Learn how to protect your rights and maximize your compensation after a distracted driving accident in Charlotte
Distracted driving crashes can leave victims facing steep medical bills, painful recoveries, and sudden financial stress—all because another driver couldn’t keep their focus on the road.
In North Carolina, these cases can be especially challenging due to our state’s strict negligence law, which prevents accident victims from recovering anything if they’re found even slightly at fault for the accident. With stakes this high, it’s crucial to build a strong case from the start.
In this article, we’ll explain North Carolina’s distracted driving law, the penalties drivers face for breaking it, and the evidence needed to prove fault after a crash caused by texting, phone use, or any other distraction.
If you’ve been hurt in a collision involving a distracted driver, reach out to the Charlotte car accident attorneys at Wilder Pantazis Law Group to schedule a free consultation.
With more than 85 years of combined experience, our team knows how to hold distracted drivers accountable and get you the compensation you deserve.
What percent of accidents are caused by distracted drivers?
National and state data show that distracted driving remains a major contributor to serious accidents like rear-end collisions and head-on crashes.
According to the National Highway Traffic Safety Administration (NHTSA), about 8% of all fatal crashes in 2023 were caused by distracted drivers, resulting in 3,275 deaths and nearly 325,000 injuries nationwide.
In North Carolina, the problem is even more pronounced. The North Carolina Division of Motor Vehicles reported that in 2022, distracted driving was involved in 47,327 crashes—about 17.3% of all collisions statewide.
These incidents led to 164 deaths (9.2% of all fatal crashes) and 19,072 injuries (17.3% of all crash-related injuries). Because these figures rely heavily on self-reporting, the true numbers are likely even higher.
Is it illegal to text while driving in North Carolina?
Yes. North Carolina makes it illegal for any driver to text, email, or otherwise manually enter text while operating a vehicle. This ban does not apply if you’re lawfully parked or stopped.
What is the law for distracted driving in North Carolina?
According to North Carolina Statute §20‑137.4, drivers are prohibited from using a mobile device to manually type, read, or send text-based communications while behind the wheel. The law also applies to using apps that require typing or reading text.
For teens, commercial drivers, and school bus operators, the rules are even stricter, banning nearly all handheld device use.
Work-Related Car Accidents in North Carolina & Workers’ Compensation
Can you get workers’ comp benefits following a NC car accident while on the clock?
What is the penalty for texting and driving in North Carolina?
In North Carolina, the penalty for texting while driving is a $100 fine plus court costs. Although license points aren’t typically added for most drivers, a citation can still impact insurance rates, and any evidence of texting can be used against you if you’re involved in a crash.
What happens if a distracted driver hits you in North Carolina?
If a distracted driver hits you in North Carolina, the first thing to understand is that North Carolina Statute §20-166.1 requires accidents to be reported to law enforcement immediately. So, it’s in your best interest to call them while you’re at the crash site.
This step is more than a legal obligation—it’s critical for protecting your claim.
A police report documents what happened, identifies witnesses, notes signs of distraction, and can later serve as key evidence when establishing fault.
After the crash is reported, law enforcement will conduct an investigation, which may include interviewing witnesses, examining vehicle data, and assessing the scene for indicators of distracted driving (such as lack of braking or inconsistent statements).
A written report should be available within 24 hours. In the meantime, notify your insurance company about the crash—but avoid giving a statement to the other driver’s insurer until you’ve spoken with an attorney, as the insurer may try to use your words against you to shift blame and undermine your claim.
How do you prove distracted driving after an accident?
To prove a driver was distracted at the time of the accident, you’ll need to gather key evidence. In North Carolina, a distracted driving injury claim or lawsuit will typically rely on evidence such as:
- The police report
- Witness statements
- Medical records
- Crash-scene photos
- Vehicle data
In some cases, attorneys can also subpoena cell phone providers, obtain surveillance footage, download a vehicle’s event data recorder (black box), and work with accident reconstruction experts to show that the at-fault driver was texting, scrolling, or otherwise not paying attention at the moment of impact.
North Carolina’s pure contributory negligence rule (also known as the 1% rule) makes this process especially important. If the insurance company or the defendant can show you were even 1% at fault, they can bar you from recovering any compensation.
This means that even a small mistake—like driving a few miles over the speed limit or failing to signal before changing lanes—could cost you your entire claim, even if you suffered a severe injury like permanent brain damage or spinal cord paralysis.
Because the margin for error is so small in North Carolina, having an experienced attorney is crucial. A skilled Charlotte car crash lawyer can gather the right evidence, prevent insurers from twisting the facts, and build a clear case that places 100% of the fault where it belongs: on the distracted driver.
Were you injured by a distracted driver in Charlotte? We can help!
If you or a loved one suffered a serious or fatal injury because of a distracted driver in North Carolina, having an attorney who knows the local police, court systems, and insurers involved in these cases is a must.
With more than 8 decades of combined experience representing crash victims throughout North and South Carolina, the Charlotte car accident lawyers at Wilder Pantazis Law Group know how to build strong cases, counter contributory negligence arguments, and hold distracted drivers accountable.
If you were injured in a crash caused by a driver who wasn’t paying attention, reach out to Wilder Pantazis Law Group today for a free consultation and get the local legal help you need to protect your rights from the start.
References
Matthew Lynberg. (2019, May 21). Put the Phone Away or Pay. NHTSA. https://www.nhtsa.gov/campaign/distracted-driving
North Carolina 2022 Traffic Crash Facts. (n.d.). https://connect.ncdot.gov/business/DMV/CrashFactsDocuments/2022%20Crash%20Facts.pdf