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Unfortunately, probably not. North Carolina is a contributory negligence state. What that means is that if you are found to have contributed in any way to the fault of the accident then you cannot recover at all from the other person. (not even if you are 1% and the other person is 99%) For example, if you are texting and driving and get hit by a car you might not be able to recover if it is found that you could have avoided the accident by staying off your phone.
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