Distracted driving is one of the leading causes of car accidents in Mooresville and nationwide. In fact, the National Highway Safety Administration (NHTSA) reports that over 3,200 people died and another 315,000 were injured as a direct result of distracted driving in a single recent year. Drivers who let their focus drift off the road are more likely to run traffic signals, drift out of their lanes, or be unable to react to sudden changes in time. The consequences can be devastating for other road users unlucky enough to be nearby at the time.
If you’ve been injured because of a distracted driver in Iredell or Mecklenburg counties, reach out to Schwaba Law Firm immediately. We’re proud to serve clients throughout Mooresville, Lake Norman, Cornelius, Davidson, and Huntersville, and we’re ready to take your case at no upfront or out-of-pocket costs. Contact us now for your free, fully confidential consultation with a distracted driving accident lawyer, and find out what we can do for you.
Common Causes of Distracted Driving Accidents in Mooresville
Anything that can distract a driver from the task of safely operating their vehicle can directly lead to an accident. The Centers for Disease Control and Prevention (CDC) recognizes the following three primary types of driving distractions:
- Visual distractions, which divert a driver’s eyes from the road
- Manual distractions, which remove a driver’s hands from the steering wheel
- Cognitive distractions, which take a driver’s attention off the task of driving
Certain distractions are particularly hazardous in Mooresville, including the following:
- Cell phones
- GPS
- Eating/drinking
- Adjusting vehicle controls
What makes these distractions especially dangerous is that they combine all three types of distractions into a single dangerous behavior. For example, a driver who’s using a cell phone is thinking about the message they’re sending, manually inputting it into the phone, and looking at the phone while they type it. In the time it takes them to do that, at highway speeds, they’ve traveled the length of a football field without actually having control of their vehicle.
How Do You Prove the Other Driver Was Distracted?
To win your case, you’ll need to show that the other driver was distracted and that their distraction is what caused the accident. Doing so could involve such evidence as the following:
- Police reports, which may include the responding officer’s initial findings of fault, as well as any citations they issued to the other driver
- Cell phone records showing that the driver was interacting with their mobile device at the time of the crash
- Witnesses who might have seen the other driver eating, fiddling with a device, or looking at their lap before the collision
- Surveillance/dashcam footage that provides an objective account of the accident as it transpired
Accident reconstruction experts can review this evidence and use it to recreate a chain of events showing what distracted the driver and how it led to the crash.
What Compensation Can You Recover After a Distracted Driving Accident?
If someone else is responsible for what happened, your distracted driver accident compensation could include money for the following:
- Medical care covering the past and future costs of emergency transportation, hospitalization, surgeries, rehabilitation, medication, and ongoing care
- Lost income, including any salary, wages, tips, bonuses, commissions, and benefits you couldn’t earn while you were healing
- Diminished earning potential if your injuries affect your ability to advance your career
- Property damage, or the repair or replacement of your vehicle and any personal items
- Pain and suffering, or the physical and mental discomfort your injuries cause you
- Emotional distress, or the psychological effects of living through a traumatic experience
North Carolina Laws That Can Affect Your Distracted Driving Claim
There are several North Carolina distracted driving laws and other rules that can affect distracted driving accident claims in Mooresville, including the following.
North Carolina’s Contributory Negligence Rule
Under this rule, if a court finds you even 1 percent responsible for the crash, you are completely barred from recovering any compensation, even if the other motorist was primarily at fault. The Tar Heel State is one of the few states that still adheres to this strict doctrine, which is one of the most unforgiving laws in the nation. Insurance companies ruthlessly exploit this standard, weaponizing any minor error you make to deny your claims entirely. Because of these aggressive tactics, securing the guidance of an experienced car accident attorney is essential.
North Carolina’s Texting Ban
Section § 20-137.4A of the North Carolina General Statutes bans drivers from manually inputting phone numbers or text messages into a cell phone while operating a motor vehicle. A violation can result in a $100 fine. However, it does not constitute either negligence per se or contributory negligence per se. In other words, a driver who’s involved in an accident while texting is not automatically to blame for the consequences. Even if the other driver was cited for using a phone, you will still need an experienced car accident lawyer to prove that they were to blame for what happened.
How a Mooresville Distracted Driving Accident Lawyer Can Help
It can be difficult to prove that a driver was distracted and could have avoided a collision if they’d been paying more attention. The driver might deny having been distracted, and their insurance company certainly has a financial incentive to take their policyholder’s side.
Fortunately, you don’t have to win your case on your own. Instead, you can turn to Schwaba Law Firm. While you focus on getting better, we can do the following:
- Recover evidence of the other driver’s distraction, such as cell phone records and eyewitness testimony
- Work with experts to calculate the fair value of your case
- Pursue an insurance claim against the at-fault driver and negotiate for a fair settlement offer
- Take your case to trial if the insurance company won’t pay you what it owes you
Clients in Mooresville, Lake Norman, Cornelius, Davidson, and Huntersville turn to us for help because our lawyers have the following:
- Extensive experience and exclusive focus on personal injury claims
- Track record of major recoveries, including millions for car accident victims
- Commitment to open communication and our 5-star service
As our former client Mary Johnson said:
“Everyone is so nice. They are very efficient and actually care about their clients.”
Don’t let a serious accident take away what matters most. Instead, let a distracted driving accident attorney in Mooresville fight for the compensation you deserve. Contact Schwaba Law Firm today for your free, no-obligation consultation, where we can review your case and explain your legal options.
