Wrongful Death

How do I request the official investigative fatality report for a fatal car crash? – North Carolina

Short Answer

In North Carolina, the “official investigative” report for a fatal crash is usually the law enforcement crash report (and any supplemental report noting the death) that the investigating agency files and forwards to the N.C. Division of Motor Vehicles (DMV). A request typically goes either to the investigating law enforcement agency’s records/public information office or to the DMV for a certified copy, depending on what is needed and what the agency will release. If the death involved a medical examiner investigation, a separate medical examiner file may exist and may have different access rules than the crash report.

Understanding the Problem

In North Carolina wrongful death matters, a law firm may need the official investigative fatality report for a motor vehicle crash to confirm what the investigating agency documented and what was officially filed. The decision point is which “official” record is being requested: the law enforcement crash report (including any fatality supplement) versus a medical examiner investigation report or file. The request usually starts with the public information or records office for the investigating agency, and sometimes also requires a separate request to the DMV for a certified copy.

Apply the Law

North Carolina law requires an investigating law enforcement officer to prepare a written crash report for a reportable crash and sets out how that report is forwarded and made available. When an injured person later dies and the death was not included in the original report, the investigating officer must file a supplemental report that includes the death. Law enforcement crash reports and medical examiner reports created under these rules are generally treated as public records for inspection, and the DMV must provide a certified copy upon request and payment of the applicable fee. Separate from the crash report, a medical examiner investigation can generate additional records (such as an autopsy report and toxicology), and those records can be handled differently depending on whether the death is under criminal investigation and who is requesting the file.

Key Requirements

  • Identify the correct “official” record: Determine whether the request is for (1) the law enforcement crash report and any fatality supplement, (2) a certified DMV copy of the crash report, and/or (3) medical examiner investigation materials.
  • Request from the right custodian: The investigating law enforcement agency (police department, sheriff’s office, or State Highway Patrol) may hold the report, and the DMV may hold the filed version and issue certified copies.
  • Provide enough crash identifiers: A complete request typically includes the crash date, location, decedent’s name, and the investigating agency/case or crash number (if known) so the records office can locate the correct report and any supplemental fatality report.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a fatal motor vehicle crash and a direction to request records through the appropriate public information office. Under North Carolina law, the starting point is usually the investigating law enforcement agency’s records/public information office for the crash report and any supplemental report reflecting the death. If the firm needs a certified “official” copy for file or court purposes, the DMV is the agency that issues certified copies of the filed crash report after the applicable fee is paid.

Process & Timing

  1. Who files: The requesting party (often counsel for the estate/representative). Where: The investigating law enforcement agency’s records unit/public information office in North Carolina (police department, sheriff’s office, or State Highway Patrol), and/or the N.C. DMV for a certified copy. What: A written public records request for the “law enforcement crash report” and “any supplemental report reflecting the fatality,” plus a separate request to the DMV if a certified copy is needed. When: As soon as the investigating agency can locate and release the report; if the death occurred after the crash, the supplemental fatality report is tied to when the investigating officer files it.
  2. Follow-up: If the records office indicates the crash report was forwarded to the DMV, request the DMV-certified copy and confirm whether the DMV has received the supplement. If the records office indicates an ongoing criminal investigation, ask what portions can be released now and whether a later release date is expected.
  3. Medical examiner records (if needed): If the case involved a medical examiner investigation, make a separate request to the Office of the Chief Medical Examiner (or the county medical examiner, depending on where the record is kept) for the medical examiner report and any finalized materials that are available for release under the circumstances.

Exceptions & Pitfalls

  • “Crash report” versus “investigative file”: A crash report (and supplement) is not the same as the full investigative file (photos, body-cam, witness statements, reconstruction materials). Agencies often treat those additional items differently, especially during an active investigation.
  • Ongoing criminal investigation limits: Even when a crash report is available, related investigative materials may be withheld or redacted if release would interfere with an active criminal case or reveal protected information.
  • Medical examiner materials are separate: A medical examiner report may exist even when the crash report is available. Access can depend on whether the death is under criminal investigation and which custodian holds the specific item (report, photos, toxicology, or other materials).
  • Incomplete identifiers slow the request: Missing the crash date, location, or investigating agency can delay retrieval. When available, include the crash report number and the decedent’s full name.

Conclusion

In North Carolina, the official investigative fatality report for a fatal car crash is usually the law enforcement crash report plus any supplemental report noting the death, with certified copies available through the DMV after the required fee is paid. The correct first step is to submit a written request to the investigating agency’s records/public information office for the crash report and fatality supplement, then request a DMV-certified copy if certification is needed. If a medical examiner investigation occurred, a separate request may be required for that report.

Talk to a Wrongful Death Attorney

If a fatal crash case requires the official investigative fatality report and related records, our firm has experienced attorneys who can help identify the right agency, request the correct documents, and track timing issues. 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.