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Distracted driving is one of the leading causes of auto accidents across the country. Perhaps no instance of distracted driving is more prevalent than people using their phone while behind the wheel. This has become such a problem that the State Legislature now makes it a violation-level offense, with a conviction possibly resulting in the payment of a fine.

While this may or may not actually discourage phone use, the presence of this statute can be helpful for injured individuals who are attempting to collect damages following a collision with a careless driver. This is because any conviction for a violation could be helpful for helping to demonstrate to a civil court that a defendant was at-fault for a crash.

Even if this is not the case, however, a Wake Forest texting while driving car accident lawyer could still help an injured claimant to pursue compensation in a civil lawsuit. A dedicated attorney could work tirelessly to uncover evidence of phone use, leverage evidence into a persuasive claim, and demand full and fair compensation for your losses.

Texting While Driving as a Traffic Offense

All drivers have a responsibility to keep their attention on the road at all times. Not only is this a fundamental component to driving safely, but it is also required under the law. Unfortunately, phone use is a common way that many people fail in this responsibility. As a result, North Carolina Statute §20-137.4A states that it is illegal for any driver to use a mobile phone to type letters or use other functions of a phone.

In this way, a person who uses a cell phone to browse the web or write an email is just as liable as someone who is texting. If anyone is given a citation or is charged with texting while driving after a collision, a skilled Wake Forest lawyer could work with an injured individual to demonstrate fault in for a car accident claim.

Intersections Between Traffic Court and Civil Claims for Damages

Normally, traffic courts and civil courts are separate and distinct. However, there might be interactions between the outcome of traffic cases and civil claims with regards to the damages an injured motorist is pursuing.

This is because of a legal concept known as res judicata, which means that a court will not consider the same question twice. For instance, if a traffic court issues a ruling that a defendant driver was on their phone while behind the wheel, that same defendant cannot argue that they were not texting in a civil claim for the same accident. Furthermore, courts use another concept of law known as negligence per se to assign fault.

Normally, plaintiffs bear the burden of proving defendant negligence in car crash cases. However, negligence per se allows a court to assume that a defendant was negligent if they receive a conviction for violating a law designed to protect public safety. The laws prohibiting phone use while driving is a prime example of this dynamic. As a result, if a plaintiff can show that a traffic court convicted a defendant of texting while driving after a car wreck, that plaintiff might have an expedited path to recovery with the help of a seasoned Wake Forest attorney.

How a Wake Forest Texting While Driving Car Accident Attorney Might Help

A driver who allows themselves to become distracted while behind the wheel places all people at a serious risk of harm. A moment’s lapse in concentration can lead to severe and even fatal collisions.

However, if you were injured in a crash with a careless and distracted driver, you have legal options and could benefit from the counsel of a Wake Forest texting while driving car accident lawyer. A tenacious attorney could help to provide more information about your rights following a crash, and could work tirelessly to gather evidence for a persuasive claim. To learn more, call a legal professional today.