Short Answer

In North Carolina, you can pursue a negligence claim against the tow truck company if its operator failed to use reasonable care—such as directing you to walk in unsafe conditions—and that negligence caused your fracture. The company is typically responsible for its on-duty employee’s actions, but North Carolina’s strict contributory negligence rule can bar recovery unless an exception applies. Act before the three-year filing deadline for personal injury claims.

Understanding the Problem

You’re asking: in North Carolina, can I hold a tow truck company responsible after its operator told me to walk in bad conditions and I slipped and broke a bone? This falls under personal injury negligence. The decision point is whether the tow operator breached a duty of reasonable care in directing you and whether that caused your injury.

Apply the Law

Under North Carolina law, businesses and their employees owe a duty to act with reasonable care to avoid foreseeable harm. When an operator undertakes to direct a person at a crash scene, the operator must do so safely. If an employee is negligent within the scope of employment, the employer is generally liable (respondeat superior). North Carolina follows contributory negligence—any fault by you can bar recovery—subject to limited exceptions like willful or wanton conduct or the last clear chance doctrine. Personal injury claims generally must be filed within three years, and cases for monetary damages are filed in the trial courts (typically Superior Court for higher-value injuries). Medical providers may assert statutory liens that are paid from a portion of any settlement.

Key Requirements

• Duty and breach: The tow operator owed you reasonable care when giving directions; unsafe instructions or failure to warn can breach that duty.
• Causation: The unsafe direction must have led to your slip and fracture in a foreseeable way.
• Damages: Documented harms such as surgery, hospitalization, rehab, lost wages, and pain and suffering.
• Company responsibility: The tow company is liable for its on-duty employee’s negligence; you may also allege negligent training/supervision if supported.
• Defenses to anticipate: Contributory negligence and assumption of risk; potential exceptions include willful or wanton conduct or last clear chance.
• Deadline/forum: File within three years; sue in the appropriate North Carolina trial court and county where the defendant resides or the events occurred.
• Medical liens: Providers that gave care for your injury may have liens limited by statute and paid from any recovery.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Most injury claims must be filed within three years.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to assert liens on injury recoveries if they furnish records upon request.
• North Carolina Gen. Stat. § 44-50 (Distribution and lien limits) - Caps total medical liens to a portion of the recovery after attorney’s fees.
• North Carolina Rule of Civil Procedure 4 (Service of process) - Governs serving the complaint and summons, including on corporations/LLCs via registered agent.

Analysis

Apply the Rule to the Facts: The operator allegedly directed you to walk “in bad conditions,” which supports a breach of the duty to use reasonable care when guiding you at the scene. Your slip, fracture, and hospital treatment satisfy causation and damages. Because the operator was working, the tow company can be liable for the employee’s negligence. Expect contributory negligence arguments; your account of following the operator’s instruction can help show you acted reasonably, and doctrines like last clear chance or willful/wanton conduct may counter a contributory negligence defense in narrow circumstances.

Process & Timing

1. Who files: The injured person. Where: North Carolina trial court (often Superior Court for higher-value injuries) in the county where the defendant does business or where the fall occurred. What: File a complaint and an AOC-CV-100 Civil Summons; serve the tow company through its registered agent under Rule 4. When: File within three years of the injury.
2. After service, the company typically has about 30 days to answer. Expect discovery (medical records, photos, 911/dispatch logs, police reports, tow company policies) and, in Superior Court, court-ordered mediation before trial.
3. Resolution comes by settlement or judgment. If you recover funds, your attorney must address valid medical provider liens and reimbursements consistent with statutory caps before disbursing your net recovery.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even slightly at fault; facts showing you reasonably followed the operator’s direction can be critical.
• Exceptions: Willful or wanton conduct and the last clear chance doctrine may allow recovery despite your own negligence, but these apply only in specific circumstances.
• Identify the correct defendant (the company entity) and serve its registered agent; misnaming or bad service can delay or derail your case.
• Do not give recorded statements to insurers without counsel; admissions can fuel contributory negligence defenses.
• Track medical liens and insurer reimbursement claims; improper handling can delay settlement disbursement. Provider liens are limited by statute.
• Preserve evidence promptly: photos of the scene, footwear, weather data, police/EMS records, and any tow company dispatch or body-cam footage.

Talk to a Personal Injury Attorney

If you were hurt after following a tow operator’s unsafe directions, our firm can help you evaluate negligence, defenses, and lien issues. Call us today at 9190000000.

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.