Distracted driving is highly common across North Carolina, including the Cornelius area. If a distracted driver injures you in an accident, you may suffer severe physical and financial losses that affect you for years. You should consult an experienced Cornelius car accident attorney. They can pursue compensation for your losses, including medical expenses, pain and suffering, and lost earnings.
Our skilled Cornelius distracted driving lawyers at Horton & Mendez, Injury & Car Accident Lawyers have helped hundreds of personal injury victims get the compensation they deserve.
Why Choose Us?
Horton & Mendez, Injury & Car Accident Attorneys, an experienced law firm in Cornelius, handles car and distracted driving accident claims with a strong success rate. Our skilled distracted driving attorneys, including former insurance defense lawyers, are well-versed in the strategies insurance companies use to minimize payouts. We utilize our skills to advocate fiercely on your behalf, ensuring you receive the maximum compensation for injuries caused by distracted driving.
Recent motor vehicle settlements include:
- $8 million for a truck accident
- $350,000 for a truck accident
- $300,000 after a car accident
- $100,000 for motorcycle accident injuries
- $95,000 for a rear-end collision
Our Cornelius distracted driving accident attorneys offer free consultations to evaluate your case and determine negligence. If your claim is viable, we will tenaciously negotiate with insurers to secure compensation for medical expenses, lost income, and other damages.
Call (980) 414-5755 to connect with a Cornelius distracted driving accident lawyer and begin seeking the compensation you deserve.
How Do Distracted Driving Accidents Happen?
Several types of distractions contribute to distracted driving crashes:
Visual Distractions
Visual distractions happen when drivers take their eyes off the road. In North Carolina, a common scenario is drivers looking at their phones to read texts, emails, or GPS directions.
Manual Distractions
Manual distractions involve taking one’s hands off the steering wheel. Common examples include eating, drinking, or adjusting the radio while driving. In urban areas like Charlotte, a driver might reach for a coffee cup during rush hour on I-77, failing to brake in time for stopped traffic.
Cognitive Distractions
Cognitive distractions occur when a driver’s mind is not focused on driving. Daydreaming, engaging in heated phone conversations, or arguing with passengers can cause drivers to miss critical cues, like a red light or a pedestrian crossing.
Technology-Related Distractions
Smartphones are a leading cause of distracted driving accidents in North Carolina. Despite the state’s ban on texting and emailing while driving, many drivers still use handheld devices.
Who Is Liable For My Distracted Driving Accident?
Receiving compensation for a distracted driving injury claim means proving who caused the accident. Determining liability for a distracted driving accident in North Carolina depends on the specific accident details, the party responsible for the distraction, and the available evidence. Your Cornelius distracted driving lawyer will review your case to determine who was at fault for the accident. Potential scenarios affecting liability are:
The Other Driver
In North Carolina, the driver who causes an accident due to distracted driving, such as texting, eating, or adjusting the radio, is typically liable for damages. The state operates under an “at-fault” system, meaning the party responsible for the accident must cover costs like medical bills, property damage, and pain and suffering.
For example, if a driver were texting and rear-ended your truck, they would generally be liable. Proving distraction often requires evidence such as cell phone records, witness statements, or traffic camera footage that shows the driver’s inattention.
North Carolina law prohibits explicitly texting or emailing while driving for all drivers, and violations can strengthen a liability claim by demonstrating negligence. Our distracted driving lawyer will gather any evidence that proves the other driver was distracted.
An Employer
Liability may extend beyond the distracted driver in some instances under North Carolina’s vicarious liability principles. For example, if the at-fault driver was working at the time of the accident, the employer can be liable under the doctrine of “respondeat superior,” provided the driver was acting within the scope of their job.
Similarly, the “Family Purpose Doctrine” may hold parents liable if their minor child causes an accident while driving the family car for a family-related purpose. These doctrines allow injury victims to pursue compensation from additional parties, such as employers or parents, who may have more extensive insurance coverage.
How Much Is My Distracted Driving Claim Worth?
In North Carolina, a distracted driving claim can include both economic and non-economic damages. Economic damages refer to tangible losses, including medical expenses, lost wages resulting from missed work, and property damage. Future anticipated costs should also be included.
Non-economic damages compensate for past and future pain and suffering, emotional distress, or reduced quality of life. These damages are subjective and open to interpretation. Your attorney will provide the insurance company with your medical information and injuries to document your degree of pain and suffering.
If the accident left you with long-term pain or anxiety, you might seek compensation for these intangible harms. In severe cases, such as permanent disability or disfigurement, non-economic damages can significantly increase the claim’s value.
We recommend having a skilled distracted driving attorney review your case. They will determine if another party may be at fault and assess your potential case value.
How Horton & Mendez, Injury & Car Accident Attorneys Prove Liability
Proving liability requires strong evidence that the other driver’s distraction caused the accident.
This can be challenging; distractions like daydreaming or conversations with passengers are harder to prove than texting, making it more difficult to establish accountability.
Our Cornelius distracted driving attorneys often rely on cell phone records, police reports, or eyewitness accounts to build a case. Additionally, North Carolina’s primary enforcement of distracted driving laws means police can stop drivers solely for texting, and any citations issued can support your claim that the other party was distracted.
Contact Our Cornelius Distracted Driving Lawyers Now
You shouldn’t have to pay out of pocket when a distracted driver in Cornelius injures you. Rely on our tenacious distracted driver attorneys in Cornelius to fight for you. Contact Horton & Mendez, Injury & Car Accident Attorneys today for a free consultation at (980) 414-5755.
