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Distracted drivers are a danger to other drivers, personal property, and themselves. In an effort to curb this problem and make North Carolina roads safer, laws were implemented in recent years to limit the use of wireless telephones while drivers operate motor vehicles. Despite that, accidents are still routinely caused by distracted drivers actively using their handheld device and texting while driving.

Those injured by a distracted driver may have legal recourse with the assistance of a dedicated injury attorney for any damages suffered as a result. If you were injured in an automobile accident by someone texting while driving, an experienced Greenville texting while driving accident lawyer can help you explore your legal rights and options for compensation.

Text Messaging Ban

North Carolina prohibits drivers from reading, writing, or sending text messages or emails while their vehicle is in motion. It is not, however, illegal to send or respond to emails and text messages while the vehicle is completely stopped or parked, even if the motor is running. Texting while driving is punishable by a $100 fine.

Novice Drivers and Bus Drivers

Drivers under the age of 18 years old are defined as novice drivers in North Carolina. Novice driver and bus drivers are strictly prohibited from all cellular telephone usage—including hands free usage—while driving. Use of a cellular telephone by a driver grouped into either category can be grounds for primary enforcement.

Primary enforcement authorizes police to stop and cite a driver specifically for using their phone while driving, rather than only being able to cite for this offense after the driver has been stopped for another traffic violation. Bus drivers over the age of 18 can be punished for violation of the law with fines up to $100. Novice drivers may be punished with a $25 fine.

Establishing Fault

Fault may not be easily determined after a texting while driving accident, because the driver may not readily admit to their actions. An experienced Greenville texting while driving lawyer may be able to enlist accident investigators to determine whether the driver was texting at the time of the crash.

If it can be established that the other driver caused an accident because they were texting while driving, the injured victim may be entitled to recover damages. “Damages” in this context refers to a monetary award meant to compensate an injured victim for any losses stemming from the accident in question. These may include the cost of replacing or repairing the victim’s vehicle, medical bills, lost wages, and in some cases more qualitative losses such as general pain and suffering.

How a Greenville Texting while Driving Accident Attorney Can Help

An attorney’s role in a texting while driving accident suit may include negotiating with the insurance company on your behalf before and after filing a claim in court, and—if necessary—making sure your side is presented in the most persuasive way possible if the case is litigated in court.

If you have been injured because someone was else was a distracted driver, a Greenville texting while driving accident lawyer could work to get you the best possible compensation. Call now to find out more.