Greensboro Distracted Driving Accident Lawyers

A driver who looks down at a phone for five seconds at 55 mph travels the length of a football field without watching the road. If one of those drivers hit you in Greensboro, you are likely dealing with injuries, medical bills, and an insurance company that already wants a recorded statement.  

The experienced lawyers at Lewis & Keller have handled many distracted driving cases: they can review what happened for free and explain your options before you sign anything. 

This page explains what distracted driving is, the injuries these crashes cause, how a lawyer proves a driver was distracted, what North Carolina law says, and the compensation you may be able to pursue. If you’ve been injured in a car accident, contact us today.

What Counts as Distracted Driving? 

Distracted driving is any activity that pulls a driver’s eyes, hands, or mind away from the road. For example, under N.C. Gen. Stat. § 20-137.4A, it is illegal for any driver to manually type a text or email while driving. 

Safety researchers group these distractions into three types, and the most dangerous behaviors hit all three at once. 

• Visual Distraction: The driver’s eyes leave the road, such as glancing at a text or a navigation screen. 
• Manual Distraction: The driver’s hands leave the wheel, for example, to reach for food or adjust the radio. 
• Cognitive Distraction: The driver’s mind leaves the task of driving, such as a heated phone call or being lost in thought. 

Texting combines all three. The driver reads the screen, holds the phone, and thinks about the conversation instead of the traffic ahead. Phones are not the only problem, though. Eating, programming a GPS, tending to children or pets, and plain daydreaming also take attention off the road and cause serious crashes. When a driver makes one of those choices and causes a wreck, that choice is negligence. 

Common Injuries in a Distracted Driving Crash 

Distracted driving crashes are often severe because the at-fault driver never reacts. There is no braking and no swerving, just a full-speed impact into a car that did nothing wrong. Injuries we see in these cases include: 

• Whiplash and Soft-Tissue Injuries: Common in rear-end collisions. 
• Broken Bones: Fractures to the arms, legs, ribs, and pelvis. 
• Traumatic Brain Injuries: From concussions to long-term cognitive damage. 
• Spinal Cord Injuries: Herniated discs, nerve damage, and in serious cases, paralysis. 
• Internal Injuries: Bleeding or organ damage that may not show symptoms right away. 

Many people also carry chronic pain, anxiety, and sleep problems long after the crash. Those effects are real, and they can support a claim for non-economic damages alongside your medical bills. 

How a Lawyer Proves the Other Driver Was Distracted 

Most distracted drivers do not admit to being on their phones. Proving distraction comes down to one question: what was the driver doing in the seconds before impact? Useful proof can include: 

• Cell Phone Records: Call logs, text timestamps, or data activity that line up with the moment of the crash. 
• Video Footage: Traffic cameras, dashcams, or surveillance footage from nearby businesses showing the driver looking down or failing to react. 
• Vehicle Data: Event data recorder readings that show speed, braking or the absence of braking, and steering just before the collision. 
• Police and Crash Reports: Officer observations, driver statements, and the basic timeline of what happened. 
• Witness Statements: Accounts from people who saw phone use, erratic driving, or no attempt to stop. 

Why does this matter so much in North Carolina? Because our state follows a pure contributory negligence rule. If you are found even one percent at fault for the crash, you can be barred from recovering anything. The insurance company knows this, and it will try to shift the blame onto you. We build clear evidence that the other driver was distracted to push back and protect your claim. 

North Carolina Distracted Driving Laws 

North Carolina addresses distracted driving through several statutes. Under North Carolina General Statute Section 20-137.4A, it is illegal for any driver to manually type a text or email or to read messages on a phone while driving. A violation is an infraction carrying a 100 dollar fine plus court costs.  

Drivers under 18 face stricter rules: under Section 20-137.3, they cannot use a cell phone at all while driving, except to call a parent or in an emergency. Even when no specific phone law applies, every driver has a duty under Section 20-140 to drive with due care, which encompasses distractions not named in the texting statute. 

One point matters for your claim. The texting statute provides that a violation does not automatically constitute negligence per se. That does not mean a texting conviction is useless. It can still serve as strong evidence that the driver failed to act reasonably. A lawyer can use that conviction, along with the other evidence, to build the case that the driver caused your crash. 

Compensation After a Distracted Driving Crash 

A distracted driving crash costs you money right away and often keeps costing you for months. A well-built claim should account for what you paid, what you lost, and what the crash put you through. Compensation generally falls into two categories. 

Economic Damages 

These are the documented, out-of-pocket losses: 

• Medical Bills and Future Care: Emergency treatment, imaging, surgery, physical therapy, medication, and ongoing care. 
• Lost Wages: Time missed from work, reduced hours, and paid leave you had to use. 
• Reduced Earning Capacity: When injuries limit the work you can do going forward. 
• Property Damage: Repair or replacement of your vehicle and other property damaged in the crash. 

