Short Answer

Yes—under North Carolina negligence law, you may recover past medical bills, future surgery costs, lost income, and pain and suffering if you prove the tow company (through its operator) failed to use reasonable care and that failure caused your fall and injuries. North Carolina also applies a strict contributory negligence rule, which can bar recovery if you were even slightly at fault, so the facts and documentation matter.

Understanding the Problem

In North Carolina, can an injured driver recover medical and future surgery costs from a tow company when the operator directed the driver to walk in unsafe conditions and the driver slipped and broke a bone? The focus is whether the tow company’s operator owed and breached a duty of reasonable care and whether that caused the injury, allowing a claim for money damages.

Apply the Law

North Carolina negligence law requires proof of a duty of reasonable care, a breach of that duty, and causation of actual harm. A tow operator directing you on where and how to move at a crash scene generally must act as a reasonably careful person would under the circumstances. The claim is brought in the civil trial court (not before the Clerk of Superior Court), and most personal injury claims must be filed within three years of the injury. Evidence of medical expenses is limited to amounts actually paid or necessary to satisfy the bills.

Key Requirements

• Duty: The tow operator and company must use reasonable care when directing you, especially in hazardous conditions.
• Breach: Directing you to walk in unsafe conditions, or failing to warn or assist when a reasonable operator would, can be a breach.
• Causation: The breach must be a cause of your fall and injuries (both cause-in-fact and foreseeability).
• Damages: You can claim past medical bills (limited to amounts paid/owed), future medical care if reasonably certain, lost income, and pain and suffering.
• Defenses: North Carolina’s contributory negligence rule can bar recovery if you were even slightly negligent; assumption of risk and intervening cause may also be raised.
• Forum & timing: File a civil action in District or Superior Court; most negligence claims must be filed within three years of the fall.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitations) - Most personal injury claims must be filed within three years.
• N.C. R. Evid. 414 (Medical expenses evidence) - Past medical damages are limited to amounts actually paid or necessary to satisfy the bills.
• N.C. Gen. Stat. § 7A-243 (Superior Court jurisdiction) - Superior Court hears civil actions with an amount in controversy over $25,000.
• N.C. R. Civ. P. 4 (Service of process) - Explains how a summons and complaint must be served.

Analysis

Apply the Rule to the Facts: The operator allegedly told you to walk in bad conditions and you slipped and broke a bone, needing surgery. A jury could find the tow company owed and breached a duty by directing you into a hazardous path without reasonable precautions, and that this caused your injury. Your recoverable damages can include ER bills, surgery, follow-up care, future surgery if reasonably certain, lost wages from missed work, and pain and suffering—subject to North Carolina’s limits on presenting medical expense evidence.

Process & Timing

1. Who files: You (the injured person). Where: Civil District or Superior Court in the North Carolina county where the fall happened or where the tow company/driver resides. What: File a Civil Summons (AOC-CV-100) and a Complaint stating negligence and damages; serve under Rule 4. When: File within three years of the injury.
2. After service, the defendant answers. The case proceeds through discovery and, commonly, mediation. Timeframes vary by county and court assignment.
3. Resolution is by settlement or trial. If you prevail, the judgment can include past and future medical expenses, lost income, and non-economic damages proved.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly negligent (e.g., ignored clear warnings or chose an obviously unsafe path), recovery can be barred.
• Assumption of risk/intervening cause: Defendants may argue you knowingly accepted the risk or that something else solely caused the fall.
• Medical bills proof: Courts limit proof of past medical expenses to amounts paid or needed to satisfy the bills. Keep insurance EOBs and provider balances.
• Future care: Future surgery costs must be supported by medical testimony showing reasonable certainty, not speculation.
• Wrong defendant/service issues: Identify the correct tow company entity and serve properly under Rule 4 to avoid dismissal.

Talk to a Personal Injury Attorney

If you're dealing with injuries after a tow operator directed you into unsafe conditions, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.