Warner Robins, GA
Neighboring states have gone hands-free, so it is a fair question. North Carolina’s answer is narrower than most people expect, and it matters after a crash.
Phone use behind the wheel shows up in a large share of the crashes people call us about. The criminal rule in North Carolina is narrow, but in an injury claim the question is broader: was the driver paying attention?
Joshua E. Palmer, Attorney at Law represents people hurt by distracted drivers in North Carolina. This page explains what the phone laws actually say and how phone use is proved and used in a crash claim.
N.C. Gen. Stat. § 20-137.4A makes it unlawful to drive on a public street, highway, or public vehicular area while using a mobile phone to manually type multiple letters or text to communicate with someone, or to read an email or text message. Looking at a caller’s name or number is not covered. The statute exempts a driver who is lawfully parked or stopped, emergency personnel on duty, GPS and digital dispatch systems, and voice-operated technology.
A violation is an infraction with a $100 fine plus court costs, and no license or insurance points. Texting while driving a school bus is a Class 2 misdemeanor.
| Driver | What is banned | Penalty |
|---|---|---|
| Adult driver | Typing texts or email, reading texts or email | $100 infraction, no points |
| Driver under 18 | Any mobile phone use while moving, including hands-free | $25 infraction, no points |
| School bus driver | Texting or email while operating | Class 2 misdemeanor, at least $100 |
| Commercial vehicle driver | Use that violates federal motor carrier rules | Under the federal rules |
No. N.C. Gen. Stat. § 20-137.3 bars anyone under 18 from using a mobile phone, or any added technology on it, while the vehicle is in motion. The statute’s definition of mobile phone expressly includes devices used without either hand. The exceptions are calls to a parent, legal guardian, or spouse, and calls about an emergency to 911, a hospital or doctor’s office, an ambulance service, a fire department, or law enforcement. The penalty is a $25 fine with no points.
Not by itself. The texting statute says a violation is not negligence per se and not contributory negligence per se in a civil case. That means a texting citation does not automatically establish fault. It is still strong evidence, because a driver looking at a phone is not keeping a proper lookout, and the general duty of reasonable care applies whether or not any statute was broken.
Phone records, the phone’s own data, witness accounts, and dash camera or business video can show what the driver was doing in the seconds before the crash. That evidence needs to be requested early.
Tell the officer what you saw, such as the driver looking down or holding a phone, and get witness contact information, because witnesses often see the phone before the crash. Photograph the other car’s interior only if you can do it safely and lawfully. Then talk to a North Carolina car accident lawyer about preserving phone records before they are lost.
Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. These answers are the ones he gives clients across a desk, written down: direct, in plain English, and tied to the North Carolina rule that applies.
Hit by a distracted driver in North Carolina? Call for a free case review.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
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Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of November 2026; confirm current law with an attorney before relying on it.
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