Texting while driving is not only dangerous, but it is also outright illegal in North Carolina. If you have been injured in a wreck that you believe was caused by another driver who was texting while driving, damage recovery may be in your future. Talk with our experienced Charlotte texting while driving accident lawyer as soon as possible to get more insight into your case.
Shane Smith Law has helped over 10,000 clients get compensation for their damages and injuries, and our Charlotte car accident lawyer is ready to use that experience to help you. Trust us to help you gather evidence, handle insurance calls, and negotiate for a fair settlement on your behalf.
Why Choose Shane Smith Law
Your Charlotte personal injury lawyer can handle the legal challenges while you focus on healing. We will investigate the crash and gather police reports, witness statements, and any available footage due to the importance of having evidence for insurance. This helps us build a clear picture of what happened and who should be held accountable.
Determining liability in distracted driving cases can be complex. We work to identify all responsible parties and collect strong evidence, such as phone records and expert analysis. We also manage all communication with insurance companies to ensure they do not pressure you into accepting less than you deserve.
If a fair settlement is not possible, our Charlotte texting while driving accident attorneys are prepared to take your case to court. With experience handling similar claims, we can present a strong argument on your behalf to recover compensation for your injuries, medical costs, and lost income. We aim to help you secure what you need to move forward with your life as before the accident.
For a free legal consultation with a texting while driving accident lawyer serving Charlotte, call (980) 246-2656
Proving Texting While Driving Can Be Complicated
Proving that the other driver was texting while driving is essential for building a strong personal injury claim, but it is not always straightforward. Distracted driving often happens in a matter of seconds, and drivers may deny that they were using their phone. To establish liability, clear and convincing evidence is needed to show that the driver’s distraction directly caused the crash:
- Cell Phone Records: Subpoenaing the driver’s cell phone records can reveal whether they were texting or using their phone at the time of the accident.
- Witness Testimony: Eyewitnesses who observed the driver using their phone can provide valuable testimony.
- Police Reports: Officers may document signs of distracted driving in their accident reports, which can support your claim.
- Surveillance Footage: Traffic cameras or nearby businesses’ security cameras may have captured the accident or the driver’s behavior leading up to it.
With the right legal support, this type of evidence can be identified, secured, and presented effectively. We understand what is needed to prove distracted driving in a courtroom or settlement negotiation. By acting quickly and using all available resources, we can help build a compelling case that improves your chances of securing full compensation for your injuries.
Charlotte Texting While Driving Accident Lawyer Near Me (980) 246-2656
Understanding Texting While Driving as an Offense
Texting while driving is a form of distracted driving that significantly impairs a driver’s ability to operate a vehicle safely. Legally, it involves manually entering text or characters into a device to communicate with another person or reading any electronic mail or text message while driving. This behavior diverts the driver’s attention from the road, increasing the risk of accidents.
In North Carolina, texting while driving is prohibited under North Carolina General Statutes § 20-137.4A. The law makes it illegal for a person to operate a motor vehicle on a public street, highway, or vehicular area while using a mobile telephone to do anything except make or receive phone calls in a non-hands-free way.
In North Carolina, the penalties for causing a texting while driving accident may vary, but can usually result in fines. For school bus drivers, the consequences rise to a Class 2 misdemeanor, which carries even higher penalties. Importantly, law enforcement officers can stop and cite a driver solely for texting while driving, even if the driver did not commit any other traffic offenses.
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Your Time Window for Filing a Claim for Your Texting While Driving Accident
In North Carolina, the general statute of limitations for personal injury claims is three years from the date of the accident, according to N.C. Gen. Stat. § 1-52(16). Missing this deadline usually means losing the right to file a lawsuit and seek compensation. It is important to act quickly after your accident to meet this important deadline.
In some situations, the statute of limitations may be tolled or paused. For example, if the injured person is a minor or mentally incapacitated, the deadline may be extended. Some claims involving latent injuries may qualify for tolling, so talk with an experienced texting while driving accident attorney in Charlotte soon.
For a texting while driving accident involving a wrongful death claim, it must be filed within two years from the date of the death, not the date of the accident (although those may be the same). Filing within this shorter period is critical to pursue damages on behalf of the deceased’s estate and surviving family members.
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Talk to a Texting While Driving Accident Lawyer in Charlotte Today
If you or a loved one have succumbed to the dangers of texting and driving for teens and adults in Charlotte, it is important to act quickly so you do not run out of time to file a claim. The legal process can be complicated, and missing details or deadlines can prevent you from getting the compensation you deserve.
Contact a texting while driving accident lawyer in Charlotte as soon as possible for your free consultation. We want to make sure you do not have to take on the hard work of gathering evidence and arguing your case alone. Call Shane Smith Law today to find out more about your claim. In Pain? Call Shane!
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