texting car wreck

Car Crash Settlement involving texting while driving

When a defendant is texting while driving is that negligence or willful and wanton conduct?

First, to bring a personal injury claim in NC, the plaintiff (injured person) must prove the defendant was negligent. Negligence is defined as the breach of a duty that proximately caused a persons injuries. An example of negligence is failing to stop and rear ending a car. Another is running a stop sign and colliding into another car.

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