Although most drivers are confident in their ability to safely multitask while driving, distracted driving has been a contributing factor in a growing number of motor vehicle accidents in recent years. This increase in distracted driving crashes has led to states enacting laws targeting people who text and drive, but those laws have not completely eliminated the problem. When you have suffered injuries in a crash, you may be able to seek compensation from those responsible for causing your accident. A Durham distracted driving lawyer may be able to investigate your situation, advise you of your rights to compensation, and help you pursue your claim.
When a distracted driving accident occurs, you likely will have many concerns while you are trying to recover from your injuries. Financial matters may be stressful, as you may be unable to work for some time and begin steadily accruing medical bills to treat your injuries.
Our lawyers at Ben Crump Law, PLLC may take your case on contingency, so you do not have to worry about paying us upfront. Instead, you will not pay any legal fees until you receive your settlement. Contact us today at 800-598-7557 to get more information about how we can handle your distracted driving accident claim.
Distracted Driving in North Carolina
The North Carolina Department of Transportation (NCDOT) reports that in 2018, 19.2% of all crashes in North Carolina involved at least one distracted driver. The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts the attention of drivers from their primary task of safe driving. Although texting while driving is a common form of distracted driving that tends to dominate headlines, other forms of distracted driving are also prevalent. Distracted driving can occur when drivers are eating or drinking, talking to passengers, or using GPS or music devices. Any of these non-driving distractions can create a heightened risk of a crash.
For a free legal consultation with a distracted driving lawyer serving Durham, call 800-598-7557
Proving Negligence in Distracted Driving Claims
All drivers have a legal duty to drive safely and follow the rules of the road. When drivers are distracted, violate texting-while-driving laws, or commit other traffic violations, they may violate this reasonable duty of care that they owe others. If other drivers, passengers, pedestrians, or bicyclists suffer injuries as a direct result of negligent behavior, such as distracted driving, then the negligent driver may be liable for the costs of those injuries.
Negligent drivers, however, may not be the only liable parties in distracted driving crashes. For instance, if an individual was working at the time of the crash, his or her employer could be liable for the negligent acts of the individual. Therefore, if a delivery driver became distracted and caused a crash that injured you, then the driver’s company could be liable for the actions of its employee.
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Compensation for Injuries in Distracted Driving Crashes
Economic damages are those forms of compensation that you can easily value in dollars and cents. These awards may include medical bills, property damage to your vehicle, and lost income if you are unable to work.
On the other hand, non-economic damages consist of compensation for non-monetary losses, such as pain and suffering, emotional trauma, and loss of companionship (if you lost a loved one in the crash). Although this form of compensation may be more difficult to value, it does represent significant losses that many people experience when they suffer injuries and/or lose a loved one in an accident.
Time Limits for Distracted Driving Claims
Under General Statutes (GS) § 1-52, injury victims have three years from the date of their crashes to file their distracted driving claims in court. This deadline or statute of limitations can be crucial to your ability to pursue your claim for compensation. If you fail to meet this deadline, you may not be able to file your claim, which could leave you without compensation for any of your injuries.
In the case of a distracted driving accident in which you lose a loved one, you may have a wrongful death claim against the party or parties who negligently caused the fatal accident. GS § 1-53 establishes a statute of limitations that differs from the statute governing personal injury claims. Under state law, family members of the deceased have only two years from the date of death to file their claims.
Although contacting a legal professional is not likely to be foremost in your mind following a devastating accident, acting quickly to get legal advice from a Durham distracted driving lawyer may be necessary to preserve your legal rights to compensation.
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After a devastating accident, you are likely to experience significant stress. You may be worried about your ability to work and support your family, how long it will take you to recover from your injuries, and how you will pay for your medical bills. A
Durham distracted driving lawyer may be able to assist you in seeking compensation for your injuries from the distracted driver any other parties who are potentially liable for the accident.
The attorneys and staff at Ben Crump Law, PLLC are here to help you. We may be able to help you win compensation for any injuries that you or a loved one suffered in a distracted driving accident. You can reach our office at 800-598-7557 and begin the process of holding negligent parties accountable for their actions.