Can I Prove Texting and Driving Led to My Accident in North Carolina?
The increasing dependence on smartphones and other handheld devices has resulted in dire consequences for drivers and pedestrians alike. In Charlotte, North Carolina, texting while driving is prohibited among all drivers. Despite this, texting and driving car accidents still occur on a regular basis.
If you or a loved one has been hurt in a distracted driving accident, it is important for you to prove that, indeed, the other driver was texting and driving while behind the wheel. In addition, you need to be able to prove that the distracted driving was the cause of the accident. This establishment of negligence is crucial, especially if you want to be compensated for your injuries.
Important Distracted Driving Laws in Charlotte, North Carolina
If you’re a driver in the state of North Carolina, you will know that certain safety laws and distracted driving laws operate in the state. It is considered illegal for any driver in the state to operate a vehicle and to text, read, or type through a phone or any handheld device. Thus, a negligent driver in texting and driving car accidents can be held liable for any injury or damage to another party.
However, the handheld ban in the state, including in Charlotte, North Carolina, is not absolute. There are exceptions to the unlawfulness of using a cellphone while driving. An example is when a bus driver uses his or her phone for emergency situations or if an underage driver in the state needed to contact a guardian or a parent. During these instances, proving a texting and driving offense can be a challenge.
Regardless of these reasons, there is no denying how texting and driving car accidents could occur at any time and lead to serious injuries. You deserve compensation for any damages you suffered as a result of a distracted driving accident.
If you have been hurt by a negligent driver in Charlotte, North Carolina, one of the main concerns will be proving their liability. For this, you need the help of a committed lawyer who has sufficient experience in handling texting and driving cases in the state.
How Can I Prove a Negligent Driver was Texting and Driving in Charlotte, North Carolina?
The fact that some state laws can be complicated makes any texting and driving case in Charlotte, North Carolina, difficult to handle. Some texting and driving car accidents, moreover, may involve multiple parties who have been negligent themselves.
So how do you prove that the other driver was, in fact, texting and driving? The following are some ways to prove negligence on the part of a texting driver:
- Asking the driver himself or herself. If the other driver mentioned that they were using a cellphone while driving, this confession can serve as evidence of distracted driving.
- Checking if there is a handheld device in the car. You may also take photos to prove the presence of a smartphone inside a vehicle.
- Informing the police officer of the possibility of texting while driving. Your observations and comments can be noted in a police report and may serve as sufficient cause for an investigation.
- Recovering and checking the cellphone. A smartphone will record the time/date of messages and calls sent and received through the device. If the time of the accident coincides with the time of the texts, this could serve as solid proof of driver distraction or negligence.
Hiring a Trustworthy Attorney After Texting and Driving Car Accidents in Charlotte, North Carolina
Different states operate through different distracted driving and driving safety laws. When it comes to seeking compensation from texting and driving car accidents, you need to work closely with a lawyer who has knowledge of state laws and guidelines.
Proving the negligence of the at-fault driver in texting and driving car accidents can take hours or days of serious legal work and planning. If you are still recuperating from your injuries, this can be a challenge to take on your own. What your personal injury lawyer can do is collect evidence that can help prove the negligence of the other driver.
Work with Ted A. Greve & Associates for Your Distracted Driving Claim in North Carolina
Texting and driving is an example of a distracted driving offense, and this can cause serious road accidents and grave physical injuries. Unfortunately, texting and driving car accidents can happen at any time. In order to hold another driver liable for your injuries, you need to be able to prove his or her negligence.
Talk to our dedicated Charlotte auto accident lawyers at Ted A. Greve & Associates today so we can look into your case and start working on your distracted driving compensation claim in Charlotte, North Carolina.