Distracted Driving Accidents
Although the term “distracted driving” has only been prevalent in our society for a decade or so, there have always been people who have focused on something other than their driving while behind the wheel. Although a serious accident may still be caused by non-technological distractions, such as eating, talking to passengers, or putting on makeup, the majority of distracted driving accidents that occur these days are caused by the use of electronic devices. If you or a loved one has been hurt because of a distracted driver, the car accident lawyers at Maurer Law can help you pursue fair compensation for your medical expenses, lost wages, and pain and suffering, among other forms of harm. Our Raleigh distracted driving accident attorneys understand the challenges that you are facing and are experienced in bringing these claims.Pursing a Personal Injury Claim After a Distracted Driving Accident
Distracted driving has become a national epidemic in the last few years, killing thousands of people annually and injuring countless others. Texting, using a smartphone, talking on a cell phone, using a navigation or GPS system, watching a video, or adjusting a radio, CD player, or MP3 player may easily take a driver’s eyes off the road for several seconds. Experts have compared checking a text message while on the road to driving the length of a football field blindfolded, which is an extremely risky proposition.
North Carolina law imposes certain duties on motorists, including the duty to keep a proper lookout. A breach of this duty may result in liability for damages suffered by other drivers, passengers, or pedestrians if an injured person can show a link of causation between the distracted driving and their injuries. The plaintiff has the burden of proof in any negligence lawsuit and must prove their case by a preponderance of the evidence. In a distracted driving case, this means that the plaintiff must show that the defendant’s actions caused them to be distracted to the point of breaching the duty to keep a proper lookout (or another legal duty, if applicable) and that the plaintiff suffered injuries as a direct and proximate result.
The defendant may try to avoid liability by alleging that the plaintiff also was at fault in the accident. Under North Carolina’s harsh contributory negligence rule, a plaintiff’s own fault – even if it was small compared to the defendant’s share of the blame – may serve as a bar to any recovery by the plaintiff. Failing to file a claim within the statute of limitations may also prevent an injured person from recovering damages from a negligent defendant, regardless of the merits of their case. The exceptions to this rule are few, so it is important to enlist a knowledgeable auto accident lawyer who can explain your legal rights in a motor vehicle collision case and take action within the time that you have to assert them.Contact a Distracted Driving Accident Attorney in the Raleigh Area
If you have been hurt in a distracted driving accident, the compassionate motor vehicle collision attorneys at Maurer Law are here to help you pursue compensation from the person who hurt you. To schedule a free, confidential case evaluation with a Raleigh distracted driving accident lawyer, call Maurer Law at (919) 229-8359 or contact us online. We handle cases across the state of North Carolina, including in Raleigh, Durham, Fayetteville, Hickory, Chapel Hill, and the surrounding areas. The sooner that you talk to a qualified injury attorney, the sooner you know that someone is working hard to represent your legal interests.