If you were injured in a car accident caused by a distracted driver, do not hesitate to contact DeMayo Law Offices ™. We can review the facts of your case to determine whether we can hold the other motorist liable for the harm they caused. You deserve the opportunity to pursue compensation to cover your medical treatment and other expenses.
Driving a car, truck, or other type of vehicle requires focus. Distracted driving involves behavior that directs a person’s attention away from the task of driving. It’s dangerous and can lead to severe injuries and death. Driving a car, truck, or another type of vehicle requires focus. When drivers allow distractions to prevent them from paying attention to their surroundings, deadly crashes can occur.
Deadly accidents may occur when drivers allow distractions to keep them from paying attention to their surroundings. The most worrying part of distracted driving accidents is how easily they can be avoided.
At DeMayo Law Offices, we understand the adverse effects of suffering an injury in a car accident. Someone else’s negligent actions put you in this situation. Thinking about seeking medical treatment while pursuing an insurance claim can be overwhelming. You can count on us to handle the responsibility for your case so you can focus on your recovery.
The car accident lawyers of DeMayo Law Offices have more than 150 years of combined experience working on cases like yours. When you hire us, we will fight to hold the distracted driver accountable for their misconduct. You will receive personalized attention and representation from our legal team until the end. Call us at (877) 333-1000 right now for your initial free legal consultation.
Common Types of Driver Distractions
Engaging in any activity that diverts a driver’s attention away from driving is considered distracted driving. According to the National Highway Traffic Safety Administration, 3,142 people died in car accidents related to distracted driving in 2020
Although many people understand the risks they take when texting while driving, most don’t realize that other distractions can increase the likelihood of a collision. Something as simple as drinking water while driving diverts a person’s attention. Even if it’s for a fraction of a second, it’s enough time to fail to recognize a hazard or dangerous condition and crash.
The three types of distractions are:
A visual distraction involves any task taking a person’s eyes off the road ahead. When distracted drivers don’t look at their surroundings, they can’t see the dangers they might encounter. Noticing a pothole, stopped traffic, or pedestrian crossing the street and stopping in time is unlikely when their attention is elsewhere.
The most common visual distractions include:
- Turning to look at a passenger in the vehicle
- Reading a text or email
- Looking at GPS directions
- Looking at something on the side of the road
A manual distraction requires a motorist to take one or both hands off the wheel. Although it’s common for drivers to use only one hand to maneuver their cars, it can become a serious problem if they need to react quickly. Swerving out of the way with only one hand on the steering wheel is challenging.
Common types of manual distractions include:
- Drinking and eating
- Changing the radio
- Reaching for something in the vehicle
- Typing a text or email on a cell phone
Cognitive distractions are those that take a driver’s attention and focus away from the task of driving. A driver might focus elsewhere, preventing their brain from registering what’s happening before them. The most common cognitive distractions drivers can face include:
- Singing along to the radio
- Thinking about a stressful or upsetting situation
- Exhibiting acts of road rage
If you were involved in an accident with a distracted driver, reach out to DeMayo Law Offices today. One of our North or South Carolina distracted driving accident lawyers will be happy to review your case and advise you about your available legal options.
Steps to Take After a Distracted Driving Car Accident
The shock you experience in the immediate aftermath of an accident can lead to poor judgment and decision-making. Many people are in pain and don’t know what to do next. It’s critical to understand the steps you need to take after a car crash to protect your rights to compensation from the negligent driver.
Once you leave the accident scene, go to the emergency room or call your doctor for an appointment. It’s best to treat your injury within hours or days of the crash. If you wait too long before beginning treatment, you cause problems not only with your recovery but also with your case. Insurance companies often look at delays or gaps in treatment as evidence of a non-serious or non-existent injury.
After your initial appointment and diagnosis of your injury, follow up with any medical providers the physician recommends. Whether you need surgery, rehabilitation, prescriptions, or physical therapy, you should listen to your doctor’s instructions.
Medical records are valuable evidence during a car accident case. While you’re treating your injury, maintain copies of every document you receive. Doctor bills, imaging test results, operative reports, and other records could prove you suffered an injury in the crash and should receive compensation for your expenses.
