Short Answer

In North Carolina, look for a personal injury attorney who routinely handles motor vehicle and trucking collisions, knows how to work with Medicaid liens, and is prepared to file suit if needed. Your lawyer will want the police crash report, officer and witness information, photos or videos, EMS/ER records and bills, and all relevant insurance details (including your household policies). If police responded, your attorney can obtain the official crash report and may petition a court to access any police body‑worn or dash‑camera recordings. North Carolina’s general deadline to file most injury lawsuits is three years.

Understanding the Problem

In North Carolina, you want to know: as an injured passenger, how do I choose the right personal injury attorney, and what documents will they need when police responded to the crash? You were a passenger when a truck with a long trailer caused a collision. The goal is to pick counsel who can gather and protect key evidence quickly and guide your medical and insurance steps so your claim stays on track.

Apply the Law

North Carolina treats a passenger’s injury claim from a crash like any negligence case: you must prove the other driver was at fault, that the crash caused your injuries, and what your losses are. The primary forum, if settlement fails, is North Carolina state court in the county where the crash occurred or where a defendant lives. A core deadline is the statute of limitations: most injury suits must be filed within three years from the crash date. When police respond, an officer typically creates a DMV‑349 crash report; that report and related recordings can be important evidence.

Key Requirements

• Liability (fault): Show the at‑fault driver breached a duty (for example, unsafe lane change or improper trailer maneuver) and caused the crash.
• Causation: Connect your symptoms to the collision with medical records, imaging, and consistent treatment.
• Damages: Document medical bills, treatment notes, pharmacy records, lost wages, and how the injury affects daily life.
• Insurance coverage: Identify all applicable policies: at‑fault liability, the van’s coverages (including any medical payments), and your household UM/UIM policies.
• Evidence from police response: Obtain the DMV‑349 crash report, officer notes, photographs, and—if needed—seek court access to body‑cam/dash‑cam recordings.
• Liens and reimbursements: Address Medicaid and medical provider liens before distribution of any settlement.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1 (Crash reporting and investigation) - Officers investigate reportable crashes and complete crash reports that become part of the record.
• North Carolina Gen. Stat. § 132-1.4A (Law-enforcement recordings) - Body‑cam and dash‑cam videos aren’t public records; access generally requires a court order.
• North Carolina Gen. Stat. § 1-52 (Three‑year limitations period) - Most personal injury actions must be filed within three years of the injury.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien) - Medicaid may assert a lien on any third‑party recovery, subject to statutory limits.

Analysis

Apply the Rule to the Facts: As a North Carolina passenger, fault usually focuses on the truck driver and any company responsible for the trailer. The police response means a DMV‑349 crash report likely exists, and your attorney should gather it along with any photos or recordings. Your ER visit and continuing back pain support causation and damages; consistent follow‑up care will help. Because you have Medicaid, your attorney must identify and resolve any Medicaid lien before distributing settlement funds.

Process & Timing

1. Who files: The injured passenger (through an attorney). Where: Start with an insurance claim to the at‑fault carrier and any applicable policies; if needed, file suit in North Carolina state court in the crash county or a defendant’s county. What: Request the DMV‑349 crash report and EMS run sheet; send preservation and representation letters; collect medical records and bills; if necessary, petition Superior Court for access to police recordings. When: Request crash records promptly; pursue treatment consistently; file any lawsuit within three years of the crash.
2. As evidence arrives, your attorney identifies all coverages (at‑fault liability, the van’s coverages, and any UM/UIM in your household), obtains witness statements, and secures photos/video. For police video, expect additional time for a court petition and agency review.
3. After compiling liability, medical, and billing proof—and addressing Medicaid—your attorney negotiates with insurers. If settlement fails, the case proceeds to litigation, ending with a judgment or settlement and a final disbursement after lien resolution.

Exceptions & Pitfalls

• North Carolina follows contributory negligence; if a plaintiff is found at fault, recovery can be barred. Passengers are rarely at fault, but insurers may still probe for blame.
• Police body‑cam/dash‑cam videos are not automatically available; access usually requires a court order, so request them early.
• Gaps in treatment or limited follow‑up can weaken causation; document symptoms and attend appointments consistently.
• Do not rely on the at‑fault insurer to “open a claim”; identify all potential coverages, including your household UM/UIM and any medical payments coverage on the van.
• Medicaid and providers may have liens; resolve them before settlement distribution to avoid delays and compliance issues.
• Insurers may ask about seat belts; in North Carolina, seat belt non‑use is generally not admissible to prove fault or damages in a civil case.

Talk to a Personal Injury Attorney

If you’re dealing with injuries from a North Carolina crash where police responded and you need help gathering evidence and dealing with insurers and Medicaid, 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.