The other driver never saw you. While you were watching the road, they were looking down, their face illuminated by the glow of a screen. Their thumb was moving, composing a message that was more important than your safety, your health, and your future.
A crash caused by a texting driver is not an accident. It is the direct, predictable result of a driver’s conscious decision to be reckless. When that selfish choice causes you serious harm, you have the right to demand full accountability.
A Raleigh texting while driving accident attorney has the experience and resources to uncover the digital proof of that choice and fight for the justice you deserve.
Putting the focus back on your recovery:
- Texting while driving is a deliberate and illegal act in North Carolina, which can serve as powerful evidence of the driver’s negligence.
- The most compelling proof in these cases—the driver’s cell phone records—can only be obtained through the formal legal process.
- The extreme recklessness of texting behind the wheel may entitle you to pursue punitive damages, which are designed to punish the at-fault driver.
- An attorney works to expose the driver’s actions and counters the insurance company’s attempts to minimize the severity of their policyholder’s choice.
Dangers of Texting Behind the Wheel
Texting is not a momentary distraction; it is a complete diversion of a driver’s attention. This act combines all three forms of distraction, making it one of the most dangerous activities a person can engage in behind the wheel.
A complete form of distraction
When a driver texts, they are simultaneously engaging in visual, manual, and cognitive distraction. Their eyes are on their phone, not the road (visual). Their hands are on their phone, not the steering wheel (manual). Their mind is on the conversation, not on driving (cognitive).
Imagine a driver on Glenwood Avenue during rush hour. They look down to read a text. In the three seconds their eyes are off the road, their car travels nearly 150 feet without a responsible person in control. They are effectively driving blind, and anyone in their path is at risk.
A clear violation of North Carolina law
North Carolina lawmakers recognize the severe danger of this behavior. North Carolina General Statute § 20-137.4A explicitly makes it illegal for a driver to read or write a text message or email while their vehicle is in motion.
This law is not just a traffic rule; it is a public safety statute. When a driver violates this law and causes a crash, their illegal act can be used as direct evidence of their negligence. It shows they disregarded a law explicitly designed to prevent the kind of harm you have suffered.
Proving the Driver Chose to Text
A driver who causes a crash while texting will almost never admit it. They will create excuses and deny their actions to the police and their insurance company. A successful claim depends on our ability to legally obtain the digital evidence that proves what they were really doing.
The legal concept of negligence
Holding a texting driver responsible requires proving they were negligent. Negligence is the legal framework used to establish fault. We must prove four specific elements to build a successful claim.
First, the driver owed you a “duty of care.” Every driver in Raleigh has an automatic duty to give their full attention to the road, obey all traffic laws, and operate their vehicle in a safe manner.
Second, the driver “breached” that duty. The choice to pick up a phone and type a message is a clear and profound breach of a driver’s duty. They are choosing to ignore their primary responsibility for a task that can wait.
Third, this breach was the direct “cause” of your injuries. The evidence must show a clear link. Because the driver was typing a text, they failed to see the light turn red and T-boned your car in the intersection, causing your injuries.
Finally, you suffered measurable “damages.” These are all the losses you have incurred, including medical bills, lost income, and the significant pain and suffering resulting from their reckless choice.
The process of securing cell phone records
The most powerful evidence in a texting while driving case is the driver’s own cell phone record. A driver will not voluntarily hand over this incriminating proof. We use the power of the legal system to compel its release.
This is a multi-step process. It begins the moment you hire our firm. We immediately send a formal “preservation of evidence” letter to the at-fault driver and their cell phone carrier. This letter legally warns them not to delete or destroy any data from the period of the accident, including text messages, call logs, and data usage information.
After a lawsuit is filed, we take the next step: issuing a subpoena. A subpoena is a formal, court-enforced demand for information. We send it directly to the cell phone provider (like Verizon or AT&T), who is then legally obligated to produce the driver’s records from the time of the crash. These records often provide a second-by-second timeline of the driver’s activity, which we can then sync with the time of the 911 call.
Using evidence to build the case
The cell phone records are the foundation, but a strong case uses multiple sources of evidence to create an undeniable narrative. We leave no stone unturned in our investigation.
A powerful case is built by weaving together multiple strands of proof. We use a variety of investigative techniques to solidify your claim.
- Analyzing the cell phone data logs for timestamps of texts and app usage.
- Cross-referencing phone activity with eyewitness statements about the driver’s behavior.
- Using accident reconstruction findings to show a lack of braking or evasive action.
- Examining social media accounts for posts or activity just before the crash.
This mountain of evidence systematically dismantles the driver’s excuses. It proves their distraction was not a momentary lapse but a sustained period of reckless behavior.
The High Cost of a Driver’s Text Message
Because a texting driver is not looking at the road, they often fail to brake or swerve before a collision. This results in a full-speed impact, which can cause catastrophic and life-altering injuries.
