Short Answer

In North Carolina, you can pursue compensation by making a claim against the at-fault driver’s liability insurer and, if needed, filing a lawsuit in the county where the crash happened or where the other driver lives. You must prove the other driver’s fault, that the crash caused your injuries, and your damages. North Carolina’s strict contributory negligence rule means any fault on you can bar recovery, and you generally have three years from the crash to file suit.

Understanding the Problem

You want to recover money after a red-light crash in North Carolina. The goal is to hold the at-fault driver (and their insurer) responsible for your medical bills, lost income, pain and suffering, and vehicle damage. Here, the key issue is whether you can show the other driver ran the red light and caused your ongoing back and shoulder problems treated by a chiropractor.

Apply the Law

In North Carolina, drivers must obey traffic signals and use reasonable care. Breaking a safety rule, like running a red light, is strong evidence of negligence. To recover, you need to show the other driver was at fault, the crash caused your injuries, and you have real losses. Claims usually start with the at-fault driver’s insurer; lawsuits are filed with the Clerk of Superior Court in the proper county. The general deadline to file a personal injury or property damage lawsuit is three years from the crash.

Key Requirements

• Fault: The other driver failed to obey a traffic light or otherwise drove carelessly.
• Causation: The collision led to your injuries and vehicle damage.
• Damages: You have losses such as medical bills, pain and suffering, lost wages, and repair costs.
• No contributory negligence: If you were even slightly at fault, recovery can be barred, subject to narrow exceptions.
• Insurance path first: Open a claim with the at-fault driver’s insurer; consider your own coverage (e.g., med-pay/UM) if applicable.
• Deadline: File any lawsuit within three years of the crash date.

What the Statutes Say

• North Carolina Gen. Stat. § 20-158 (Traffic signals/stop requirements) - Drivers must obey traffic control devices, including red lights.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most personal injury and property damage claims must be filed within three years.
• North Carolina Gen. Stat. § 20-279.21 (Liability insurance requirements) - Motor vehicles must carry liability coverage that pays for covered losses caused by an insured driver.

Analysis

Apply the Rule to the Facts: A red-light violation strongly supports the fault element. Your chiropractic records and ongoing back and shoulder symptoms help connect the crash to your injuries and show damages, along with receipts for out-of-pocket repairs and treatment. Because the crash was last year, the three-year lawsuit deadline still likely applies, but time is moving. Be mindful that any allegation that you contributed to the crash could threaten your claim in North Carolina.

Process & Timing

1. Who files: You (or your attorney). Where: Open a claim with the at-fault driver’s insurer; if suit is needed, file with the Clerk of Superior Court in the county where the crash occurred or where the defendant resides. What: Insurance claim with a demand package; for lawsuits, a civil complaint and civil summons. When: Generally within three years of the crash; notify insurers promptly per policy terms.
2. Insurer reviews liability, medical records, and repair estimates. Negotiations may follow after you complete treatment or reach a stable point. Timelines vary by insurer and the complexity of injuries.
3. If no settlement, proceed with litigation: service of the summons and complaint, discovery, motions, and, if unresolved, trial leading to a judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can bar recovery; avoid statements that suggest you “could have avoided it” or were distracted.
• Recorded statements: Give only necessary facts; consider legal guidance before recorded statements to the other driver’s insurer.
• Gaps in treatment: Delays or inconsistent care can undermine the causal link between the crash and your injuries.
• Documentation: Keep photos, witness info, police report number, medical bills, and receipts; incomplete records weaken your claim.
• Liens and reimbursements: Medical providers or insurers may claim repayment from a settlement; address these early to avoid delays at the end.

Talk to a Personal Injury Attorney

If you’re dealing with injuries and bills after a red-light crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 or email intake@piercelaw.com.

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.