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People should always refrain from being distracted when they are behind the wheel of a car. Accidents might occur when someone is distracted either sending or receiving a text, and such accidents may lead to serious or even fatal injuries.

You might want to contact a Fayetteville texting while driving car accident lawyer if you were injured by a distracted driver. By thoroughly investigating your claim, a detail-oriented car accident attorney could help you determine your next steps.

Laws Regarding Texting While Driving

In North Carolina, it is illegal to either send or read a text while operating a motor vehicle. N.C.G.S. §20-137.4A. That does not mean the texting party will automatically be found wholly responsible for an accident, as the statute specifies that evidence of texting does not constitute negligence per se. A Fayetteville texting while driving lawyer could help an injured party understand their rights in the event of a car collision.

Evidence of someone texting while driving should suffice to establish liability for an accident. Since North Carolina employs contributory negligence law to such circumstances, the injured driver may still be barred from recovery if they are found to be one percent or more responsible for the accident and the texting driver is 99 percent responsible. Sorrells v. MYB Hospitality Ventures, 332 N.C. 645 (1992). While this may seem unfair, there are exceptions to the rule which a lawyer might explain to an injured party.

One exception is known as the “last clear chance” doctrine, which essentially means that if the other driver could reasonably have avoided the accident notwithstanding the negligence of the injured party, the contributory negligence bar may not apply. Watson v. White, 309 N.C. 498 (1983).

Another exception is where the conduct of the other driver is intentional or wanton in causing the accident. Yancey v. Lea, 354 N.C. 48 (2001). Legal counsel might be of assistance in determining whether any of the exceptions apply.

Filing a Claim in Fayetteville

 In North Carolina, a negligence claim such as that against a texting driver must be brought within three years. N.C.G.S. §1-52. Therefore, it may be wise to reach out to a texting while driving accident attorney in Fayetteville immediately.

Following an accident, an injured party may be entitled to various damages from the texting driver. This may include:

  • Reimbursement of medical expenses and payment for future medical needs
  • Compensation for pain and suffering
  • An award for lost wages and future work limitations due to the accident
  • Compensation for property damage

Whether the accident involved cars, motorcycles, or trucks, an attorney may be able to help explain potential avenues of recovery.

Speak with a Fayetteville Texting While Driving Accident Attorney

People who drive while texting can cause misery to other responsible drivers. If you have been injured due to a texting while driving crash, a Fayetteville texting while driving lawyer could help you fully protect your rights. Call today and schedule a free consultation with a dedicated and skilled attorney.