Distracted Driving in Durham
Using a cell phone while driving is considered a crime in North Carolina. This includes using it for texting, writing emails, or looking at social media. It is unlawful to do so is because it is a form of distracted driving, which is unsafe to not only the distracted driver but other drivers as well.
Distracted driving accidents are often a cause of serious injury, and the party who is found liable of this will have to pay for the damages. For a more in-depth discussion about the topic, consult with a Durham car accident lawyer.
Distracted Driving and Inexperienced Drivers
A novice driver is anyone considered to be a new driver on the road such as a teenager or someone who has just gotten their learning permit or driver’s license. It takes a great deal experience of being on the road to drive safely.
Teenage drivers qualify as novice drivers because of their lack of experience. Due to their inexperience, they are known to disregard distracted driving laws. Teen drivers often cause accidents while being distracted by their mobile devices, which is a major risk in causing injury to either themselves or others.
Teenagers who make a mistake behind the wheel do not get treated any differently in regards to the law. Whenever a teenager violates any of the driving laws, they are held to the same standard as an adult in any type of distracted driving situation.
Promoting Intelligent Driving Habits
A person can prevent their teen from being involved in a car accident by insisting that they practice safe driving, put their cell phone away while driving, or even turning it off. A parent can restrict their teen to drive only during the day, avoid driving in adverse weather conditions, or in a situation that is too dangerous given their level of experience.
In the case of an accident a parent should advise their new driver to tell the truth about what happened if they are involved in a car accident. When they get hurt, they should immediately seek medical attention and cooperate with the authorities in any kind of investigation. They should seek legal advice through their parents if there are any questions that come up or if they are asked to give any type of recorded statement.
Cell Phone Effects on Claims
Using a cell phone while driving will eliminate the ability to collect any damages in an insurance claim. They may be held responsible under the theory of contributory negligence. That means that if an individual is even one percent at fault for causing the accident, that person may not be able to recover any monetary damages for their injuries.
If the other party is using the cell phone during an accident, it could be used as evidence of distracted driving. If that can be supported in court through collected evidence, then the at-fault party will have to financially cover any injuries sustained, and damage inflicted upon the other person’s property.
Cell phones records can be used as evidence against a person who is accused of distracted driving. An attorney can subpoena those records or force the cell phone company to turn the records over to be investigated. These records can confirm that the cell phone was used during the exact time the accident took place.