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★ North Carolina · fracture

Fracture settlements
in North Carolina.

By Reviewed by Abd Shanti, Founder9 min read

A North Carolina jury found a pedestrian partly at fault for being hit by a truck and still awarded him $760,035.44, because the driver had the last clear chance to stop. Two older cases show the other traps in fracture claims: the fall no one warned about and the permanence nobody proved.

Facts that decide a fracture claim in North Carolina

Last clear chanceA careless plaintiff can still recover if the defendant had the last clear chance to avoid the harm. The negligence often “consists of failure to pay attention to one’s surroundings and discover his own peril.”Creech v. Town of Cornelius (N.C. Ct. App. 2024), quoting Williams v. Odell
Fault ruleContributory negligence: if your own carelessness helped cause the harm, you recover nothing. The Supreme Court applied the rule again in 2025.Moseley v. Hendricks (N.C. 2025)
Proof of permanent injuryA jury may be told to award for permanent injury only when medical testimony shows, with reasonable certainty, that the pain will continue.Littleton v. Willis (N.C. Ct. App. 2010)
Deadline to sueThree years for personal injury claims.N.C.G.S. § 1-52(16), as described in Upchurch v. Harp Builders (N.C. 2024)
united states · sister site
Your fracture claim in North Carolina. See the number for your own case.

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★ NC · reported fracture outcomes

What North Carolina courts have awarded.

Real North Carolina decisions and verdicts, each linked to the court record or official report.

  • Creech v. Town of Cornelius
    North Carolina Court of Appeals; Supreme Court of North Carolina · 2025
    $760,035.44 verdict stands

    Richard Creech was struck in a parking lot by a truck driven by Ian Kenner and fractured his tibia, which needed surgery and extensive rehabilitation. The jury found Creech contributorily negligent but found that Kenner had the last clear chance to avoid him, and awarded $760,035.44. The Court of Appeals affirmed in December 2024, and in October 2025 the Supreme Court dismissed the defendants’ appeal as improvidently allowed.

  • Barber v. Presbyterian Hospital
    North Carolina Court of Appeals · 2001
    Directed verdict reversed; new trial

    Lyndola Barber pushed open a stairwell door at Presbyterian Hospital in Charlotte and stepped into an unmarked step down on the other side. She fell, fractured her kneecap and spent about two months in physical therapy. The trial judge ruled for the hospital because the area was well lit and in good repair, but the Court of Appeals held a jury must decide whether she acted reasonably.

  • Littleton v. Willis
    North Carolina Court of Appeals · 2010
    $1,428,238.60 verdict; new trial

    Scott Littleton, a roofer, was trapped in his car after a head on collision in Carteret County, his left foot crushed under the brake pedal. An MRI showed fractures in the bones of his upper foot. The jury awarded $1,428,238.60, but his doctor had not seen him for about three years and could not say the injury was permanent, so the court held the permanent injury instruction was error and ordered a new trial.

★ NC · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in North Carolina.

  1. 1

    Being partly at fault is not always the end in North Carolina. Plead last clear chance whenever the other side had time to see you and stop, as Creech did.

  2. 2

    Unmarked changes in floor level are jury questions. Barber won a new trial even though the hallway was bright and clean.

  3. 3

    Keep seeing your doctor. Littleton lost a $1.43 million verdict because no current medical opinion supported permanence.

★ NC · statute of limitations
3 years from date of injury

N.C. Gen. Stat. § 1-52

★ NC · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars recovery. North Carolina retains the rule by judicial decision and has resisted legislative repeal.

★ NC · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in North Carolina.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How North Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
North Carolina · you are herePure contributory negligence3 years from date of injury—
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
TexasModified comparative, 51% bar2 years from date of injuryTX · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · fracture →
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
★ NC · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in North Carolina? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of NC
North Carolina overview

Fault rule, statute, caps, and key facts for North Carolina as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in North Carolina. See /methodology, /sources, and /disclaimer.