Charlotte Distracted Driving Lawyer
A split-second distraction is all it takes to cause a devastating car accident. When drivers take their eyes off the road, their hands off the wheel, or their minds off driving, they put everyone around them in danger. Distracted driving has become one of the leading causes of car accidents in Charlotte and across North Carolina, resulting in thousands of injuries and deaths each year. If you or a loved one has been injured in an accident caused by a distracted driver, you need legal advocates who understand the complexities of these cases and can fight to get you every dollar you deserve.
At Stewart Law Offices, our experienced Charlotte car accident attorneys have protected the rights of crash victims for over 30 years. With millions of dollars recovered for our clients, we know how to build strong cases, handle North Carolina’s challenging contributory negligence rules, and hold distracted drivers accountable for their reckless behavior.
What Is Distracted Driving Under North Carolina Law
Distracted driving occurs when a motorist engages in any activity that diverts their attention from the primary task of operating a vehicle safely. North Carolina General Statute § 20-137.4A explicitly prohibits texting while driving. The law makes it illegal for drivers to manually enter text or read texts while operating a vehicle on North Carolina roads.
However, distracted driving encompasses far more than just texting. It includes any behavior that compromises a driver’s ability to focus on driving safely and respond to changing road conditions.
Common Causes of Distracted Driving Accidents in Charlotte
Distracted driving accidents in Charlotte often occur in heavy traffic areas, near intersections, or on major roadways like I-77 and I-85. Common causes include:
- Texting, emailing, or scrolling on a smartphone
- Talking on a handheld phone
- Using GPS or navigation apps
- Eating or drinking while driving
- Reaching for objects inside the vehicle
- Interacting with passengers, especially children
Even a few seconds of distraction can prevent a driver from braking or steering in time to avoid a collision.
Types of Distracted Driving That Lead to Crashes
Distracted driving falls into three main categories, and many distractions involve more than one type simultaneously:
Visual distractions
Visual distractions occur when drivers take their eyes off the road, including looking at phones to read texts or emails, checking GPS navigation systems, watching videos, adjusting mirrors or checking appearance, turning to look at passengers or scenery, and reading billboards or other roadside materials.
Manual distractions
Manual distractions happen when drivers remove their hands from the steering wheel, such as texting or dialing phones, eating and drinking while driving, grooming activities like applying makeup, adjusting radio or climate controls, and reaching for objects in the vehicle.
Cognitive distractions
Cognitive distractions involve taking your mind off driving, including engaging in intense conversations with passengers, worrying about personal problems or work stress, daydreaming or letting thoughts wander, talking on the phone, even hands-free, and caring for children or pets in the vehicle.
Common Injuries in Charlotte Distracted Driving Accidents
Distracted driving often leads to high-speed collisions because the driver cannot brake or take evasive action in time to prevent impact. These severe crashes commonly result in catastrophic physical injuries, including:
- Traumatic Brain Injuries and Concussions: Damage to the brain.
- Whiplash and Neck Injuries: Injuries affecting the cervical spine.
- Spinal Cord Injuries: Potentially leading to paralysis.
- Broken Bones and Fractures: Severe bone damage.
- Internal Organ Damage: Injuries that may be life-threatening.
- Severe Lacerations and Scarring: Deep cuts requiring extensive medical treatment.
- Back Injuries: Damage to the lumbar or thoracic spine.
- Burn Injuries: Resulting from crashes that cause vehicle fires.
Beyond the immediate physical harm, victims frequently suffer equally debilitating psychological trauma, such as post-traumatic stress disorder (PTSD), driving anxiety, and depression.
What to Do After a Distracted Driving Accident in Charlotte
If you’ve been involved in a distracted driving accident, taking the right steps is crucial for protecting both your well-being and your legal interests.
Immediate Actions:
- Call 911 right away to report the crash. North Carolina law mandates reporting any accident resulting in injury, death, or over $1,000 in property damage.
- Seek immediate medical attention, even if your injuries appear minor at first.
Gathering Information and Evidence:
- Collect the contact and insurance information from the other driver involved.
- If you are able, take photos of the accident scene, all involved vehicles, and any visible injuries.
- Get the contact information of any witnesses who observed the crash.
- Save all documentation, including medical records and bills, related to the accident.
If you suspect the other driver was distracted, note any observations, such as phone use or delayed reactions, and share them with your attorney.
How Fault Is Determined in Distracted Driving Cases
Proving distraction is often more challenging than proving drunk driving, but it can be done. Evidence may include:
- Police crash reports
- Witness statements
- Cell phone records
- Traffic or surveillance camera footage
- Vehicle data or crash reconstruction analysis
An attorney can work to uncover and preserve evidence that shows the driver was not paying attention at the time of the crash.
Contributory Negligence in North Carolina Distracted Driving Claims
North Carolina follows a pure contributory negligence rule. This means that if an injured person is found even slightly at fault, they may be barred from recovering compensation.
Insurance companies frequently use this rule to deny claims by arguing that the victim was speeding, distracted, or otherwise contributed to the accident. In distracted driving cases, pushing back against these arguments is essential to protecting your claim.
North Carolina generally allows three years from the date of the accident to file a personal injury lawsuit. If the crash resulted in a fatality, wrongful death claims typically must be filed within two years. Waiting too long can result in lost evidence and missed deadlines, so it is important to act promptly.
Visit Our Distracted Driving Accident Attorneys in Charlotte
Speak With a Charlotte Distracted Driving Accident Attorney Today
Don’t let a distracted driver’s negligence derail your life. At Stewart Law Offices, we will work to relieve your burden from the first time you call. Our Charlotte car accident attorneys understand what you are going through and have the drive, resources, and decades of collective experience needed to take your case through to a verdict. You will have the full support of our compassionate team from beginning to end, and we will treat you like we would a member of our family.