Contact Us Today! 704-470-2440


Resolve to Stop Texting & Driving

Posted by Josh Valentine | Jan 09, 2018 | 0 Comments

One of the most important resolutions you can make today is to refrain from texting while driving. Drivers who text while operating a motor vehicle are significantly more likely to be involved in a serious North Carolina traffic accident. If drivers can resolve to put their conversations on hold while they are in the car, North Carolina will be a safer place for everyone.

North Carolina Traffic Accidents

In 2015, there were more than 267,000 traffic accidents in the state of North Carolina. At least 1,440 people were killed and another 130,000 suffered serious injuries in these accidents. According to the North Carolina DMV, approximately 20 percent of these accidents were caused by distracted drivers. Texting while driving is on the of the most commonly cited distracted driving behaviors.

Dangers of Texting and Driving

When you divert your eyes from the road, even for a moment, you put yourself and others at an increased risk of harm. Drivers who do are not paying attention to the road are more likely to:

  • Run through stop signs and traffic signals;
  • Weave between lanes; and
  • Speed.

Drivers who text are also less likely to see pedestrians, bicyclists, and motorcyclists sharing the road. When your eyes are trained on your phone, rather than your surroundings, the chances of causing a serious accident are much greater.

Liability for Texting and Driving

When you decide to get behind the wheel you assume a responsibility to exercise a certain level of care. This responsibility requires that you obey posted traffic laws and operate the vehicle safely. In North Carolina, the standard of care for drivers is determined by considering what a reasonable person would do under similar circumstances. Since texting while a motor vehicle is in motion is actually against the law in North Carolina, a reasonable person would not text and drive. As a result, if you text and drive you will probably be considered negligent under North Carolina law. You can be held financially responsible for harm when your negligence contributes to an injury-causing accident.

North Carolina law follows the theory of contributory fault. This prevents injured accident victims from recovering compensation if they contribute to the cause of their accident. This means that if you are injured in an accident while you are texting you may not be able to recover the compensation you would otherwise deserve. This is true even if the other driver who caused your accident is almost entirely responsible for causing your accident. Any amount of fault on your part would prevent you from recovering much-needed compensation. This compensation could go a long way to paying for your accident-related medical bills, lost wages, and emotional distress.

Resolve to Drive Safely

Make a decision today to put your phone down while you are behind the wheel of a car. Traffic accidents are much more likely to occur when drivers are distracted. Texting while driving can not only put you and others at an increased risk of harm, but can also limit your ability to recover much-needed compensation in the event of a crash. Want to learn more? Call the car accident attorneys at Caulder & Valentine today.

About the Author

Josh Valentine

All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person that was best situated to provide that vital support was their lawyer.  So that's why I became an attorney.  I understand what you are going through—and I'm here to help you.  Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life. Before attending law school, I worked for a law firm focused on record clearing services, including expungements, pardons, and motions for appropriate relief.  The vast experience and understanding of North Carolina's expungement laws that I have acquired has given me an advantage in defending criminal charges, because not only do I fight for the best possible outcome in your case, but I am also continually conscious of the long term effects that a criminal charge or conviction can have on a person's life.  As such, I will do whatever I can to insure that my clients will not end up with a criminal record.  I was born in New London, Connecticut, but spent the first few years of my life in Dallas, Texas, before moving to Rutherfordton, North Carolina in 2001.  Upon graduating from high school, I attended Gardner-Webb University in Boiling Springs, North Carolina, where I majored in Accounting.  Eager to finish school, I began law school at Charlotte School of Law the day of my graduation from GWU, and completed my law degree in two years (instead of the typical three). During law school, I studied hard and strived to acquire the most experience possible so that I would be practice ready upon graduation.  The opportunities I gained included prosecuting criminal defendants through an externship with the Burke County District Attorney's Office, defending criminal defendants through Charlotte School of Law's Criminal Justice Clinic, and interning with Farmer & Morris, PLLC. I am blessed with a beautiful wife, Gabrielle Valentine, who is an attorney at Farmer & Morris, PLLC, in Rutherfordton, North Carolina.  In my free time, I enjoy helping with the youth group in my church, playing basketball and softball in our local church leagues, serving in the prison ministry, and spending time with my family.  Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment