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What Do I Do if I Was Hit by Someone Texting While Driving?

By Jeremy Bradford
Founding Partner

Texting while driving is a growing problem in North Carolina. Drivers who take their eyes off the road to read or send a text message increase everyone’s risk of serious accidents and injuries. If a driver hits you while texting, knowing your legal rights and the next steps you should take can protect your health and financial well-being.

The Dangers of Texting While Driving

Texting while driving is especially dangerous because it distracts a driver in three ways:

  • Visual Distraction – Taking your eyes off the road to look at your phone
  • Manual Distraction – Taking your hands off the wheel to type or send a message
  • Cognitive Distraction – Taking your mind off the task of driving to compose or read a text

According to the National Highway Traffic Safety Administration (NHTSA), the act of sending or reading a text message takes your eyes and attention off the road for an average of five seconds.

Steps to Take After a Texting While Driving Accident

If another driver was texting and hit you, take the following steps to protect your health and your legal rights:

  • Call 911 – First, call the police to report the collision and request medical assistance if needed. Even if your injuries seem minor, you must get a medical evaluation to rule out any hidden injuries and establish a record of your condition.
  • Document the Scene – If safety permits, take pictures of vehicle damage, any visible injuries, and the accident scene. Get the contact and insurance information of the other driver and any witnesses who saw the accident.
  • Avoid Admitting Fault – Don’t apologize or say anything that could suggest you’re admitting fault for the accident. It’s the police’s and insurance companies’ job to investigate and determine liability.
  • Notify Your Insurance Company – Contact your insurer to report the accident and initiate the claims process. Be honest about what happened, but avoid speculating about fault or the extent of your injuries. Stick to the clear facts.
  • Contact an Experienced Car Accident Attorney – Consult a knowledgeable North Carolina car accident lawyer right away. An attorney can help you understand your legal rights and options following the collision.

Proving Fault in a Texting While Driving Accident

To recover compensation for your injuries and losses after a texting while driving accident, you’ll need to prove that the other driver was at fault. Some key pieces of evidence that can help support your claim include:

  • The police report
  • Cell phone records
  • Eyewitness statements
  • Traffic, dash cam, or surveillance camera footage
  • The other driver’s admission of guilt
  • Medical records

An experienced car accident attorney can help gather and present this evidence to build a strong case on your behalf.

Compensation in Texting While Driving Accident Cases

If you’ve been injured by a driver who was texting behind the wheel, you may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Punitive damages (in cases of gross negligence)

The amount of compensation you can recover will depend on factors such as the severity of your injuries, their expected long-term impact, the extent of your financial losses, and the strength of your case.

Contact a Personal Injury Attorney Today

Being involved in an accident caused by someone who was texting while driving can be a traumatic and life-altering experience. Always keep in mind that you have legal rights and options for seeking compensation for your injuries and losses. The car accident attorneys at Bradford Law can help hold the at-fault driver accountable and pursue the compensation you deserve. Contact us today to get started with a free consultation.

About the Author
I am Jeremy Bradford, the founding and managing attorney of Bradford Law. From my offices in Charlotte, NC, I travel all across North Carolina helping injured people fight against insurance companies, in what could be life-altering circumstances. I have made a point to develop strong relationships with my clients. I take the trust my clients put in me personally and put myself into every case. If my client calls, my client will always be able to speak directly with me. You will get to know me as we work our way through the personal injury process. So when we make recommendations on whether to settle or go to trial, you will know your best interests are always at heart.