If you or a loved one was injured in a wreck caused by someone who was texting while driving, our legal team at Farmer & Morris Law, PLLC can help determine your legal options. A personal injury lawyer from our team in Rutherfordton can help you pursue compensation for your injuries and other related losses, which you may be entitled to collect.
Our law firm offers free case evaluations to prospective clients. During this meeting, we can begin identifying the at-fault and liable party or parties involved in the case and discuss your options for pursuing financial compensation from them. Once we establish a plan of action, our seasoned team of Rutherfordton car accident lawyers can then help you prepare your case.
You May Have Legal Grounds to Pursue Compensation for Your Damages
Personal injury law in North Carolina gives wreck victims the opportunity to make their case and demand compensation for the injuries and related damages they suffered.
As the plaintiff, you may be able to describe the grievances you have experienced and claim damages from two main categories: economic and non-economic damages. These damages may include:
- Current and future medical bills
- Current and ongoing rehabilitation costs
- Current and future income loss, including loss of benefits or pensions
- Reduced earning capacity
- Property damage
- Pain and suffering and inconvenience
- Disability or disfigurement
While this list does describe some common examples of damages, they are not the only types you may be able to claim, as each car wreck case is unique to the injured individual. Our car accident lawyers team can go through your damages carefully and estimate their value, which will give us an approximate figure to pursue when demanding compensation.
Surviving Family Members May Pursue Compensation on Behalf of a Loved One
Texting while driving can be lethal, since it takes the driver’s attention off the road. Even just a few seconds is enough to collide into another vehicle hard enough to cause a fatality, which is why North Carolina prohibits this driving behavior in G.S. § 20-137.4A.
If you lost a loved one due to a vehicle accident involving a driver who was texting while driving, a car accident lawyer from our office in Rutherfordton can help you prepare a wrongful death claim or lawsuit to pursue compensation. Similar to personal injury cases, qualifying family members can recover several types of damages, including:
- Funeral service costs
- Loss of companionship
- Loss of consortium
- Loss of parental guidance and emotional support
- Loss of society
- Loss of current and future financial support
Our heart goes out to you and your family for grieving this great loss. We aim to support you on this legal journey and guide you throughout the claims or litigation process. Our team can manage the case so that you can continue to grieve at your own pace.
How a Lawyer at Farmer & Morris Law, PLLC, Can Help Build Your Case
Our goal is to help you recover compensation for your injuries after being hurt by a distracted driver. We can help by:
- Providing an investigation into the cause of the accident
- Obtaining and gathering pieces of evidence to support a claim
- Evaluating the financial impact of the collision
- Consulting with medical professionals and accident reconstruction specialists regarding the accident
- Reviewing settlement offers from the liable insurance company
- Representing your legal interests in court, if necessary
If you have any further questions or concerns, the team at Farmer & Morris Law, PLLC, is ready to help. We can discuss our services in a free consultation. During this consultation, we can also get into the specifics about how we might approach your case based on the information we have and might need to retrieve.
We Work on a Contingency-Fee Basis
When considering legal representation, you might have some concerns regarding cost. Yet, by working with us, there is no need to worry. We offer our services on a contingency-fee basis, which means that you do not have to pay us any attorney’s fees up front to get started on the case.
We get paid out of the financial award at the conclusion of the matter. If we cannot successfully recover damages for you and your family, then you are not responsible for our attorney’s fees.
You Only Have a Limited Time to File a Lawsuit for Damages
If you decide to take the case to court, you must do so within three years from the date of the accident, according to G.S. § 1-52. While there could be some exceptions to this statutory rule, in most cases, you could be barred from recovering compensation if you do not take action within this period.
Our team can keep track of your case’s filing deadline as we aim to reach a settlement. However, should it be approaching soon, we will alert you and take appropriate action to submit the lawsuit on time.
Texting While Driving Can Cause Serious Injuries
According to the Centers for Disease Control and Prevention (CDC), distracted driving happens when a motorist engages in activities that divert their attention away from the road.
Distracted driving can involve one or more of the following:
This occurs when a driver’s mind is off the road. This form of distracted driving can occur due to being “lost in thought,” listening to loud music, or talking to passengers.
Visual distractions cause a driver to avert their eyes from the road. This can involve looking at the screen of a cellphone while driving. It can also happen when a motorist’s attention is caught by an event or person outside of the vehicle.
Manual distractions occur when a driver takes one or both hands off the wheel for any reason. This could happen due to eating, drinking, smoking, or reaching for an item.
Texting while driving is a “distraction triple threat.” It takes your mind off the road, your hands off the wheel, and your eyes off potential hazards. If you or a loved one was injured by a motorist who was texting and driving, consider what Farmer & Morris Law, PLLC, can do for you.
Accidents Involving Texting While Driving Can Lead to Various Injuries
Texting while driving is considered a form of negligence that could result in a collision. These accidents can cause injuries, property damage, and other undesirable consequences.
Some injuries that could be sustained in a texting while driving accident include:
- Broken bones
- Sprains and strains
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Permanent scarring
- Loss of limbs
Other injuries not included here may also qualify for a personal injury case. To successfully recover damages, your case will need to be built on negligence. However, proving negligence can be complicated. A personal injury lawyer from our team can help construct a case argument based on the facts available.
Our Legal Team Can Help Establish Negligence in Your Case
As mentioned, texting while driving is illegal in North Carolina, per G.S. § 20-137.4A. You are not permitted to send and read messages while driving. If a motorist causes a collision due to texting and driving, they could be held financially responsible for the wreck.
To establish negligence, your case argument must prove four elements occurred in the vehicle accident. These elements include:
Duty of Care
Our team must prove that the liable party had a legal obligation to take actions that would not harm others.
Breach of Duty of Care
Our team must collect evidence to show how the liable party violated their duty of care. We might be able to subpoena the negligent driver’s cell phone records to establish distracted driving practices.
Our legal team must be able to show that the liable party’s actions resulted in the collision that harmed you.
You have losses stemming from the crash. This could include medical bills, lost wages, and other verifiable expenses.
Get in Touch with Our Legal Team at Farmer & Morris Law, PLLC, Today
We are committed to helping claimants pursue compensation after being involved in an accident with a driver who was texting while driving. A personal injury lawyer from our team can start advocating for your legal rights in Rutherfordton today.
For a free case evaluation, reach out to Farmer & Morris Law, PLLC, at (828) 286-3866.