How to Prove Liability in a Distracted Driving Lawsuit

Despite efforts by the North Carolina Department of Transportation to prevent distracted driving, distracted driving continues to cause serious car accidents every year in North Carolina. Distracted drivers are more likely to react slowly to traffic conditions than drivers who pay attention to the road. Distracted drivers are also more likely to miss safety hazards and engaging preventative moves to avoid a car accident.

There are many different types of distracted driving. Even though people are aware of the dangers of texting and driving, many drivers continue to watch videos, text, or look at their technology while driving. When we think about distracted driving, many of us consider texting while driving. While texting while driving is a common type of distracted driving, there are various other ways drivers can become distracted well on the road, such as:

• Eating or drinking
• Talking to other passengers
• Putting on makeup or grooming
• Searching for a destination on the GPS
• Playing with the radio
• Talking on the phone
• Watching handheld electronic devices and videos
• Trying to help children or pets in the car
• Staring out the window
• Daydreaming
• Taking too long to read safety signs

North Carolina is one of several states that follows the legal doctrine of contributory negligence. According to this doctrine, victims of distracted driving accidents cannot recover compensation if they are found to be at fault for the accident, even to a small degree. For example, suppose a court finds the victim of a distracted driving accident 5% at fault. That victim will not be able to recover any compensation.

Proving liability in a distracted driving case often comes down to the evidence. Your attorney will be able to investigate the details of the accident and find any evidence that shows the other driver was fully responsible for the car accident. CCTV and additional video footage, witness statements, and photographs of the accident scene can help you prove that the other driver is liable. In an accident involving texting and driving, your lawyer may request the cell phone records of the at-fault driver to show whether or not the driver was texting while driving.

Under North Carolina law, all drivers have a duty to drive reasonably under the circumstances for other drivers’ safety. Your attorney will need to use the evidence discovered during the investigation to show that the at-fault driver breached his or her duty by driving unreasonably under the circumstances. Engaging in any of the activities listed above may be considered negligent driving. Reasonable drivers do not text, put on makeup, or eat while driving because these activities put other drivers and passengers at risk.

For this reason, proving liability in a distracted driving lawsuit is incredibly important. If you are the victim of a distracted driving accident, we recommend speaking with an experienced personal injury lawyer as soon as possible. Insurance companies will probably start calling you quickly after the accident and ask you to provide a recorded statement. During the shock of the aftermath of the car accident, it can be easy to admit fault for the accident unintentionally. Insurance companies often use the statement as a means to deny claims outright or offer victims less compensation than they deserve.

One of the best things you can do after being injured in a distracted driving accident is to hire an experienced lawyer. At Arnold & Smith, PLLC, we have represented many victims of driving accidents and obtained compensation for them. We understand what it takes for us to prove that the other driver’s distracted driving caused the accident.

Our personal injury law firm has the resources and experience needed to obtain compensation for our clients. Whether you are filing an insurance claim or a personal injury lawsuit, we will advocate for you to obtain the full amount of compensation for your injuries. Our team of attorneys includes a former insurance defense lawyer. We understand how insurance companies operate and know how to negotiate with insurance companies to ensure our clients get the full settlement amount they deserve.

If you have been injured in a Charlotte distracted driving accident, Arnold & Smith, PLLC is here to help. We will thoroughly investigate your case and advocate for you to obtain the compensation you deserve. Contact us today at 704-370-2828 to schedule your free initial consultation.