Short Answer

Yes. In North Carolina, you can bring a negligence claim if a contractor or government road crew leaves gravel or rocks that make the roadway unreasonably unsafe and that hazard causes your crash and injuries. Depending on who controlled the work zone, you may sue a private contractor in Superior Court or file a claim against the North Carolina Department of Transportation (NCDOT) with the Industrial Commission. North Carolina’s three-year filing deadline generally applies, and contributory negligence can bar recovery.

Understanding the Problem

You want to know if you can bring a claim in North Carolina when a crash happens because construction crews left gravel or rocks in the road. The core issue is whether an injured driver can hold the responsible party accountable for an unsafe work zone condition. Here, a police report exists, which can help confirm whether construction debris and a work zone were involved.

Apply the Law

Under North Carolina law, road contractors and state or local transportation agencies must use reasonable care to keep work zones reasonably safe for drivers and to warn about hazards they create. Leaving loose gravel or rocks in travel lanes without proper cleanup or warning can be negligence if it creates an unreasonable risk. If the State (through NCDOT) controlled the work, claims go through the North Carolina Industrial Commission under the Tort Claims Act. Claims against private contractors or trucking companies are filed in Superior Court. Most personal injury claims must be filed within three years, and North Carolina’s contributory negligence rule means any fault by the injured driver can defeat the claim unless a narrow exception applies.

Key Requirements

• Duty: The road owner/manager and contractors must keep the work zone reasonably safe and warn of hazards they create.
• Breach: Leaving gravel or rocks in a travel lane, or failing to sweep or post proper warnings, can violate the duty of care.
• Causation: The debris must be a direct cause of the crash (e.g., loss of traction or a vehicle striking gravel and losing control).
• Damages: You must show actual harm (injuries, medical treatment, missed work, vehicle damage).
• Immunity & forum: Claims against NCDOT go to the Industrial Commission; city/county claims may face governmental immunity unless waived by insurance; contractor claims go to Superior Court.
• Deadline: Generally three years to file for personal injury; wrongful death is typically two years.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most negligence actions for injury to the person must be filed within three years.
• North Carolina Gen. Stat. § 143-291 (Tort Claims Act; Industrial Commission) - Claims against the State (e.g., NCDOT) are heard by the Industrial Commission.
• North Carolina Gen. Stat. § 143-299.2 (Time limits under Tort Claims Act) - Sets time limits for filing tort claims against the State (generally three years for personal injury; two years for wrongful death).
• North Carolina Gen. Stat. § 160A-485 (Municipal waiver of immunity by insurance) - A city can waive governmental immunity to the extent of liability insurance coverage.

Analysis

Apply the Rule to the Facts: Your police report can help show whether construction debris was present, who controlled the work zone, and how the crash occurred. Your injuries and time out of work satisfy the damages element. The key questions are whether crews left gravel or rocks in the travel lane and whether that condition caused the semi to hit you. If a contractor created the hazard, you would generally sue in Superior Court; if an NCDOT crew controlled the site, you would file with the Industrial Commission. Contributory negligence will be raised, so the report and scene evidence matter.

Process & Timing

1. Who files: The injured driver (or a legal representative). Where: If NCDOT is involved, file with the North Carolina Industrial Commission; if it’s a private contractor or the truck driver/company, file in the county Superior Court where the crash occurred or a defendant resides. What: For NCDOT, file a verified Tort Claims Act filing (Form T-1) with the Industrial Commission; for private defendants, file a Civil Summons (AOC-CV-100) and a Complaint. When: File within the three-year statute of limitations for personal injury; wrongful death is two years.
2. Investigation: Promptly gather the police report, photos/video, medical records, and identify the prime contractor/subcontractors and NCDOT division. Request work logs, traffic control plans, and sweeping records. Expect initial responses in weeks; deeper records can take longer.
3. Resolution: Claims may resolve by settlement, Commission award, or court judgment after discovery and, if needed, a hearing or trial. The final outcome is a written order or judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault by the injured driver can bar recovery; preserve evidence that the debris caused the crash and that you were driving prudently.
• Governmental immunity: Cities/counties may be immune unless they have liability insurance; confirm coverage before suing.
• Derivative immunity for contractors: A contractor closely following NCDOT’s plans may argue immunity; evidence of poor cleanup or unsafe performance can overcome this.
• Wrong forum: Claims against NCDOT belong in the Industrial Commission, not Superior Court.
• Delay and spoliation: Debris gets cleaned up fast; send preservation requests quickly to avoid losing sweep logs, work records, and camera footage.
• Misidentifying parties: Identify the correct prime contractor, subs, and any traffic control company before filing.

Talk to a Personal Injury Attorney

If you were hurt in a crash tied to work zone debris or unsafe traffic control, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.