Every driver has seen it, someone glancing down at their phone instead of keeping their eyes on the road, and in North Carolina, this behavior is more than just careless; it is against the law. So, is texting and driving illegal in Durham, NC? Yes, it is. State law bans all drivers from texting while behind the wheel, even when stopped at a light, and violations can lead to a $100 fine plus court costs. Despite these penalties, distracted driving continues to cause serious car accidents across Durham and throughout the state, leaving victims to deal with injuries, financial stress, and uncertainty about their next steps.
Understanding how these laws apply is critical when pursuing accountability and fair compensation, and at Naomi Ellis Law, we guide clients through this process with clarity and support.
If you were hit by a distracted driver, the first priority is protecting your health and your legal claim. Start by seeking medical attention immediately, even if your injuries appear minor, since many serious conditions are not visible right away. Next, the crash should be reported to law enforcement so that an official report can document the driver’s phone use and provide valuable evidence.
is texting and driving illegal
When it is safe to do so, gather proof at the scene by taking photos of the vehicles, road conditions, and any signs of cell phone use, and ask witnesses to share their statements. Afterward, request a copy of the police report, which may include references to texting violations under state law.
As your case moves forward, avoid direct communication with the at-fault driver’s insurance company, because their focus is on limiting payouts; instead, let your attorney handle those discussions. Finally, keep a journal of your symptoms, pain levels, and daily struggles, since these personal records can help demonstrate damages that go beyond medical bills.
Beginning December 1, 2025, North Carolina will expand restrictions on handheld devices. According to Senate Bill 526, drivers will be required to use hands-free technology instead of holding a phone while operating a vehicle. For the first six months after the law takes effect, officers will issue warnings only, but after that period, citations will apply. This change builds on the existing N.C. Gen. Stat. § 20-137.4A, which already makes it unlawful to manually enter or read text messages while driving.
For victims of distracted driving accidents, these changes matter because they show North Carolina’s effort to reduce preventable crashes and give attorneys clearer tools to establish negligence in a car accident case.
No two texting and driving accident cases in North Carolina are alike, which means there is no set settlement amount. What you may recover depends largely on how severe your injuries are, the financial strain the crash has caused, and its long-term impact on your day-to-day life.
Common categories of damages typically include the following:
In some cases, punitive damages may apply if the distracted driver’s conduct was willful or reckless. And, because North Carolina follows contributory negligence rules, even slight fault on your part could bar recovery, making it essential to build a strong case that places full responsibility on the distracted driver
Texting while driving accidents are not minor mistakes; they are preventable choices that put others at risk. If you or a loved one has been injured in a car accident and are wondering, “Is texting and driving illegal in Durham, NC?”, the answer is yes. At Naomi Ellis Law, we bring together legal knowledge and genuine care to support people injured by distracted drivers in Durham and throughout North Carolina. Call us today at 919 444 4177 to schedule a free consultation and learn how we can help you seek the compensation you deserve.
Attorney Naomi Ellis is a dedicated personal injury lawyer known for her tenacity, compassion, and client-first approach. After moving from Australia to the U.S. as a student-athlete, she earned her law degree with honors and gained valuable experience at top firms before founding Ellis Law. Naomi is committed to helping injured individuals reclaim their lives through skilled, personalized legal representation.
Tell us about your case and our attorneys will contact you promptly
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Naomi Ellis who has more than 20 years of legal experience as a personal injury attorney.
All fields are requiered
or give us a call at
Give us a call 919.444.4177
