Short Answer

In North Carolina, you file a personal injury claim by proving negligence: duty, breach, causation, and damages. Running a stop sign can establish breach of duty under traffic laws, but you must also show the violation caused your injuries and document your losses. File your lawsuit within three years of the crash and in the correct court, then serve the defendant under Rule 4. Be aware North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault.

Understanding the Problem

You want to know how, in North Carolina, you can bring a personal injury claim when another driver ran a stop sign and hit your car. You’re the injured person, seeking compensation (medical bills, lost income, pain and suffering). The core decision: how to start and prosecute a negligence claim in North Carolina courts, including timing.

Apply the Law

Under North Carolina law, a negligence claim requires showing the other driver owed you a duty of care, breached that duty, proximately caused your injuries, and that you suffered actual damages. Violating a safety statute (like failing to stop at a stop sign) can satisfy the breach element if the violation caused the crash. Claims are filed in the General Court of Justice (District or Superior Court based on the amount in controversy). The main deadline is three years from the date of the collision to file suit.

Key Requirements

• Duty: Every driver must use reasonable care and follow traffic laws.
• Breach: Running a stop sign is a traffic violation and can establish breach if it caused the collision.
• Causation: The breach must be the proximate cause of your injuries (not just a technical violation).
• Damages: Document medical treatment, lost wages, and pain and suffering.
• No contributory negligence: If you were even slightly at fault, North Carolina’s contributory negligence rule can bar recovery, subject to limited doctrines like last clear chance.
• File and serve on time: File within three years and serve the defendant under Rule 4 to keep the case active.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) — Personal injury negligence claims generally must be filed within three years.
• North Carolina Gen. Stat. § 20-158 (Stop and yield signs) — Controls requirements to stop/yield; violations can support breach.
• North Carolina Gen. Stat. § 7A-243 (Superior Court jurisdiction) — Sets the amount-in-controversy threshold for filing in Superior Court; smaller claims are filed in District Court.

Analysis

Apply the Rule to the Facts: If the other driver ran a stop sign, that helps prove breach. You still need to connect that breach to your injuries (police report, photos, witness statements, medical records) and quantify damages. If you did nothing to contribute (e.g., you had the right of way and obeyed your speed), the contributory negligence bar should not apply; if you were speeding or distracted, the defense may raise it, and you will need evidence to rebut it.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court, Civil Division, in the county where the crash occurred or where the defendant resides (District or Superior Court depends on the amount claimed). What: Civil Complaint and Civil Summons (AOC-CV-100), with a Rule 8 short, plain statement of the claim. When: File within three years of the collision; the defendant typically has 30 days to answer after service in a civil action.
2. Serve the defendant: Use Rule 4 methods (sheriff, certified mail, designated delivery service, or personal service on an authorized agent). If service is delayed, you may need an alias or pluries summons to keep the case active. Counties may vary on processing times.
3. Litigate or settle: Exchange evidence (medical records, bills, repair estimates, photos, videos, witness statements), attend mediation if ordered, and negotiate. If unresolved, the court will enter a judgment after trial.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; develop evidence early (scene photos, ECM data, witnesses) to counter this defense.
• Negligence per se limits: A traffic violation helps prove breach, but you still must prove causation and damages.
• Service traps: Strict Rule 4 service is required; if you cannot serve promptly, use alias/pluries summons to avoid dismissal.
• UIM considerations: Settling with the at‑fault insurer without proper notice/consent can jeopardize underinsured motorist rights; procedures and carrier requirements can change.

Talk to a Personal Injury Attorney

If you’re dealing with injuries after a stop‑sign crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.