Distracted driving has become one of the most dangerous behaviors on American roads, and North Carolina is no exception. According to the North Carolina Department of Transportation, distracted driving contributes to thousands of accidents each year in the state, resulting in hundreds of deaths and tens of thousands of injuries.

What Is Distracted Driving?

Distracted driving is any activity that diverts attention from the primary task of operating a vehicle. The NHTSA categorizes distractions into three types:

  • Visual distractions: Anything that takes your eyes off the road, such as looking at a phone or GPS.
  • Manual distractions: Anything that takes your hands off the steering wheel, such as eating or adjusting the radio.
  • Cognitive distractions: Anything that takes your mind off driving, such as daydreaming or intense conversation.

Texting while driving is considered the most dangerous form because it involves all three types simultaneously: the driver takes their eyes off the road, their hands off the wheel, and their mind off driving.

North Carolina Distracted Driving Laws

North Carolina has enacted several laws aimed at combating distracted driving:

  • Texting ban for all drivers: N.C.G.S. section 20-137.4A prohibits all drivers from reading, writing, or sending text messages while operating a vehicle. This is a primary enforcement law.
  • Cell phone ban for novice drivers: Drivers under 18 are prohibited from using any mobile phone while driving, including for voice calls.
  • School bus drivers: School bus drivers are prohibited from using cell phones while the bus is in motion.

Notably, North Carolina does not currently have a comprehensive handheld phone ban for adult drivers. However, a driver who causes an accident while talking on the phone can still be held liable for negligence.

Proving Distracted Driving in an Accident Case

Common types of evidence used to prove distracted driving include:

  • Cell phone records: Your attorney can subpoena the other driver's cell phone records to determine activity at the time of the crash.
  • Witness testimony: Other drivers or bystanders who saw the driver using their phone.
  • Police report: If the officer noted evidence of distraction.
  • Surveillance footage: Traffic cameras, dashcams, and security cameras.
  • Vehicle data: Event data recorders that provide information about the driver's actions before a crash.
  • Social media activity: Evidence of posting on social media near the time of the accident.

Compensation for Distracted Driving Injuries

If injured by a distracted driver in North Carolina, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. In cases involving particularly reckless behavior, punitive damages may also be available.

Because North Carolina follows the contributory negligence rule, the at-fault driver's insurance company may try to argue you were also at fault. Having an experienced attorney is essential to counter these tactics.

Contact Dr. Ted Injury Law

If you or a loved one has been injured in a distracted driving accident, our experienced attorneys can investigate the accident, prove liability, and fight for the compensation you deserve. Call (800) 555-HURT for a free consultation.