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By itself, being in a car accident can be devastating. Finding out the accident was caused by someone texting behind the wheel, however, can feel like insult added onto your injury. Texting while driving is one of the most preventable causes of car accidents.

If you were involved in a car accident with someone who was texting, a Charlotte texting while driving car accident lawyer could aid in holding the careless driver responsible for their actions, prove their negligence, and obtain payment for damages suffered in the car accident. Call today and schedule a consultation with a skilled car collision attorney.

Texting Does Not Constitute Negligence

Hearing the other driver was texting while driving can be emotionally upsetting. The act of texting while driving can needlessly cause car accidents and endangers people and property. Notably, texting alone does not constitute negligence, the element of causation needed to hold a driver responsible for damages.

A Charlotte texting while driving car accident lawyer could help explain the difference between texting while driving and committing vehicular negligence in preserving one’s right to hold the texting driver responsible.

Understanding Cellphone Laws

If the other driver in the accident was texting or checking emails while driving, they were breaking a traffic law. North Carolina Section 20-137.4A specifically states that it is unlawful for a person to operate a cellular phone behind the wheel, and:

  • Manually enter multiple letters into a cellular phone
  • Manually enter text into a cellular phone
  • Read a text message
  • Read any electronic mail

This law extends to drivers operating both personal and commercial vehicles. It also extends to school bus operators. A Charlotte texting while driving car accident attorney could more fully explain whether the other driver’s actions constituted a violation of Charlotte traffic law.

Penalties for Texting While Driving in Charlotte

While proving texting while driving is not enough to establish fault, it can cause the other driver to be penalized for their actions. If the other driver is found guilty of texting while driving, what that guilty finding will not do is:

  • Cause them to incur any insurance surcharges
  • Prove that they committed negligence or contributory negligence
  • Assess points on their driver’s license (North Carolina Section 20-137.4A)

What it will do is cause the guilty driver to incur a fine of at least $100, pursuant to North Carolina Section 20-137.4A. If the guilty driver was operating a school bus at the time, they could be convicted of a Class 2 misdemeanor and assessed a penalty of at least $100 per North Carolina Section 20-137.4.

Depending upon the car accident, however, an individual’s circumstances may demand more than a mere court fine. A seasoned personal injury lawyer could review one’s particular situation to determine what actions are necessary to hold the other driver responsible.

Talk to a Charlotte Texting While Driving Car Accident Attorney

Texting while driving may have been one of the actions that contributed to the car accident you were involved in. There are different ways to prove the other driver was at fault, and the finding of texting while driving may be beneficial to your exacting circumstances.

Contact a Charlotte texting while driving car accident lawyer today to navigate the consequences of a texting while driving accident and reverse the damage caused by the other reckless driver.