Short Answer

In North Carolina, you prove a shoulder injury claim by showing the other driver was negligent, the crash caused your shoulder injury, and you have documented damages. Use the police report, photos, witness statements, medical records, and a doctor’s opinion tying the crash to your shoulder condition. Because North Carolina uses contributory negligence, keep focused evidence that you signaled, turned lawfully, and the other driver failed to yield or drove carelessly.

Understanding the Problem

You want to know how, under North Carolina law, you can prove a left-turn T-bone crash caused your shoulder injury so the insurer pays your claim. You were turning left at a traffic light with your signal on when the other driver hit your passenger side. The police found the other driver at fault, but you have not received a settlement offer, and you are treating for right shoulder pain.

Apply the Law

North Carolina car injury claims generally require proof of negligence (duty, breach, causation, and damages). For left turns, state traffic rules require signaling and yielding as appropriate; right-of-way and signal phase matter. To prove causation for a shoulder injury, insurers typically look for prompt complaints, consistent treatment, imaging if indicated, and a medical opinion linking the condition to the crash. If settlement fails, civil lawsuits are filed in the county where the crash happened or where the defendant lives. Most personal injury claims must be filed within three years of the crash.

Key Requirements

• Negligence (duty and breach): Show the other driver failed to yield, ran a light, or otherwise violated traffic rules, while you used your signal and turned lawfully.
• Causation: Connect the crash to your shoulder injury through early documentation, continuous treatment, and a doctor’s causation statement.
• Damages: Prove medical bills, therapy costs, lost income, and the impact on your daily activities with records and notes.
• Right-of-way facts: Establish the light phase, turn signal use, vehicle positions, and impact location to support fault.
• Contributory negligence risk: In North Carolina, any fault assigned to you can bar recovery, so your evidence must address yielding and safe turning.

What the Statutes Say

• North Carolina Gen. Stat. § 20-154 (Signals and safe turning) - Requires proper signal and that a turn not be made unless it can be done safely.
• North Carolina Gen. Stat. § 20-155 (Right-of-way at intersections) - Addresses yielding rules, including duties when turning left.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation for most personal injury claims) - Sets the general deadline to file suit for bodily injury.

Analysis

Apply the Rule to the Facts: The police report finding the other driver at fault supports breach of duty, and your use of a turn signal helps show you acted lawfully. To prove causation, keep building medical proof: your shoulder pain complaints, physical therapy records, and a provider’s opinion linking the crash to your shoulder condition. Damages are shown through medical bills, therapy costs, and how the injury limits your activities. Because North Carolina applies contributory negligence, gather evidence on the signal phase and right-of-way to minimize any claim that you failed to yield.

Process & Timing

1. Who files: The injured driver. Where: Open a bodily injury claim with the at-fault driver’s liability carrier and, if applicable, a medical payments claim under your own policy; if needed, file a lawsuit with the Clerk of Superior Court in the county of the crash or defendant’s residence. What: Notice of claim and a demand package; if filing suit, a Civil Summons (AOC-CV-100) and a Complaint. When: Start the insurance claim promptly and file any lawsuit within three years of the crash.
2. Evidence building (30–90 days and ongoing): Obtain the police report, scene photos, vehicle damage photos, and witness contacts; request signal timing data if light phase is disputed; collect complete medical records/bills and ask your provider for a causation letter addressing preexisting conditions.
3. Resolution: Send a demand once treatment stabilizes or reaches a plateau; negotiate with the adjuster. If unresolved, proceed with litigation. Expected outcome is a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault assigned to you can bar recovery; evidence of the light phase, your signaling, and the other driver’s speed/yielding is critical. Limited exceptions (like last clear chance) are fact-specific.
• Police reports: Helpful for negotiations, but not always admissible proof of fault at trial; back them up with photos, witness statements, and, if needed, signal timing records.
• Medical proof gaps: Delayed care, missed therapy, or unrelated gaps weaken causation. Keep consistent treatment and obtain a clear provider opinion tying the shoulder injury to the crash.
• Preexisting shoulder issues: Not fatal, but your doctor should explain aggravation versus baseline and apportion, if possible.
• Same insurer for both drivers: Expect separate adjusters, but the carrier is not neutral. Be cautious with recorded statements and broad medical authorizations.

Talk to a Personal Injury Attorney

If you’re dealing with a shoulder injury after a left-turn T-bone crash and the insurer is stalling, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (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.