What are your rights under the law when another driver crashes into you while texting?
Both North Carolina, South Carolina and Virginia have laws that restrict cell phone use and texting while driving. The National Conference of State Legislatures publishes the cell phone and texting laws for all U.S. States, and you can see that Virginia and North Carolina's laws are very similar. Neither has a hand-held cell phone ban. However, both states ban cell phone use for drivers younger than 18 years old and school bus drivers. They do have a texting ban for all drivers. A primary texting ban law allows law enforcement officers to stop a driver whom they suspect is texting while driving.
In Virginia, fines for texting while driving include:
In North Carolina, fines for texting while driving include:
A driver who texts while driving violates the law in both states. Any driving violation is indicative of negligence and, when the insurance company or court determines fault for causing an accident, they look to see whether the driver was negligent.
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