This post discusses the role of distracted driving in NC Car Accidents. The Bishop Law Firm represents car accident injury victims, and we do not get paid unless we win your case. Call us today for a free case review, (919) 615-3095, or start online now.
Distracted Driving In NC Car Accidents
We have all been on the road and seen a car drift into our lane, and when we drive past, we notice the driver is looking down at their phone instead of the road.
The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving behaviors are on the rise because more and more people have smartphones and engage in dangerous behavior like texting while driving.
In 2024 alone, there were 3,208 deaths from distracted driving according to NHTSA. Reading a single text can take your eyes off the road for a full 5 seconds.
Five seconds at 55 mph is the length of a football field. That is frightening.
Since 2009, it’s been a crime to text or email while driving in North Carolina. Unfortunately, this law has not been effective in eliminating this behavior.
In 2024, according to the North Carolina Division of Transportation, distracted driving crashes killed 147 people and injured another 19,230 in North Carolina, per NC Vision Zero.
Younger drivers are more likely to have a smartphone and to text. This is especially dangerous because new drivers are most likely to cause accidents due to their inexperience behind the wheel.
According to the NHTSA, 94 percent of serious car accidents are caused by drivers’ behavioral choices, rather than poor road conditions or automobile malfunctions.
The good news is that the overwhelming majority of serious injuries or deaths from distracted driving in NC car accidents are preventable, per the NC Department of Insurance.
Types of Distracted Driving
While it is easy to assume that using a cell phone while driving is the only form of distracted driving, it is not the only distraction we face in our cars.
The reality is that anything happening in or outside your vehicle can distract you if you are not careful.
Securing pets in your vehicle and leaving personal grooming tasks for when you are not driving can avoid distracted driving, per the NC DOT.
As we wrote in our post on avoiding car accidents, even eating, listening to the radio, or using a GPS device can be distracting.
Children in the back seat or passengers having conversations can also take our eyes off the road, and we must be cautious.
If interruptions in or outside of your vehicle are causing you to drive distracted, find a safe place to stop and address the issue before continuing.
How to avoid car accidents with distracted drivers
If you notice that a driver is driving distracted, and you are safely able to do so, get away from the driver as soon as possible.
Do not engage with the distracted driver or fuss at them; it won't make them stop, and you may end up in an unnecessary altercation.
If the driver is engaging in dangerous behavior, you may need to call 911 and let them know what is happening.
However, don't automatically assume the person is driving while distracted, as medical emergencies can and often do occur while we are driving. You can never know exactly what another driver is going through.
Your and your family's safety should be your #1 priority.
Was your North Carolina car accident caused by a distracted driver?
If you have been injured in a car accident that was caused by a distracted driver, you need to take steps to ensure your health and financial recovery.
- After the accident, ensure that everyone is safe, even the at-fault driver. Do not fuss at the at-fault driver or argue about who is at fault.
- Calling a family member or close friend can help you navigate the situation calmly, as you are more than likely in shock.
- Call 911 and wait for the police to arrive. Explain what happened to the police in a calm and rational manner. Do not admit fault.
- Take photos of everything: your vehicle, the at-fault driver's vehicle, your physical injuries, and your passengers' physical injuries, if possible.
- If you are injured, ride with EMS. Most clients use their own health insurance initially to cover these medical expenses.
- Continue to seek medical treatment as recommended by medical professionals
- File a property damage claim and a personal injury claim with the at-fault party's insurance company. You must be careful about what you say to an insurance adjuster!
- Seeking legal counsel is essential to protecting your rights and determining all compensation you may be entitled to under North Carolina Law.
If you are an injury victim of a distracted driver who was texting or otherwise distracted at the time of the accident, The Bishop Law Firm can help with your case.
The first feeling after shock from a car accident victim is anger, especially when the car accident was avoidable, as in the case of distracted driving.
Accepting that answer is normal, and moving past it allows a victim to focus on health recovery for themselves and their family, which is the most important step after a car accident.
How Do You Prove Distracted Driving After a NC Car Accident?
Occasionally, the at-fault driver admits to law enforcement that they were driving while distracted, even while in shock.
Even if they do not admit that they were driving distracted, phone records can tell a different story.
Obtaining witness statements, reviewing dash cam and surveillance footage, and checking social media posting times can provide clear evidence that the at-fault driver was distracted at the time of the accident.
In addition, black-box data (EDR) can demonstrate severely delayed reaction times. Delayed responses to driving hazards can signal distracted driving that caused the accident.
Do you need a North Carolina Car Accident Lawyer?
While a car accident victim is recovering, a car accident lawyer can work to establish liability and recover compensation on the victim's behalf.
After a car accident, a victim is entitled to medical expenses, lost wages, and pain & suffering. Punitive damages may also be awarded if the at-fault party's actions were egregious.
Learn more about medical bills after a car accident, lost wages after a motor vehicle accident, and pain & suffering in North Carolina Personal Injury cases.
Distracted driving alone rarely rises to the level of egregious conduct, but the circumstances of your accident need to be investigated thoroughly.
The Bishop Law Firm can help. Through the process of litigation, your North Carolina accident lawyer (NC personal injury lawyer) can recover the cell phone records of the at-fault driver to determine whether the driver was texting.
This evidence goes a long way in determining who is at fault and in convincing insurance companies to offer more money on a claim.
We represent car accident victims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina. Give us a call today for a free case review if you have been injured, (919) 615-3095 or start online now.