Non-Economic Damages 

These cover the human impact that does not come with a receipt: 

• Pain and Suffering: The physical pain caused by your injuries. 
• Emotional Distress: Anxiety, depression, sleep problems, and similar effects. 
• Loss of Enjoyment of Life: Activities you can no longer do, or cannot do the same way. 
• Loss of Consortium: The impact of your injuries on your relationship with your spouse. 

In cases where a driver’s conduct was especially reckless, North Carolina law may allow additional punitive damages meant to punish that behavior. No responsible lawyer can promise a specific dollar figure, but we can work to recover compensation that reflects the full weight of your losses. You can schedule a free consultation to talk through what your claim may be worth. 

When a Distracted Driving Crash Turns Fatal 

Some distracted driving crashes take a life. When that happens, North Carolina law allows the family to bring a wrongful death claim against the driver who caused the crash. These claims can seek compensation for medical and funeral expenses, lost income the person would have provided, and the loss of their care and companionship. 

The deadlines are strict. A wrongful death claim in North Carolina generally must be filed within two years of the date of death, which is shorter than the three-year window for most injury claims. If you lost a loved one to a distracted driver, our Greensboro wrongful death lawyers can handle the legal side with care so your family can focus on grieving. 

Were You a Passenger or Rideshare Rider? 

Passengers hurt in a distracted driving crash have the right to pursue a claim, too. That includes Uber and Lyft riders. If your driver, or another driver, was distracted and caused the wreck, you can seek compensation for your injuries. Passengers are rarely at fault for a crash, which often makes the contributory negligence question simpler than it is for the drivers involved. 

Dealing With the Insurance Company 

Insurance companies make money by paying out as little as possible. After a distracted driving crash, expect the other driver’s insurer to use a familiar playbook. 

• Quick Contact: Calling within days to get a recorded statement they can use against you later. 
• Lowball Offers: Pushing a fast, low settlement before you know the full extent of your injuries. 
• Denying Distraction: Arguing there is no proof the driver was on the phone. 
• Shifting Blame: Claiming you were partly at fault, which under North Carolina law could wipe out your claim entirely. 

Do not admit fault, guess about how the crash happened, or sign any release before you talk to a lawyer. Even an offhand comment can be twisted. Once you hire us, we can handle communication, respond to the insurer, and negotiate on your behalf. If they refuse a fair offer, we can take the case to court. 

Frequently Asked Questions 

How Long Do I Have to File a Distracted Driving Lawsuit in North Carolina? 

You generally have three years from the date of the crash to file a personal injury lawsuit, under General Statute Section 1-52. A wrongful death claim must usually be filed within two years of the date of death, and claims involving a government vehicle can have much shorter deadlines. 

How Do You Prove the Other Driver Was Distracted? 

Proof usually comes from cell phone and data records, traffic or dashcam video, the vehicle’s event data recorder, the police report, and witness statements. Together, this evidence can show what the driver was doing in the seconds before impact. The sooner an attorney starts gathering it, the stronger your case. 

What if I Were Partly at Fault for the Crash? 

North Carolina follows a pure contributory negligence rule, so being even one percent at fault can bar you from recovering compensation. This is why the insurance company works so hard to blame you. A lawyer can build the evidence that the other driver caused the crash and work to protect your right to recover. 

How Much Does It Cost to Hire a Distracted Driving Accident Lawyer? 

At Lewis & Keller, you pay nothing up front. We handle these cases on a contingency fee, which means our fee is a percentage of what we recover, and you owe us nothing unless we win money for you. We can explain the exact terms during your free consultation. 

What Compensation Can I Recover After a Distracted Driving Crash? 

You may be able to recover economic damages such as medical bills, lost wages, and property damage, along with non-economic damages such as pain and suffering and emotional distress. In cases of especially reckless conduct, punitive damages may also be available. 

What Should I Do Right After a Distracted Driving Accident in Greensboro? 

Call 911, get medical attention, and document the scene with photos if you can. Gather the other driver’s information and the names of any witnesses. Then contact a lawyer before giving a statement to the insurance company. 

Talk to a Greensboro Distracted Driving Lawyer Today 

A distracted driver made a choice that changed your day, and maybe your year. You should not have to carry the cost of that choice alone. The car accident lawyers at Lewis & Keller has helped injured people across Greensboro and Winston-Salem, and we can review your crash, deal with the insurance company, and fight for the money you deserve. 

There is no cost to talk and no fee unless we win your case. Contact Lewis & Keller today to schedule your free consultation and let us help you take the next step.