North Carolina Cell Phone and Driving Laws

Under North Carolina traffic laws, cell phone use while driving is regulated based on the driver's age, occupation, and the specific actions they are performing with their devices. These North Carolina safety laws are designed to mitigate the significant risk posed by distracted driving, a major factor in accidents across the state. Distractions from texting, emailing, calling, and using mobile apps can divert drivers' attention, creating hazardous conditions for other road users.

General Cell Phone Laws for Drivers in North Carolina

North Carolina General Statutes (NCGS) § 20-137.4A prohibits all drivers from texting or emailing while operating a vehicle. However, the law allows most adult drivers (18 and older) to use handheld devices to make and receive calls, though hands-free operation is strongly recommended.

• NCGS § 20-137.4A: "No person shall 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 transmitted to the device or stored within the device."

In short, texting or emailing while driving is illegal for all drivers, regardless of age. There are no restrictions on adult drivers making calls, but it's recommended that calls be made hands-free for safety.

Additionally, drivers must exercise "due care" under NCGS § 20-140 while operating their vehicles, which means that even legal phone use (such as calling) should not interfere with the safe operation of a vehicle.

Local ordinances, like in Chapel Hill, impose stricter rules. For example, Chapel Hill bans all use of handheld devices while driving, including making calls.

North Carolina Cell Phone Laws for Minors

If you are under 18 years old and driving in North Carolina, all cell phone use is strictly prohibited, including calls, texting, or using mobile apps, whether handheld or hands-free. This is stated under NCGS § 20-137.3, which makes no distinction between types of cell phone use for minors:

• 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 only two exceptions to this law:

1. When contacting a parent or legal guardian.
2. When communicating with emergency services personnel.

Cell Phone Laws for School Bus Drivers

School bus drivers are held to an even higher standard of safety. Under NCGS § 20-137.4, school bus drivers are prohibited from using a mobile phone while operating a school bus, except in emergencies:

• 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 law ensures the safety of student passengers by minimizing the risk of distraction.

Penalties for Violating North Carolina's Cell Phone Laws

Penalties for violations vary based on the nature of the offense:

• For texting while driving, drivers face a $100 fine plus court costs (NCGS § 20-137.4A(d)).
• No points will be added to the driver's license, and there are no insurance surcharges for texting violations.

Although the financial penalties might seem minor, the real-world consequences of distracted driving can be severe, including accidents, injuries, and fatalities.

Receiving Support After a Distracted Driving Accident

Drivers who choose to use their cell phones while driving pose a significant risk to others. If you're involved in an accident caused by a distracted driver, you may observe cell phone use or have witnesses who can confirm the at-fault driver was using their phone. In some cases, phone records can provide evidence that the driver was distracted.

Victims of distracted driving can seek compensation for the following damages:

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

If a distracted driving accident results in the death of a loved one, families may file a wrongful death claim to recover compensation for:

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