Q I saw another driver on their phone before they hit my vehicle, but they claim they were not texting or on a call. What is legal mobile phone use in NC?
When it comes down to evidence of the other driver's negligence, is it really just your word against theirs? At the following link our car accident lawyers in Cary review ways you can prove another driver was texting while driving. One of which is pulling cell phone records. Even if the other driver deletes texts and call records off their phone before police or investigators retrieve the device, the phone company still maintains records of this information.
One caveat is that the other driver may be telling the truth - perhaps they were not texting or making a call, and the records may substantiate this. However, they could have been checking email, social media, messaging through applications, finding a Pandora station, or many other mobile phone activities that distract drivers from the road. These actions are also illegal in North Carolina. According to G.S. 20-137.4A, unlawful use of a mobile phone while operating a motor vehicle encompasses texting, calls, emails, messaging, or entering of text to be 'stored within the device'. (North Carolina law provides that individuals who operate a motor vehicle may not use their mobile devices while the vehicle is in motion. If the vehicle is parked or stopped, mobile activity is permitted.)
In the event another driver's mobile phone actions are not captured on a phone company's reports, statements from witnesses can help. Also, checking the at-fault driver's social media accounts could reveal incriminating evidence.
Distracted driving is the second most common cause of accidents in North Carolina. Local news reports revealed in 2014 that "distracted driving has been a contributing factor in 71 crashes in Cary since 2013." There are likely more. Many cases go unreported, plus there are hit-and-runs where officials may never learn the cause behind the negligent driver's actions.
The Cary car accident attorneys at Brent Adams & Associates can review more ways of establishing another party's negligence, pursuing compensation from third parties, and more about your accident case during a complimentary case evaluation.