Can I recover for injuries and other losses when a driver turned left in front of me?: Answered for North Carolina

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Can I recover for injuries and other losses when a driver turned left in front of me? - North Carolina

Short Answer

Yes—under North Carolina law, a driver turning left must yield to oncoming traffic. If that driver failed to yield and caused the crash, you can pursue compensation for injury and property damage. However, North Carolina follows contributory negligence: if you were even slightly at fault, your claim can be barred unless a narrow exception applies. Your medical payments coverage can help with medical bills regardless of fault; vehicle repairs must go through the at-fault driver’s insurer if you have no collision coverage.

Understanding the Problem

You want to know if you can recover after a North Carolina crash where the other driver turned left across your lane and you were hit. The key issue is whether the left-turning driver failed to yield, which is usually the central fault question in personal injury claims from these collisions. One important detail here: you have medical payments coverage but no collision coverage, so injury bills may be paid by your policy while vehicle repairs must be pursued through the at-fault driver’s insurer.

Apply the Law

North Carolina law requires left-turning drivers to yield to oncoming traffic that is close enough to be a hazard. A claim for injuries and losses relies on proving negligence: duty, breach, causation, and damages. North Carolina’s contributory negligence rule can bar recovery if you share any fault, though the “last clear chance” doctrine can sometimes overcome that defense. You generally resolve claims with the at-fault driver’s insurer or file suit in a North Carolina trial court. Most injury claims must be filed within three years of the crash.

Key Requirements

  • Duty and breach: The left-turning driver must yield; failing to do so breaches a traffic duty.
  • Causation: The failure to yield must be a direct cause of the collision and your injuries.
  • Damages: You must have losses such as medical bills, lost income, pain and suffering, or vehicle damage.
  • Contributory negligence: If you were even slightly at fault (for example, clear speeding or running a light), recovery can be barred.
  • Timing: Most personal injury and property damage claims must be filed within three years of the crash.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The other driver turned left in front of you, which points to a failure to yield and supports the breach element. Your injuries and car damage show damages, and the turn likely caused the collision, satisfying causation. Because you have medical payments coverage, you can seek payment of medical bills now regardless of fault, but you must pursue vehicle repairs through the at-fault insurer. Watch out for contributory negligence arguments; even minor fault can bar recovery.

Process & Timing

  1. Who files: The injured person. Where: Open a bodily injury and property damage claim with the at-fault driver’s insurer in North Carolina; submit a med pay claim to your own insurer. What: Provide the crash report, photos, medical records/bills, and repair estimates. When: Start claims promptly; you generally must file any lawsuit within three years of the crash.
  2. Insurer review: Adjusters investigate liability and damages. This can take weeks to a few months depending on treatment and repair documentation. County practices and insurer procedures vary.
  3. If no fair resolution: File a civil complaint in the appropriate North Carolina trial court (District or Superior) in the county where the crash occurred or the defendant resides, before the three-year deadline. The court will issue a summons for service.

Exceptions & Pitfalls

  • Contributory negligence: Insurers may argue you were speeding or distracted; if proven, recovery can be barred.
  • Last clear chance: If the left-turn driver had a clear, final opportunity to avoid the crash but failed, you may still recover despite some fault.
  • Medical liens and repayments: Hospitals and some providers can assert liens; handle them correctly to avoid delays in settlement disbursement.
  • Recorded statements: Be cautious; statements can be used to argue you share fault.
  • Coverage gaps: Without collision coverage, your repairs depend on the at-fault insurer’s acceptance of liability; gather strong evidence early (photos, witnesses, skid marks).

Conclusion

In North Carolina, a driver who turns left must yield to oncoming traffic; if they fail to yield and cause a crash, you can seek compensation for injuries and vehicle damage. Your claim depends on proving negligence and avoiding a contributory negligence bar. Use your medical payments coverage for immediate medical bills and pursue property damage through the at-fault insurer. If settlement fails, file a lawsuit in the proper North Carolina trial court before the three-year deadline.

Talk to a Personal Injury Attorney

If you’re dealing with a left-turn crash and need to sort out injury and property damage claims under North Carolina law, our firm has attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.

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