Is it legal to text and drive in North Carolina? | North Carolina Car Accident Lawyer

In North Carolina, it is against the law to send or receive a text while driving. It is possible to obtain detailed phone records that can prove you were texting at the time of the accident. This is a form of negligence and it can prevent you from seeking recovery for damages or injuries – even if the accident was not your fault.

The attorneys at Whited Doby & Ray Attorneys at Law urge you not to text and drive.


Keith Whited: As a matter of fact, North Carolina has several new laws. Texting while driving is a new law in North Carolina. It’s against the law to text, and lots of young people like to text. I’ve just in just the last couple of years gotten a phone where I can send and deliver texts. I’m one of the old guys. But all kids, now, have their phones that they like to communicate by text. It’s quick. It’s simple. It also leads to distraction when you’re driving because you’re looking at the little screen on your phone and not looking at the street.

North Carolina legislature passed a law that says, “You may not send or receive a text while you’re operating a motor vehicle.” So, this is negligence. That’s one of the elements for negligence, that you have violated a law, an operational law. That creates a duty and so, and the good thing about cell phone communications is there is a record of it. It comes in, it’s time stamped and date stamped. You get their cell phone bill and you see exactly the date of the text. In some cases, you can see the contents of the text and sometimes that’s more effective than the date and the time of the text.

I instruct all my clients: Do not, please do not text and drive. Not only is there a record of it … contributory negligence … Also, you can be barred from seeking a recovery, even if you were driving completely safe and lawful, and you’re hit by someone else who has violated a law. If the insurance company can prove that you were sending or receiving texts at the time of this wreck, they will use contributory negligence against you in North Carolina.

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