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If you’ve been injured in an accident caused by texting while driving in North or South Carolina, you know the pain and disruption it can bring to your life.
At Farmer & Morris Law, PLLC, we understand the challenges you face—from physical injuries to emotional and financial burdens. We commit to standing by your side and providing the legal support you need to claim the justice and compensation you deserve.
You shouldn’t navigate this difficult time alone. Call us today for a free consultation, and let our car accident lawyers help you begin the journey toward recovery.
The Dangers of Texting While Driving
Texting while driving is one of the most dangerous forms of distracted driving. The split second that your eyes are off the road while texting can lead to catastrophic results. This hazardous behavior not only increases the risk of causing an accident but also significantly raises the likelihood of severe injuries or fatalities.
Each year, thousands of accidents are attributed to drivers who divert their attention to their phones instead of focusing on the road. By texting, drivers fail to see sudden stops, pedestrians, and other vehicles, turning what could be a normal drive into a tragic mishap. This behavior affects not only the driver but also passengers, other motorists, and pedestrians.
Farmer & Morris Law, PLLC believes that those impacted by such reckless actions should receive full compensation for their suffering and losses. If you or a loved one has been affected by a texting while driving accident, our personal injury attorney can help.
Pursuing Compensation After a Texting While Driving Accident
When you fall victim to a texting while driving accident, the law allows you to pursue several types of damages. These compensations are designed to cover both the tangible and intangible losses you experience due to the accident.
- Lost income: If your injuries prevent you from working, you can recover lost hourly wages, salaries, bonuses, and tips. This also extends to future earnings if your ability to work has been permanently impacted.
- Medical expenses: Compensation can cover all medical-related expenses, from immediate emergency services to long-term care, including rehabilitation and therapy.
- Pain and suffering: This covers physical pain and emotional distress suffered due to the accident, which might include anxiety, depression, and loss of enjoyment of life.
- Property damage: You can receive compensation for damages to your vehicle and other personal property.
We can help you understand the full scope of damages you are entitled to receive and work to ensure you receive the best compensation possible from the insurance companies. If you’re dealing with the aftermath of a texting while driving accident, call Farmer & Morris Law, PLLC today for a free consultation to explore your legal options.
Establishing Negligence in Texting While Driving Cases
Proving negligence in a texting while driving accident is crucial to securing compensation. We gather evidence to demonstrate the other driver’s negligence and your right to damages. Here’s how we approach these cases:
- Collecting cell phone records: We request the at-fault driver’s cell phone records to prove that they were texting at the time of the accident. These records are compelling evidence that the driver was distracted.
- Speaking with your doctors: We will also collect your medical records and speak with your doctor about your prognosis, understanding how the accident has affected you and whether you will need long-term care.
- Gathering eyewitness statements: Eyewitnesses who saw the distracted driver texting can provide corroborating statements that support your claim.
- Using police reports: Police officers at the scene often note details and facts they observe in their reports. Our accident attorneys review these documents carefully as they are vital in establishing negligence.
- Expert witness testimonies: Our texting while driving accident attorneys employ various experts to validate or explain aspects of the wreck. For example, accident reconstruction specialists can reconstruct the accident scene to show how the texting directly contributed to the crash.
- Video and photographic evidence: Traffic and dashcam footage can be instrumental in proving that the negligent driver was not paying attention to the road.
Our team at Farmer & Morris Law, PLLC is committed to building a robust case on your behalf.
Understanding the Four Elements of Negligence in Texting While Driving Cases
For a successful claim in a distracted driving accident, it is crucial to establish the four elements of negligence. We ensure that each of these elements is thoroughly addressed to build a strong case on your behalf:
- Duty of care: The law requires that drivers must act with reasonable care towards others on the road. This includes the responsibility to avoid distractions, such as texting while driving.
- Breach of duty: We demonstrate that the other driver breached this duty by engaging in texting while driving, which is inherently risky and diverts attention from the road.
- Causation: It must be shown that the driver’s breach of duty—texting while driving—directly caused the wreck. This link between the act of texting and the wreck is critical to prove negligence.
- Damages: Finally, there must be quantifiable damages resulting from the wreck. This can include physical injuries, emotional distress, medical expenses, lost wages, and property damage.
Our team at Farmer & Morris Law, PLLC substantiates these elements with the evidence we collect during our investigation.
Statutes of Limitations for Personal Injury Claims in North and South Carolina
The statutes of limitations in North and South Carolina set strict deadlines for filing a lawsuit, and failing to meet them can result in the loss of your right to seek fair compensation:
- N.C. Gen. Stat. §1-52: In North Carolina, you generally have three years from the date of the wreck to file a personal injury lawsuit. This includes cases involving injuries from texting while driving accidents.
- S.C. Ann. §15-3-530: South Carolina also provides a three-year period to file a personal injury lawsuit, starting from the accident date.
These deadlines affect how long you have to initiate legal proceedings against the party responsible for your injuries. If you do not file your lawsuit within this period, you typically lose your opportunity to pursue compensation through the courts.
If you are seeking legal counsel, it’s important to contact them as soon as possible after an accident to ensure your lawsuit is filed within these time limits. It also allows them time to collect evidence before it is lost or destroyed.
Call Farmer & Morris Law, PLLC for Legal Assistance With Your Texting While Driving Accident
Farmer & Morris Law, PLLC provides a free consultation to accident victims. We also work on contingency, so there are no financial risks to you.
Learn how our texting while driving accident lawyers can help you today. Contact us now.
