can include:

• Phone records to show texting or calls during the time of the crash
• Traffic camera footage or eyewitness testimony
• Police reports noting distracted behavior

Compensation Available to Victims

Victims of distracted driving accidents may be eligible to recover compensation, including for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

Every case is unique, and the compensation you receive will depend on the specific circumstances of your accident and injuries.

How Fisher Stark P.A. Can Help

Distracted driving accidents can leave victims facing financial uncertainty and emotional challenges. Fisher Stark P.A. is committed to protecting your legal rights and holding negligent drivers accountable. Our team will investigate your case, gather evidence, and work to secure the compensation you deserve.

If you’ve been injured by a distracted driver in North Carolina, contact us today. Visit our contact page or call 828-505-4300 to schedule a free consultation.

 

Reyya, S., & Cheng, Y. (2024). ROADFIRST: A Comprehensive Enhancement of the Systemic Approach to Safety for Improved Risk Factor Identification and Evaluation.  Retrieved from https://arxiv.org/pdf/2411.00821.