I Was Texting and Driving, but Someone Hit Me. Whose Fault is It?

I Was Texting and Driving, but Someone Hit Me. Whose Fault is It?

Suppose you are in a similar scenario. You were driving your car around town as you were headed back from a meeting, and traffic was slowing down for an accident. You took the opportunity to turn off the music and start interacting with your cell phone. You eventually had to get into a different lane, but you had your turn signal on for a while, so you thought you were safe.

Traffic had started to move again. Unfortunately, you were in the middle lane and trying to get to the right lane and would soon need to turn left. Your car slowly came up to the left lane, and you began to signal for the left lane to open up.

Suddenly another vehicle pulled in from the right lane. You had no chance to get out of the way of the oncoming car. In the blink of an eye, You find yourself sandwiched between the vehicle and a concrete barrier on my passenger’s side.

The impact from the concrete barrier causes injuries, and you go to the hospital to see them tended to. This vehicle hit you, so you believe they will be liable to cover the damages. However, you were texting and driving. You receive a citation from the police statement, and you have to cover the costs of the damages.

So, Who is to Blame?

The laws vary from state to state, but North Carolina is one of the few states with a law called “pure” contributory negligence. This means that if you are in an accident in the state, and it is deciphered that you are even 1% negligent for the car crash, you are liable for all of your damages and cannot recover anything from the other party involved.

So in the scenario that was just mentioned, since both parties can be proven to have some percentage of fault in the accident, both would be liable to pay for their own damages.

Call Our Office

If you’ve been injured in an accident due to someone texting and driving, we may be able to help you recover the compensation you rightly deserve. Don’t hesitate to contact our office right away to discuss your case and learn how we can help.


Call the Charlotte lawyers at Benoit Law Firm, PLLC today at (877) 600-7212, or fill out a form online to speak with an attorney about your case.