Documenting your medical recovery
Your claim must account for the full and true cost of your injuries. This is not just about the bills you have already received. It is about documenting the entire journey of your recovery and securing the resources for the care you will need in the future. This includes the initial ER visit, hospital stays, surgeries, specialist appointments, physical therapy, and prescription medications.
For severe injuries, we may work with a life care planner to create a detailed, expert-backed report outlining a lifetime of medical needs.
Calculating lost income and future earnings
A serious injury can have a devastating impact on your financial stability. We meticulously document the wages you have lost while unable to work. If your injuries are permanent and prevent you from returning to your career, your claim must account for this future loss.
We work with vocational and economic experts to calculate the value of your lost earning capacity over the remainder of your working life.
Proving pain and suffering
The law recognizes that the harm you suffer is not just financial. The daily physical pain, the emotional trauma, and the loss of your ability to enjoy your life are real, significant damages.
A personal journal is a powerful tool for documenting this human cost. It provides a detailed record of your struggles, your setbacks, and the true impact the driver’s choice has had on your life.
Pursuing Punitive Damages for Extreme Recklessness
In some cases, the driver’s conduct is so outrageous that the law allows for an additional form of damages. Punitive damages are not designed to compensate you for your losses; they are designed to punish the defendant and make an example of them to deter others from similar behavior.
Proving “willful or wanton” conduct
A claim for punitive damages requires proving that the driver’s actions rose to the level of “willful or wanton conduct.” This is a high legal standard that goes beyond simple carelessness. It requires showing a conscious and reckless disregard for the rights and safety of others.
A driver who spends several minutes of a drive on I-440 engaged in a text conversation, weaving in and out of their lane at 65 mph, is not just being careless. They are demonstrating a willful disregard for the safety of everyone around them.
They are aware that their actions are dangerous, as confirmed by numerous public safety campaigns, including those by the NHTSA, yet they continue to do so anyway. We fight to hold them fully accountable for this extreme recklessness.
Why Choose Maginnis Howard for a Raleigh Texting While Driving Accident Attorney?
When a texting driver has hurt you, you need a law firm that knows how to prove it. Maginnis Howard has the technical knowledge and legal skill to uncover the digital evidence and build a powerful case for full compensation.
Experience in digital discovery
We know the key to these cases lies in the driver’s phone. Our car accident attorneys are highly experienced in the legal procedures for subpoenaing and analyzing cell phone records, social media data, and vehicle telematics to build an irrefutable case for distraction.
A record of holding reckless drivers accountable
We are dedicated to fighting for clients who have been harmed by the choices of others. We prepare every case for trial at the Wake County Justice Center, a strategy that shows the insurance company we are serious about demanding the full value of your claim.
Resources to fight for you
These cases often require significant investment in expert witnesses. We have the resources to work with accident reconstructionists, digital forensics experts, and medical professionals to prove both liability and the full extent of your damages.
An AI Cannot File a Subpoena
An artificial intelligence can tell you what the law says about texting and driving. It cannot send a preservation letter to AT&T. It cannot draft and file a subpoena with the court to legally compel the release of a driver’s phone records.
It cannot cross-examine a driver in a deposition using their own text message timestamps. For the real-world legal action your case requires, you need an experienced attorney from Maginnis Howard.
FAQ for a Raleigh Texting While Driving Accident Attorney
What if the driver denies they were texting and the police report doesn’t mention it?
This is the most common scenario. The driver’s denial is expected. We do not rely on their honesty. We rely on the legal power of a subpoena to get their cell phone records, which provide objective proof of their activity.
What is the difference between this and a general distracted driving claim?
A texting while driving claim is more specific and often stronger. We can point to a clear violation of a specific North Carolina statute, and the act of typing a message is an undeniable combination of all three types of distraction, which can strengthen a claim for punitive damages.
Can I get the driver’s phone records myself?
No. Cell phone carriers are legally prohibited from releasing a user’s private records without a warrant, court order, or a subpoena issued as part of a formal lawsuit. This is a process that requires an attorney.
What if the driver was using a voice-to-text feature?
While hands-free, voice-to-text is still a form of cognitive distraction that takes a driver’s focus off the road. It is also still a violation of North Carolina’s law, which prohibits reading or writing messages, regardless of the method used.
Your Fight for Justice Starts Now
The driver who hit you made a choice. Now, you have a choice to make. You can choose to fight back. You can choose to hold them accountable for their recklessness and demand the resources you need to heal and rebuild. The team at Maginnis Howard is ready to stand with you in that fight.
Let us handle the legal battle while you focus on your recovery. Call the Raleigh office of Maginnis Howard at (919) 526-0450 or contact us online for a free, confidential review of your case.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101, Raleigh, NC 27615, United States
Phone: (919) 526-0450
