How do I find the driver’s identity and accident report so I can understand what happened and preserve my rights? – North Carolina

Short Answer

In North Carolina, the quickest way to identify the driver and get the basic facts is usually to request the law enforcement crash report. Reports made by the investigating officer are public records, and the North Carolina Division of Motor Vehicles (DMV) can provide a certified copy for a fee. Separately, preserving rights usually means acting quickly to preserve evidence (like vehicles, electronic data, and video) and watching the wrongful death filing deadline, which is generally two years from the date of death.

Understanding the Problem

In North Carolina, when a person is killed in a bicycle-vehicle collision, the surviving spouse often needs to answer one practical question early: how can the driver’s identity and the official crash report be obtained so the family can understand what happened and protect the ability to pursue a wrongful death claim? This issue typically comes up when law enforcement investigated the crash, but the family does not yet have the report number, the at-fault driver’s information, or insurance details, and time-sensitive evidence may still exist.

Apply the Law

North Carolina law requires law enforcement to investigate reportable crashes and prepare a written report on a short timeline. Those officer-prepared crash reports are treated as public records and are generally open to inspection, and the DMV must provide certified copies to members of the public who request them and pay the required fee. Separately, if the death may lead to a wrongful death claim, North Carolina generally requires that the lawsuit be filed within two years of the date of death, and the claim must be brought by the personal representative of the estate (not simply by a family member in an individual capacity).

Key Requirements

Locate the correct crash report source: Identify which agency investigated (local police, sheriff, or State Highway Patrol) and whether the report is held locally or at DMV.
Request the officer’s crash report (not a private driver report): Officer-prepared crash reports are public records; non-officer reports are not.
Protect the wrongful death timeline and standing: A wrongful death case generally must be filed within two years of death, and the estate’s personal representative is the party who brings the claim.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; public access) – Requires an officer’s written crash report and states that officer and medical examiner crash reports are public records and DMV must provide certified copies upon request and fee.
N.C. Gen. Stat. § 1-53(4) (Wrongful death deadline) – Sets a two-year statute of limitations for wrongful death claims, running from the date of death.

Analysis

Apply the Rule to the Facts: The facts describe a fatal bicycle-vehicle collision in North Carolina where the surviving spouse needs to learn what happened and preserve rights. Under North Carolina law, the starting point is the investigating officer’s crash report because it is a public record and typically lists the driver’s name, vehicle information, and insurance details. Because a death occurred, timing matters: the wrongful death filing deadline is generally two years from the date of death, so getting the report and preserving evidence should happen quickly while the estate’s personal representative position is being addressed.

Process & Timing

Who files: Any member of the public may request an officer-prepared crash report; an attorney or the estate’s personal representative often handles requests as part of an investigation. Where: North Carolina DMV (for a certified copy) and/or the investigating law enforcement agency that handled the crash (police department, sheriff’s office, or State Highway Patrol). What: Request a copy of the officer’s crash report; be prepared to provide the crash date, location, names involved, and (if known) the report number. When: As soon as possible after the crash, because other evidence (video, vehicle data, witness contact info) can disappear quickly.
Follow-up to confirm identity and coverage: Once the report is received, use the driver name, vehicle plate/VIN, and insurer listed to confirm the correct at-fault party and open the appropriate insurance claim file. If the report lists “unknown” or incomplete fields, a follow-up request for supplemental reports may be needed.
Preserve evidence and align with the wrongful death claim posture: Send written preservation notices to any likely evidence holders (driver/vehicle owner, insurers, employers if the driver was working, towing/storage companies, and nearby businesses with cameras). In parallel, begin the estate administration step needed to have a personal representative in place to pursue the wrongful death claim.

Exceptions & Pitfalls

Not every “report” is public: North Carolina treats officer and medical examiner crash reports as public records, but reports made by non-officers are not public records. Asking for the wrong report can cause delays.
Driver privacy rules can limit DMV data requests: Even when a crash report is public, other DMV motor vehicle records can involve privacy restrictions and specific permitted uses. A request should be targeted to the crash report and any public supplements, rather than broad personal record requests.
Waiting too long to preserve evidence: Surveillance footage can be overwritten, vehicles can be repaired or salvaged, and electronic data can be lost. Written preservation requests should go out early, even if all details are not known yet.
Wrongful death standing: A wrongful death case is typically brought by the estate’s personal representative. Delays in opening the estate can create avoidable pressure as the two-year deadline approaches.

Conclusion

In North Carolina, the most direct way to learn the driver’s identity and understand what happened is to obtain the investigating officer’s crash report, which is a public record and can be requested from DMV or the investigating agency. Preserving rights also requires acting quickly to preserve time-sensitive evidence and keeping the wrongful death deadline in mind, which is generally two years from the date of death. The next step is to request the officer crash report from the North Carolina DMV as soon as the crash date and location are known.

Talk to a Wrongful Death Attorney

If you’re dealing with a fatal bicycle-vehicle collision and need the crash report, the driver’s identity, and a plan to preserve evidence and deadlines, our firm has experienced attorneys who can help you understand your 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.