You should contact DeMayo Law Offices soon after the crash. Although you might think you can handle the claims process alone, having an experienced legal team on your side is beneficial.
You have the right to file a personal injury claim against the distracted driver in civil court for personal injury to compel them to compensate you for your losses. Your DeMayo Law Offices lawyer will fight to get you compensation for your distracted driving accident injuries.
One of our North or South Carolina distracted driving accident lawyers can take your case, so you can spend your time focusing on healing your injury.
Possible Compensation After a Distracted Driving Accident in North Carolina
In North Carolina, state law requires every driver to buy and maintain auto insurance with minimum liability limits of:
- $30,000 for bodily injury to one person
- $60,000 for bodily injury to two or more people
- $25,000 for property damage
South Carolina is a state that recognizes comparative negligence, meaning if the injured motorist is found to have contributed to the collision in any way, the amount of their recovery will be diminished accordingly.
In South Carolina, you must carry at least $25,000 in bodily injury coverage per person and $50,000 in total coverage for all people injured in a single accident.
You could file a claim with the distracted driver’s insurance company and seek compensation for your losses. The amount of money you receive will depend on the available liability coverage, the severity of your injury, and additional factors related to your case.
Liability insurance could compensate for the past and future losses you suffered from the car crash, such as:
- Medical bills
- Property damage
- Loss of enjoyment of life
- Emotional distress
- Lost wages
- Lost earning capacity
- Pain and suffering
If the at-fault motorist’s insurer denies your claim or doesn’t settle for an adequate amount, you could proceed with filing a lawsuit to recover money for your accident-related injuries and losses. Punitive damages are another type of compensation you may be eligible to receive. An award of this type is meant to punish the defendant for their actions. In a lawsuit, you could receive this financial award if you can provide clear and convincing evidence of an association between the negligent driver’s malice, fraud, or willful or wanton conduct and your injury.
Compensation is also available in a wrongful death case. You could file a wrongful death lawsuit if your loved one died in a car accident due to a distracted driver. The compensation you receive might be able to cover a range of losses suffered by you and your family, such as:
- Loss of the deceased’s income
- Pain and suffering the deceased experienced from the accident
- Loss of care, services, assistance, and protection the deceased provided to the family
- Hospital and medical costs associated with the injury resulting in death
- Burial and funeral expenses
- Loss of comfort, society, advice, companionship, and guidance
Deadline to File a Lawsuit
A statute of limitations is the timeframe a person has for filing a lawsuit after a car accident. If you want to sue the distracted driver for their misconduct, you must file before the deadline.
North Carolina and South Carolina have a three-year statute of limitations. That means you must initiate your lawsuit in civil court within three years of the crash date. You could lose your right to pursue compensation through the court system if the statute expires before you file.
Why Choose DeMayo Law Offices?
DeMayo Law Offices has fought on behalf of North and South Carolina accident victims since 1992. Our clients deserve quality legal representation and services during their time of need. We will provide one-on-one attention and treat you as a priority throughout your case.
We are proud of the reputation we have maintained for more than 30 years. Multiple organizations have recognized us for our hard work and case results, including The National Trial Lawyers, Million Dollar Advocates Forum, and Super Lawyers. We also hold an AV Preeminent® rating from Martindale-Hubbell. Only the top legal professionals achieve this rating.
DeMayo Law Offices,Your North Carolina Law Firm™, understands the financial strain of seeking treatment for an injury. You might not be able to afford your medical bills. We don’t want to burden you with additional expenses while you pursue compensation from the at-fault party. That’s why we take distracted driving car accident cases on contingency. You won’t have to pay us upfront for our services. We only collect our legal fees and costs if we secure compensation for our clients.
If a distracted driver caused your injury in a car accident, contact DeMayo Law Offices immediately. We know you have been struggling since the crash and want to help you hold the negligent motorist liable. You can count on us to be your advocate during this challenging time in your life. We will put our experience and skills to work to try to reach your desired outcome.
Call us at (877) 333-1000 for your free consultation with our North and South Carolina distracted driving accident law firm.