What happens to the availability of a crash report when the collision involved a fatality and the investigation is still being completed? – North Carolina

Short Answer

In North Carolina, the law-enforcement officer’s written crash report is generally a public record and can usually be requested even when the collision involved a fatality. However, parts of what law enforcement gathers during an ongoing investigation (such as witness interviews, lab results, or other investigative materials) can be treated as criminal investigation records and may be withheld until the investigation is finished or a court orders release. In practice, a requester may receive the basic crash report while more detailed investigative information remains unavailable during an active case.

Understanding the Problem

When a collision results in a death in North Carolina, the investigating law enforcement agency often continues work after the scene clears, which can include reconstruction, follow-up interviews, and coordination with other agencies. The question is what happens to the availability of the crash report while that work is still underway. In other words, can the public obtain the crash report right away, or does a fatality and an unfinished investigation delay or limit access.

Apply the Law

North Carolina treats law enforcement crash reports as public records in most situations, meaning the public can inspect them and request copies through the North Carolina Division of Motor Vehicles (DMV). At the same time, North Carolina law draws a separate line around “records of criminal investigations,” which are not public records while they qualify as investigative materials. A fatal crash can involve a potential criminal case, so it is common for some information to be available (the crash report) while other information remains restricted (the investigative file).

Key Requirements

Crash report vs. investigative file: The officer’s crash report is typically available as a public record, but investigative materials created or gathered to prevent or solve crimes may be withheld as criminal investigation records.
Agency custody and forum matters: Requests for a certified crash report usually go through the North Carolina DMV; requests for additional materials often go to the investigating law enforcement agency and may be denied while the investigation is active.
Supplemental reporting after a death: If an injured person later dies from the collision and the death was not in the original report, the investigating officer must file a supplemental report that includes the death.

What the Statutes Say

N.C. Gen. Stat. 20-166.1 (Crash reports; public availability) – Requires an investigating officer to prepare a written crash report and states that law enforcement crash reports are public records open to inspection; the DMV must provide certified copies upon request and payment of the statutory fee.
N.C. Gen. Stat. 132-1.4 (Criminal investigation records) – Provides that records of criminal investigations are not public records, though a court can order disclosure; it also lists certain basic information that generally remains public.

Analysis

Apply the Rule to the Facts: No specific facts were provided, so consider two common fatal-crash scenarios. If law enforcement has completed the officer’s standard crash report, that report is usually treated as a public record and can often be obtained through the DMV even while follow-up investigative work continues. If the agency is still gathering witness statements, downloading vehicle data, awaiting lab results, or building a potential criminal case, those materials commonly fall into the category of criminal investigation records and may be withheld until the investigation is completed or a court orders release.

Process & Timing

Who files: No filing is required to request a crash report. Where: Requests for a certified crash report commonly go through the North Carolina Division of Motor Vehicles (DMV). What: A request for a certified copy of the law enforcement crash report (sometimes requested by report number, crash date, and location). When: After the investigating officer generates the report and it is processed into the system; timing can vary with serious or fatal collisions.
If more detail is needed: Requests for items beyond the crash report (such as witness statements, reconstruction diagrams not included in the report, photos, body-worn camera video, lab reports, or other follow-up materials) typically go to the investigating law enforcement agency. During an active investigation, the agency may treat these as criminal investigation records and decline to release them.
If access is denied: When the request seeks information the agency classifies as criminal investigation records, the next step may involve waiting until the investigation closes or asking a court to order disclosure, depending on the material and why it is being requested.

Exceptions & Pitfalls

“Crash report” is not the whole “file”: A common frustration in fatal cases is receiving the basic crash report but not the supporting investigative materials, which may be withheld as criminal investigation records during an active case.
Processing delays are common in serious collisions: Even though the officer must prepare a report promptly, a fatal crash may involve specialized review or supplemental reporting that delays when a final, complete version is available through the DMV.
Requesting from the wrong place: The DMV typically provides the certified crash report, but it usually will not provide a law enforcement agency’s broader investigative materials. Those requests must go to the investigating agency, and different disclosure rules can apply.

Conclusion

In North Carolina, a law enforcement crash report is generally a public record, and a fatality does not automatically make it unavailable while the investigation continues. Still, an ongoing fatal-crash investigation often generates additional materials that can be withheld as criminal investigation records until the investigation ends or a court orders disclosure. The most practical next step is to request the certified crash report from the North Carolina DMV once the report has been processed.

Talk to a Wrongful Death Attorney

If a family is dealing with a fatal crash and questions about when a crash report or related investigation materials can be obtained, our firm has experienced attorneys who can help explain options and timelines. Call us today at (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.