On November 6, 2025, a Mecklenburg County Superior Court jury returned a $1.5 million verdict in Martinez v. Thompson—the first North Carolina case where a single emoji (👍) sent 1.8 seconds before impact established distracted driving liability. The crash occurred on I-485 Inner Loop at MM 12 on July 14, 2025: a 2023 Toyota RAV4 rear-ended a stopped NCDOT work truck at 68 mph, killing the plaintiff’s 34-year-old wife and causing C4–C5 spinal fusion. Verizon phone records showed the defendant sent the thumbs-up emoji at 14:32:41.6; impact logged at 14:32:43.4 via the RAV4’s EDR. Total damages: $1.5M ($600K economic, $900K non-economic). The verdict sets binding precedent under NC Pattern Jury Instruction 104.35 for “handheld device use” including emoji transmission.

Phone data extraction (2025 forensic standards):

• iPhone 15 Pro (defendant): iOS 19.1, full iMessage log via Cellebrite UFED ($1,800).

• Timestamp precision: 0.1 sec via NTP sync.

• Emoji duration: 1.8 sec from tap to send (thumb on screen).

• Screen-on time: 4.2 sec prior (unlocked via Face ID).

Legal hook: NCGS § 20-137.4A (2019) bans “manual entry” on handheld devices while driving. A 2025 NC Supreme Court ruling in State v. Johnson expanded “entry” to include emoji selection. The Martinez jury found the 1.8-second distraction = negligence per se—no contributory defense allowed. Punitive damages denied (defendant had clean record).

Claim process:

1. Preserve EDR – File spoliation letter within 24 hrs (Bosch CDR download).

2. Subpoena carrier logs – Verizon/AT&T retain 180 days; demand .CSV with NTP stamps.

3. Sync via UTC – Use NIST time server for 0.01 sec accuracy.

4. Hire forensic linguist – $2,200 to prove emoji = active engagement.

5. File Form AOC-CV-100 – Civil suit, no criminal needed.

Insurance impact:

• Progressive (defendant): $100K policy exhausted; $1.4M from personal assets.

• UIM (plaintiff): $1M stack after primary.

• Bad faith trigger: Refusal to produce phone log = $100K penalty (NCGS § 58-63-15).

A September 2025 crash on I-40 near Durham: Defendant sent 🔥 emoji 1.4 sec before T-boning a Honda Civic. Plaintiff (UNC med student) sustained C5 fracture. GEICO settled for $1.92M after phone log showed 3.2 sec screen time.

For similar digital liability in gig work, see Amazon Flex Driver Hit You? The 2026 ‘Independent Contractor’ Loophole NC Just Closed—both involve app-based distraction.

Carrier defenses rejected:

• “Auto-reply”: 0% of emoji are automated.

• “Passenger sent”: Phone biometrics (Face ID log) prove driver.

• “Hands-free”: Emoji requires manual screen tap.

File checklist:

• EDR download receipt

• Carrier subpoena return (date-stamped)

• Emoji screenshot with metadata

• Medical causation letter (1.8 sec = 136 ft blind travel at 68 mph)

The thumbs-up verdict turns a 1.8-second tap into a $1.5M judgment. Subpoena the phone log, sync the EDR, and file before the emoji deletes in 90 days.