Distracted Driving

Durham Distracted Driving Accident Attorneys

Fighting For Those Who Have Been Hit By a Distracted Driver in North Carolina

If you’ve been in an auto accident in which the other driver was distracted or texting while driving and you were hurt due to negligence, there are a few things to do right away to help protect yourself. Your case may depend on the information that you gather and how quickly you act. With the help of a knowledgeable and compassionate distracted driving accident lawyer in Durham, you can recover the damages to your vehicle and get the medical coverage you deserve.

Injured due to the negligence of a distracted driver? Our Durham distracted driving accident lawyers at Kornbluth Ginsberg Law Group, P.A.  are here to help. Contact us to get started!

What is Considered Distracted Driving in North Carolina? 

Negligence laws, and distracted driving laws, in particular, vary from state to state. Distracted driving is defined by the NHTSA as "any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system."

Different types of distracted driving include the following:

  • Talking on the phone while driving
  • Texting while driving
  • Eating and drinking while driving
  • Driving while pushing multiple buttons on a handheld device (to text or browse the internet)
  • Using any sort of device that requires handheld operation, such as a smartphone or navigation device
  • Reading email or messages via a handheld device

In the case of blatant distraction or texting and driving by drivers, there is an increased risk to others on the roadway.  After a distracted driver causes an accident, you deserve to have the protection you need. 

Common Injuries in Distracted Driving Accidents

Common injuries resulting from distracted driving accidents include:

  • Whiplash and Neck Injuries: Sudden stops or collisions during distracted driving incidents can cause severe neck and whiplash injuries, leading to long-term pain and discomfort.
  • Traumatic Brain Injuries (TBIs): The impact of a distracted driving accident can result in traumatic brain injuries, ranging from concussions to more severe cognitive impairments.
  • Spinal Cord Injuries: High-impact collisions may cause spinal cord injuries, resulting in paralysis, loss of sensation, and a substantial impact on the victim's quality of life.
  • Broken Bones and Fractures: The force of a distracted driving accident can cause fractures and broken bones, requiring extensive medical treatment and rehabilitation.
  • Soft Tissue Injuries: Muscles, ligaments, and tendons can be strained or torn because of the sudden jolts experienced during a distracted driving collision.
  • Emotional Distress: Beyond physical injuries, victims often suffer from emotional pain, anxiety, and post-traumatic stress disorder (PTSD) as a result of the traumatic incident.

What To Do After an Accident With a Distracted Driver

What you should do after a car accident:

  • At the scene, request driver identification and insurance information and gather all accident information that you can (if injuries permit), such as taking photos of the scene and both vehicles, taking a photo of the other vehicle’s license plates, and asking witnesses for contact information.
  • Obtain medical treatment. This should be your first priority, either on scene if needed or directly afterward.
  • Request a copy of the police report. This will provide information about the other driver, witnesses, and whether or not the other driver was given a ticket.
  • Contact witnesses, which can be done by your injury attorneys’ office, to learn if witnesses saw the other driver texting, looking down at their handheld device or otherwise acting distracted.
  • Notify your lawyer of any and all injuries.
  • Relay information to your insurance provider about the case, including the other driver’s negligence, and keep your own Durham car accident attorney abreast of what information you provide.

What Damages Could be Recovered in a Distracted Driving Accident Claim?

Potential damages that could be recovered may include:

  • Medical Expenses: Victims are entitled to compensation for present and future medical costs that are related to the accident, including hospital bills, surgeries, rehabilitation, and ongoing treatment.
  • Lost Wages: If the accident results in the victim's inability to work, they may be eligible for compensation for lost wages, including both current and future earnings.
  • Property Damage: Damages to the victim's vehicle or other property are recoverable in a distracted driving accident claim.
  • Pain and Suffering: Compensation for physical and emotional pain and suffering that had been caused by accident is critical to a successful claim.
  • Loss of Consortium: In cases where the accident has negatively impacted personal relationships, spouses or family members may be entitled to compensation for loss of consortium.
  • Punitive Damages: In certain situations where the at-fault party's actions were particularly egregious, punitive damages may be awarded to punish and deter such behavior in the future.

Contact Our Distracted Driving Accident Lawyer in Durham Today

Our experienced Durham distracted driving accident lawyers at Kornbluth Ginsberg Law Group, P.A. are here to help ease the stress and burden of dealing with legalities and auto insurance carriers so you can focus on getting better.

Contact our office by dialing (919) 336-1932 to speak with our Durham distracted driving accident attorneys.

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