North Carolina Distracted Driving Laws

Distracted driving is a growing concern in North Carolina, contributing to thousands of accidents every year. Under North Carolina law, distracted driving includes any activity that takes the driver's attention away from the task of driving, including using cell phones, eating, adjusting the radio, and more. The state has specific regulations in place to help mitigate the dangers of distracted driving and protect all road users.

What Is Distracted Driving?

The North Carolina Division of Motor Vehicles defines distracted driving as "any activity that diverts attention from driving." Distractions generally fall into three categories:

• Visual distractions: Taking your eyes off the road.
• Manual distractions: Taking your hands off the wheel.
• Cognitive distractions: Taking your mind off driving.

Activities such as texting or reading a text message can involve all three types of distraction, making them especially dangerous. The state has implemented several safety laws to address these concerns.

General Distracted Driving Laws

While North Carolina does not have a blanket law against all forms of distracted driving, specific activities are prohibited, with texting and emailing being the most prominently regulated. North Carolina General Statutes (NCGS) § 20-137.4A makes it illegal for drivers of any age to send or read text messages or emails while operating a vehicle.

• NCGS § 20-137.4A(a): "It shall be unlawful for any person to operate a vehicle on a public street, highway, or public vehicular area while using a mobile telephone or other electronic communication device to manually enter multiple letters or text in order to communicate with another person or to read any electronic mail or text message."

While there is no comprehensive ban on other activities that could distract drivers, such as eating or adjusting a GPS, drivers must still exercise "due care" under NCGS § 20-140. This statute holds drivers accountable for operating their vehicles safely and responsibly at all times, which includes avoiding distractions.

Distracted Driving Laws for Minors in NC

For drivers under the age of 18, North Carolina has stricter distracted driving laws. Under NCGS § 20-137.3, minors are prohibited from using any mobile phone or electronic device while driving, whether it be for calls, texting, or any other purpose.

• NCGS § 20-137.3(a): "No person under the age of 18 years shall operate a motor vehicle on a public street, highway, or public vehicular area while using a mobile telephone or other electronic communication device."

There are two exceptions for minors:

• Communication with a parent or legal guardian.
• Contacting emergency services personnel.

These laws aim to minimize distractions for inexperienced drivers who are more susceptible to accidents.

Distracted Driving Laws for School Bus Drivers

School bus drivers are held to an even higher standard. Under NCGS § 20-137.4, it is illegal for school bus drivers to use mobile phones or other electronic devices while driving, except in emergencies. This law ensures the safety of children traveling to and from school.

• NCGS § 20-137.4(a): "No person shall operate a school bus on a public street, highway, or public vehicular area while using a mobile telephone or other electronic communication device, except when the use of such devices is essential to the operation of the vehicle or an emergency situation."

This strict rule helps eliminate distractions for those responsible for transporting students.

Local Distracted Driving Ordinances

While North Carolina state law does not impose a complete ban on the use of handheld devices while driving for adult drivers, some localities have enacted their own regulations. For example, Chapel Hill has implemented a ban on all handheld phone use while driving, making it illegal to talk on the phone without a hands-free device.

Penalties for Distracted Driving in North Carolina

The penalties for distracted driving in North Carolina vary depending on the specific violation:

• Texting while driving can result in a $100 fine plus court costs, but no driver's license points or insurance surcharges.
• Violations by minors or school bus drivers carry the same financial penalty and no points.

While the fines may not seem severe, the consequences of distracted driving can be life-altering. Distracted drivers are responsible for thousands of accidents annually, resulting in injuries, fatalities, and extensive property damage.

Statistics on Distracted Driving in North Carolina

Distracted driving continues to be a serious problem in North Carolina. In 2021, the North Carolina Division of Motor Vehicles reported 54,301 crashes involving distracted driving, leading to 137 deaths and over 21,000 injuries. Of those, 2,882 crashes involved a cell phone or other electronic device, causing 939 injuries and eight fatalities.

Seeking Compensation After a Distracted Driving Accident

If a distracted driver has injured you or a loved one, you have the right to seek compensation for your injuries. Distracted drivers can be held liable for the damages they cause, which may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

In some cases, eyewitness testimony or cell phone records can provide crucial evidence that the at-fault driver was distracted at the time of the accident.

If a distracted driver causes a fatal accident, the victim's family may file a wrongful death claim to recover damages such as:

• Funeral and burial expenses
• Medical bills incurred before death
• Loss of future income and benefits
• Loss of companionship and guidance

How The Law Offices of John M. McCabe Can Help

At The Law Offices of John M. McCabe, we understand the devastating impact that distracted driving accidents can have on victims and their families. Our experienced car accident lawyer team is dedicated to helping you navigate the legal process, gathering evidence to support your claim and fighting for the compensation you deserve.

If a distracted driver has injured you or a loved one, contact us today to schedule a consultation. We are here to help you hold careless drivers accountable and secure the financial recovery you need to move forward.