Motor vehicles must be operated with a driver’s full attention for the safety of everyone involved. Unfortunately, many drivers are guilty of driving while using their cell phones, eating and drinking, and engaging in other distracting activities. If your recent car accident was caused by a distracted driver, protect your rights by consulting with a car accident attorney in Wilmington as soon as possible.
What Is Distracted Driving?
Distracted driving describes someone operating a motor vehicle while even a small amount of the driver’s attention is elsewhere. To drive a car or truck safely, the driver must keep their eyes on the road, hands on the wheel, and mind on the driving task at all times. Even one moment of distraction can be enough to cause a serious car accident.
Most Common Driver Distractions in Wilmington
According to the National Highway Traffic Safety Administration, distracted driving was responsible for at least 3,308 deaths in 2022. A negligent driver may risk lives by engaging in manual, visual and/or cognitive distractions. Common examples include:
- Texting and other cell phone use
- Eating and drinking
- Talking to passengers
- Adjusting the radio
- Personal grooming
- Dealing with children or pets
- Reading a map or book
- Watching videos
Driving a car may feel like second nature, but it is actually a complex task that requires a driver’s full attention. If a driver overestimates his or her multitasking abilities, he or she can cause a severe car accident in Wilmington.
What Are North Carolina’s Cell Phone Laws?
The most common – and deadliest – form of distracted driving is cell phone use. In North Carolina, it is against the law to read or write text messages or emails using a mobile phone while the vehicle is in motion (General Assembly § 20-137.4A). Drivers under the age of 18 are not allowed to use cell phones for any purpose, except in emergencies.
Who Pays for a Crash Caused by Distracted Driving in Wilmington?
If a distracted driver causes a car accident in North Carolina, he or she can be held liable (meaning financially responsible) for a victim’s medical bills and property repairs. This is how the state’s fault-based insurance system works. All drivers in North Carolina are required to carry minimum amounts of insurance to pay for others’ bills if they are proven to be at fault for the crash.
Your Rights After Getting Hit By a Distracted Driver in Wilmington
To hold another driver responsible for a distracted driving accident, you or your car accident attorney must prove fault. You must provide clear and convincing evidence that the other driver violated a traffic law, such as texting and driving and causing a rear-end collision, or running a red light due to other distractions.
Proving driver distraction may require obtaining the driver’s cell phone records, along with eyewitness statements, a police report, photographs, and videos. A successful claim against the at-fault driver could lead to you collecting damages for your current and future medical costs, property repairs or replacement, losses of income, pain and suffering, and more.
The Importance of Contacting a Car Accident Lawyer in Wilmington
A split second of distraction by a motor vehicle driver can be enough to cause irrevocable damage to one or multiple victims in a serious car accident. If you were recently injured by a distracted driver in Wilmington, contact a personal injury attorney to discuss your case in detail.
A car accident lawyer can help you maximize your payout by taking over negotiations with a car insurance company on your behalf. You can rest and recover while your lawyer holds a driver accountable for the careless or reckless decisions that led to your collision.
For a free consultation with a distracted driving accident lawyer near you, contact Shipman and Wright.