North Carolina Law Updates
Accident lawyers in North Carolina carefully analyze the “causality” of car accidents, wrecks, and the circumstances behind
what factor or factors contributed to the injury.
All too often, tremendous, catastrophic losses are due to distracted driving.
Despite the well-known correlation between texting while driving and wrecks, a substantial percentage of motorists continue in the incredibly dangerous, if not reckless practice.
We see it day in, day out. People are needlessly harmed, sometimes suffering permanent, life-altering injuries because a certain percentage of drivers just won’t put their phones down – Danny Glover, Accident Lawyer OBX NC
Imagine closing your eyes for even a second or two, driving at the posted speed limit down highway NC 12 on the Outer Banks Scenic Byway.
At 55 miles per hour, a vehicle travels more than 80 feet per second. Looking repetitively at your phone to read and type texts amounts to substantial periods of inattentive, distracted driving.
An average SUV in the United States is somewhere between 14 to 16 feet in length.
In one second a vehicle can travel the distance of approximately five SUV lengths. Double that for a two-second distraction.
Even one to two seconds can substantially affect stopping distances and can mean the difference between a close-call and a full-speed, traumatic collision – Danny Glover, Accident Lawyer Outer Banks NC
Fortunately, some operating systems of cell phones now have the option of a “driving mode.”
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It prevents alerts and texts when the phone senses vehicular movement and/or speeds, thus greatly reducing the incidence of distracted driving.
At some point, both federal and state laws may mandate the implementation of such applications.
North Carolina Mobile Phone Law – Unlawful Use While Driving
The North Carolina General Assembly passed N.C.G.S. § 20-137.4A, ostensibly in an effort to curb texting while driving.
A violation of the law is a Class 2 Misdemeanor, with a minimum fine of $100.
Some plaintiff’s lawyers in North Carolina feel the law doesn’t go far enough.
Unfortunately, violating the texting while driving law in North Carolina is not deemed per se negligence – Danny Glover, Accident Lawyer OBX
It’s a rarely enforced law, despite the clearly dangerous if not reckless practice.
How are Motorcycle Accidents Different?
Of course, there are also other causes of distracted driving including eating and drinking, talking to passengers, adjusting radio stations, watching video on mobile devices, and dealing with disruptive children and pets.
Blind Spots – Failure to Look
Despite enhanced safety features common to all newer vehicles, including airbags, lane monitoring, cameras, and automatic emergency stop / anti-collision protections, some cars and trucks have blind spots.
Front, rear, and side cameras, and the automated warning signals in mirrors, are intended to supplement ordinary care practices.
Before changing lanes, safe drivers should also do a “shoulder check,” looking around the vehicle.
Mirrors, cameras, and warning systems may not indicate a motorcycle, moped, bicycle, or even some other cars in a blind spot – Danny Glover, Accident Attorney
Visual checks aren’t just recommended. A quick check of the surrounding area and vehicles on the roadway are an expected aspect of ordinary care.
Failure to do so, even if unintentional, may be negligent.
North Caroline General Statute § 20-154 sets forth the NC traffic law regarding Stopping, Starting, and Turning Vehicles.
Before stopping, starting, or turning the operator of a motor vehicle shall first see that can be done safely.
It also mandates the use of a signal if any pedestrian may be affected by the stop, start, or turn.
Signals that are plainly visible are similarly required to protect other vehicles (including bicycles, scooters, and mopeds) on the roadway that may be affected by the start, stop, or turn.
Seat Belts in NC
The NHTSA the National Highway Safety Traffic Safety Administration indicates more than 40% of fatal truck accidents are car accidents that involve the failure to wear a seat belt and/or be properly secured in a restraint system.
Seat belt use reduces passenger car crash fatalities by approximately 45%. It also lowers the risk of injuries (moderate to critical) by 50%.
The metrics get better for light trucks, with a 60% fatality reduction associated with seat belt use and 65% for moderate to critical injuries – Danny Glover, Personal Injury Attorney OBX
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Unlike texting while driving, a fair number of NC traffic tickets (citations) are issued for violations of the North Carolina seat belt laws.
In 2019 there were more than 80,000 traffic tickets issued to drivers for their failure to buckle-up.
More than 11,000 front seat passengers received seat belt tickets and there were more than 9,500 rear passenger violations for failing to wear a seat belt.
Outer Banks Accident Lawyer – Danny Glover
We help people who have been injured due to the negligence of others.
Whether it’s related to the failure to maintain a proper lookout, distracted driving, or texting while driving, we focus on fair and just compensation – Danny Glover
Legal consultations for accident cases at the Glover Law Firm are confidential.
What you disclose to us, consistent with the attorney-client privilege, is confidential.
Call Danny Glover Jr NOW to schedule a consultation: 252-299-5300