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It is no secret that texting while driving is incredibly dangerous. Over 9% of fatal traffic accidents in the United States in the past seven years have involved some form of distracted driving, according to the Federal Communications Commission (FCC).
Like many states, North Carolina has passed a law that prohibits drivers from texting or emailing while driving, according to the North Carolina General Statutes (GS) §20-137.4A. Despite this law, many drivers still opt for this form of communication when they should be focused on the road. Texting may seem like a quick and easy thing to do behind the wheel, but even a few seconds of distracted driving can cause a serious car accident.
If you were injured in this type of accident, a Marion texting while driving accident lawyer from Farmer & Morris Law, PLLC, may be able to investigate your potential right to recovery. Our firm handles personal injury insurance claims and lawsuits for our clients.
Farmer & Morris Law, PLLC, offers a free consultation to Marion car accident victims. To discuss your case with a member of our team, call us today at (828) 286-3866.
Why Texting and Driving Is So Dangerous
Many drivers think it is safe to text and drive because it seems like a quick and simple way to communicate compared to talking on the phone. However, when a car is traveling at a speed of 55 mph, taking your eyes off the road for even 4.6 seconds to send a message means that you have driven the distance of a football field without looking at the roadway, according to the Federal Motor Carrier Safety Administration (FMCSA).
A lot can change on the road during this time. A driver who texts, checks social media, or otherwise engages with their phone behind the wheel can create a serious risk of danger for other motorists, pedestrians, and bicyclists.
Proving That Someone Was Texting While Driving
Proving that the defendant in your case was texting at the time of the crash may be a challenge. One way to do this may be to refer to any police reports prepared regarding the crash. The police report may mention whether the other driver was using their phone when the accident happened.
A witness to the accident may be able to offer testimony about whether the defendant was texting while driving. There may also be surveillance footage showing the driver’s conduct immediately before the crash. In some situations, you may be able to request cell phone records to show if the driver’s phone was being used in the minutes leading up to the crash. This can be a difficult and complex process, however.
Fortunately, you may be able to prove the responsible party’s liability even without direct evidence that their texting caused your accident. Any violation of traffic law may be used to establish liability in a car accident case. This may include:
- Speeding
- Not leaving a safe stopping distance
- An illegal lane change
- Failure to yield
- Disobeying traffic signals
Accordingly, if a driver drifted into your lane and hit your vehicle while they were texting, you may not need evidence that they were using their phone to hold them liable for your accident. Their illegal lane change may establish their negligence.
Holding a Negligent Driver Responsible
If you are going to pursue compensation from someone who caused your injury accident, you must file a personal injury claim against them. In this claim, you typically will need to show that the other driver was negligent. This requires four steps:
- Duty: First, you must prove that the other party owed you a duty to drive with reasonable care and skill. In general, all motorists have this duty, which involves paying attention to the road following traffic rules.
- Breach: Second, you must show that the defendant did not drive according to this standard of care and breached their duty. A breach of duty may include a violation of traffic law, as mentioned above.
- Causation: Third, you must show that the defendant’s breach of duty caused your accident and injuries. Sometimes, the defendant may try to argue that some other factor was the main cause of your injuries instead.
- Damages: Finally, you will need to provide evidence supporting the damages that you are seeking in the lawsuit.
Without proving all four of these elements, you may not be entitled to financial recovery from the person who hurt you. A Marion texting while driving accident lawyer from Farmer & Morris Law, PLLC, can help you collect evidence of the responsible party’s negligence and liability when we represent you.
Call Farmer & Morris Law, PLLC, at (828) 286-3866 for a free case review with a member of our team.
Call Farmer & Morris Law, PLLC, Today
Sometimes pursuing legal action can seem daunting or overwhelming. This may be particularly true for people who have not pursued a claim before because the system can seem like a mystery.
At Farmer & Morris Law, PLLC, we work diligently to make sure that you receive responsive and efficient legal support. If you qualify, a Marion texting while driving accident lawyer from our firm can coordinate all of the legal work in your case on your behalf.
To get started, call Farmer & Morris Law, PLLC, today at (828) 286-3866. During your free consultation, a member of our team can discuss your case, whether we believe you have a potential claim for compensation and the damages that you may be eligible to receive.
Farmer & Morris Law, PLLC, handles car accident cases on a contingency-fee-basis. If you decide to work with us, we do not charge you attorney fees unless we win a settlement or judgment on your behalf.
