Short Answer

In North Carolina, you can hold a rear driver liable by proving negligence: they owed you a duty, breached it (for example, by following too closely), caused the crash, and you suffered damages. Rear-end collisions often point to the following driver’s fault, but North Carolina’s contributory negligence rule means your own fault—even slight—can bar recovery, unless an exception applies. The general deadline to file suit is three years from the crash.

Understanding the Problem

You want to know if, in North Carolina, you can make the other driver pay for rear-ending you when you were stopped at a green light. This falls under personal injury negligence. The decision point is whether the other driver’s conduct legally caused your injuries and losses so you can recover from their insurer or through a lawsuit.

Apply the Law

North Carolina uses fault-based negligence. The injured person must show the other driver failed to use reasonable care and that failure caused injury and loss. Rear-end crashes commonly involve the duty to keep a proper lookout, control speed, and leave enough following distance. Claims usually begin with the at-fault driver’s insurer, but you may need to file in the county’s District or Superior Court. The standard deadline to sue for injury or vehicle damage is three years from the date of the collision.

Key Requirements

• Duty: Every driver must use reasonable care, including maintaining a safe following distance and keeping a proper lookout.
• Breach: The rear driver violates that duty by actions like following too closely, inattention, or unsafe speed.
• Causation: The breach must be a direct cause of the collision and your injuries.
• Damages: You must have actual losses (medical treatment, lost wages, vehicle damage, pain).
• Contributory negligence: If you were even slightly at fault, recovery can be barred, subject to narrow exceptions.

What the Statutes Say

• North Carolina Gen. Stat. § 20-152 (Following too closely) - Drivers must not follow more closely than is reasonable and prudent.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Personal injury and property damage claims generally must be filed within three years.
• North Carolina Gen. Stat. § 20-135.2A (Seat belt use) - Nonuse of a seat belt is generally not admissible to prove negligence in a civil case.

Analysis

Apply the Rule to the Facts: You were stopped at a green light when the other driver hit you from behind. That points to a breach of the duty to maintain a safe following distance and proper lookout, satisfying duty and breach. Your emergency treatment and leg fractures, along with a total-loss vehicle and missed work, show causation and damages. Unless the defense can show you were negligent, the elements align with a viable negligence claim.

Process & Timing

1. Who files: The injured driver (you). Where: Start with a claim to the at-fault driver’s insurer; if unresolved, file a civil action with the Clerk of Superior Court in the county where the crash occurred or where the defendant lives. What: Complaint and Civil Summons (AOC-CV-100); serve the defendant by sheriff or certified mail. When: File suit within three years of the crash.
2. After filing, the Clerk issues the summons; service typically occurs within days to a few weeks. The defendant has 30 days to answer (often extended by 30 days). Discovery and court-ordered mediation follow; timelines vary by county.
3. Resolution occurs by settlement (release and dismissal) or judgment after trial in District Court (claims up to $25,000) or Superior Court (claims over $25,000).

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; exceptions like “last clear chance” may apply but are narrow.
• Evidence gaps: Delays in medical care, missing photos, or not securing the crash report can weaken causation and damages.
• Recorded statements: Giving broad statements to the opposing insurer before you understand your injuries can harm your claim.
• Seat belt issues: Don’t assume nonuse will be used against you; North Carolina generally bars that evidence.
• Coverage coordination: Check your own policies for MedPay and UM/UIM benefits; they can help when liability is disputed or limits are low.

Talk to a Personal Injury Attorney

If you're dealing with injuries and a totaled car after a rear-end crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.