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Hit by a Distracted Driver in North Carolina?

If texting behind the wheel caused your crash, you may have a strong claim. Schedule a confidential consultation to discuss your legal options.

  • Speak directly with a texting and driving accident attorney
  • Serving injured clients across North Carolina

Take the first step. Click below to schedule your case review today.

A split-second glance at a text message can change lives forever.

If you’ve been hurt by someone who was texting while driving, you’re probably dealing with more than just physical pain. Medical bills are piling up. You might be missing work. The insurance company keeps calling with a lowball offer, hoping you’ll just go away.

At DeMent Askew Johnson & Marshall, our North Carolina texting and driving accident lawyers have seen firsthand how these crashes tear apart lives. We know what you’re going through, and we’re ready to help you get the money you deserve while you focus on healing.

Don’t let the driver who hit you get away with putting their text message ahead of your safety.

The Dangers of Texting While Driving

Texting while driving is one of the deadliest forms of distracted driving. Here’s why:

  • Visual distraction: Takes your eyes off the road
  • Manual distraction: Takes your hands off the wheel
  • Cognitive distraction: Takes your mind off driving

According to the National Highway Traffic Safety Administration, sending or reading a text takes your eyes off the road for about 5 seconds. At 55 mph, that’s like driving the length of a football field with your eyes closed.

Common Injuries in Texting and Driving Accidents

When someone hits you because they were texting, the injuries can be severe:

  • Brain injuries
  • Spinal cord injuries and paralysis
  • Multiple broken bones
  • Internal organ damage
  • Severe cuts and road rash
  • Loss of limbs
  • Psychological trauma
  • Death

These serious injuries need lots of medical treatment and rehab. Our attorneys make sure all your current and future medical needs are included in your compensation.

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North Carolina’s Texting and Driving Laws

North Carolina has strict laws against texting while driving that can help your case.

Texting Ban for All Drivers

Under North Carolina General Statute § 20-137.4A, it’s illegal for anyone to text or email while driving. This law makes it clear that texting drivers are breaking the law, which helps prove they were negligent.

The North Carolina Department of Transportation reports that distracted driving contributes to more than 50,000 crashes each year in our state.

Contributory Negligence in North Carolina

North Carolina follows a tough rule called “contributory negligence.” This means if you’re found even 1% at fault for your accident, you might not get any money at all. Insurance companies often try to blame victims to avoid paying claims.

Our experienced personal injury attorneys know how to beat these challenges and build a strong case that puts 100% of the blame where it belongs – on the driver who was texting instead of watching the road.

Compensation Available for Texting and Driving Accident Victims

As a texting and driving accident victim in North Carolina, you may be able to get significant money for your injuries. We work to get you payment for:

  • Medical bills (current and future)
  • Lost wages and reduced ability to earn money
  • Physical pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Loss of enjoyment of life
  • Property damage
  • In fatal accidents, wrongful death damages for family members

Insurance companies typically offer quick settlements that are way too low. Our texting and driving accident lawyers make sure all your suffering and losses are properly documented and included in your compensation.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

How Our North Carolina Texting & Driving Accident Lawyers Can Help You

Texting and driving cases need special legal skills. Our attorneys know exactly how to handle these tricky cases and prove the other driver was texting.

When you work with our texting and driving accident lawyers, we:

  • Get cell phone records to prove the driver was texting when they hit you
  • Collect witness statements from people who saw the driver texting
  • Find and save any traffic camera footage that caught the crash
  • Work with experts to show exactly how the accident happened
  • Talk to insurance companies so you don’t say something that hurts your case
  • Fight for a fair settlement that covers all your losses
  • Take your case to trial if needed to get you fair compensation

We have one goal: to get you the most money possible for your injuries while you focus on getting better.

Proving the Other Driver Was Texting

One of the biggest challenges in texting and driving cases is proving the other driver was actually texting when they hit you. Our attorneys have several methods to prove this:

  • Cell phone records: We can subpoena the driver’s cell phone records to show they were sending or receiving texts at the time of the crash
  • Witness testimony: Other drivers or passengers who saw the driver texting
  • Police reports: Officers often note if they suspect distracted driving
  • Surveillance footage: Traffic or security cameras that may have captured the driver texting
  • Social media evidence: Sometimes drivers even post about texting and driving
  • Accident reconstruction: Experts can analyze the crash pattern to show signs of distracted driving

Our experienced lawyers know how to gather and present this evidence effectively to strengthen your case.

Trust DeMent Askew Johnson & Marshall with Your Texting and Driving Accident Case

Being hit by someone who chose to text instead of drive safely can turn your world upside down. The physical pain, emotional trauma, and financial stress can be overwhelming.

At DeMent Askew Johnson & Marshall, our North Carolina texting and driving accident lawyers have the knowledge, resources, and determination to hold careless drivers accountable and get you the money you need to rebuild your life.

Contact DeMent Askew Johnson & Marshall today for a free consultation to discuss your texting and driving accident case.

Serving injured motorcyclists throughout Raleigh, Durham, Orange, Carteret, and Chatham Counties, and all of North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

How do I know if the driver who hit me was texting?

Sometimes there are clear signs – witnesses may have seen them texting, the police report might mention it, or the driver might even admit it. If not, our lawyers can investigate by getting cell phone records that show texting activity at the time of the crash. We can also look for typical distraction crash patterns, like no brake marks before impact.

Can I still get money if I was partly at fault for the accident?

It’s harder in North Carolina because of our contributory negligence law, but don’t give up hope. If we can prove the texting driver had the “last clear chance” to avoid the accident but was too distracted to notice, you might still recover compensation.

How long do I have to file a texting and driving accident claim?

You have three years from the accident date to file a personal injury lawsuit in North Carolina, according to N.C. General Statute § 1-52. But evidence can disappear quickly, so it’s best to talk to a lawyer as soon as possible after your accident.

What if the texting driver doesn't have insurance?

If you have uninsured motorist coverage on your own auto policy, you can make a claim under that coverage even though you were not in your car. We can also look for other possible sources of compensation, like the driver’s employer if they were on the job, or even the person who was texting the driver if they knew the person was driving.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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