April is National Distracted Driving Awareness Month, but one month of reminders isn’t enough to counter the reckless habits that happen every day. Glancing at a phone. Adjusting the radio. Unwrapping a sandwich. Every second spent looking away from the road increases the odds of a crash. And when it happens, the consequences go far beyond vehicle damage. Lives are changed in an instant. If you’re injured in a car accident, whether you were the victim of a distracted driver or made a momentary mistake yourself—how that distraction factors into your case could impact your ability to recover damages.
The Cost of Distracted Driving
Distracted driving killed 3,308 people in 2022. That’s not just a statistic—it’s thousands of lives lost because someone couldn’t wait to check a notification or take a bite of a meal. And those numbers don’t even include the injuries, from broken bones to permanent disabilities, caused by drivers who didn’t keep their eyes on the road.
Distractions come in many forms. While phone use is the most notorious, other common culprits include:
- Eating or drinking
- Grooming (applying makeup, fixing hair, shaving)
- Adjusting the radio or GPS
- Talking to passengers
- Handling pets or kids in the car
Anything that takes attention away from the road (even for a second) puts lives at risk. And if a crash happens, proving fault gets complicated.
How Distracted Driving Affects Personal Injury Claims
In North Carolina, South Carolina, and Georgia, car accident claims hinge on proving fault. If you were injured in a crash caused by a distracted driver, you’ll need evidence showing their negligence. But if you were also distracted, it could impact your case in several ways.
Every state has different rules on shared fault. In Georgia and South Carolina, comparative negligence applies, meaning if you’re found partially responsible, your compensation is reduced by your percentage of fault. If you were 30% responsible, your payout shrinks by 30%. However, more than 50% fault means you are not entitled to anything.
North Carolina takes it even further with contributory negligence—if you’re even 1% at fault, you might not recover anything.
Insurance Company Tactics
Insurance companies aren’t in the business of handing out checks. If they find evidence that you were distracted, they’ll use it to their advantage. A simple phone record showing activity at the time of the crash could lead to a lower settlement—or a complete claim denial. Even if the other driver was primarily at fault, any distraction on your part gives the insurance company leverage to minimize your payout.
Courtroom Credibility
If your case goes to trial, distracted driving can hurt your credibility. Juries don’t take kindly to drivers who act irresponsibly, and even a minor distraction can paint you in a bad light. A ticket for texting while driving or an eyewitness report of you reaching for a coffee cup could be enough to weaken your claim.
Injured by a Distracted Driver? Call The Snow Legal Group