The winter storm that hit North Carolina from January 30 to February 1, 2026 wasn’t just a weather event. It created a serious public safety crisis on our roads.
More than 1,000 crashes occurred across the state over that weekend. Two people died. A 100-vehicle pileup on Interstate 85 near Kannapolis left dozens of motorists stranded for hours. The National Guard had to be called in to clear the roads.
Charlotte Douglas Airport recorded 11 inches of snow, tying a record from 1880. Coastal counties saw up to 20 inches. Roads became ice rinks. Tractor-trailers couldn’t move. Cars slid into each other in chain reactions that involved 30, 50, sometimes 100 vehicles.
I’ve been practicing law in North Carolina for 28 years. I’ve handled winter storm accident cases. I know the legal issues these crashes create. I can help you understand your rights after a weather-related accident.
Can You Recover Damages When Weather Caused the Crash?
This is the first question people ask me. If the crash was caused by ice or snow, can you still recover damages?
The answer is yes, but it’s complicated.
Weather doesn’t eliminate liability. Weather creates conditions. Drivers are still responsible for adjusting their speed and driving safely for those conditions. If another driver was going too fast for icy roads, following too closely, or failed to maintain control, they can be held liable even though weather was a factor.
But here’s where North Carolina’s harsh contributory negligence law comes into play.
If you were even 1% at fault for the accident, you could recover nothing. Zero. The insurance company will argue that you should have stayed home. They’ll claim you were driving too fast for conditions. They’ll say you contributed to the crash by being on the road at all.
I know how to counter those arguments. I’ve dealt with weather-related accident cases throughout my career. The key is proving that the other driver’s actions, not the weather alone, caused the crash.
Multiple Vehicle Crashes Create Complex Liability Issues
The I-85 pileup near Kannapolis involved approximately 100 vehicles. More than 30 tractor-trailers. Dozens of passenger cars. Multiple minor injuries. Motorists stranded for hours in freezing conditions.
Who’s liable when 100 vehicles crash in a chain reaction?
The answer requires investigation. You have to reconstruct the sequence of events. Which driver started the chain? Did multiple drivers contribute? Were there separate collision sequences within the larger pileup?
In multi-vehicle crashes, there can be multiple liable parties. The first driver who lost control might be liable. The driver who was following too closely might be liable. The tractor-trailer driver who jackknifed across multiple lanes might be liable.
Each case requires analyzing the specific facts. Witness statements matter. Video footage if available matters. The accident reconstruction matters. The position of vehicles after the crash matters.
I know how to investigate these cases properly. I know how to identify all potentially liable parties. I know how to build a case that proves fault despite the weather conditions.
Can You Sue the State for Poor Road Maintenance?
When road conditions contribute to crashes, people sometimes ask whether they can sue the North Carolina Department of Transportation for inadequate salting, plowing, or road maintenance.
The answer is maybe, but it’s extremely difficult.
NCDOT is a government entity. Claims against government entities go through the North Carolina Tort Claims Act. You file with the Industrial Commission, not regular civil court. The process has strict procedural requirements.
To succeed against NCDOT, you typically need to prove that the state knew about a dangerous condition and failed to fix it, or that the state’s actions created the danger. Simply saying “the roads weren’t salted enough” usually isn’t enough.
During a massive storm affecting the entire state, NCDOT has limited resources. Courts generally recognize that the state can’t salt and plow every road simultaneously. The state gets some protection for discretionary decisions about where to deploy crews during emergencies.
That said, there are situations where government liability exists. If NCDOT created a dangerous condition through negligent road design or maintenance, claims may be possible. Each case depends on specific facts.
If you think government negligence contributed to your crash, call me immediately. Tort Claims Act cases have the same three-year statute of limitations (two for wrongful death), but there are technical filing requirements that must be met early. You can’t afford procedural mistakes.
Commercial Vehicle Crashes Have Different Rules
The I-85 pileup involved more than 30 tractor-trailers. When commercial vehicles are involved in crashes, different legal rules often apply.
Commercial truck drivers are held to higher standards than regular drivers. They have commercial driver’s licenses. They’re required to have special training. They’re supposed to know how to handle trucks in adverse conditions.
Trucking companies can be held liable for their drivers’ negligence. The company that owns the truck. The company that employed the driver. The company that was responsible for maintaining the vehicle. All can potentially be liable.
Commercial vehicles also typically have much higher insurance coverage than passenger cars. A standard personal auto policy might have $30,000 or $100,000 in liability coverage. Commercial trucks often carry $1 million or more.
That higher coverage matters when injuries are serious. It means there’s actually money available to compensate victims for major medical bills, lost wages, and pain and suffering.
I know how to handle cases involving commercial vehicles. I know the federal regulations that govern trucking companies. I know how to investigate whether the driver was properly trained, whether the truck was properly maintained, and whether the company followed safety requirements.
Insurance Companies Use Mass Casualty Events Against You
When a major storm causes more than 1,000 crashes across the state, insurance companies see an opportunity. They know they’ll be handling massive claim volumes. They know most people don’t understand their rights. They know they can minimize or deny legitimate claims.
Here’s what insurance companies do after events like this:
They blame the weather exclusively. They argue that since the storm caused the crash, nobody is liable. That’s legally wrong, but most people don’t know that.
They pressure you to settle quickly for low amounts. They offer $5,000 or $10,000 to make your claim go away before you realize your injuries are more serious than you thought.
They use recorded statements against you. They call you within days of the crash and ask you to describe what happened. Then they use your words to claim you admitted fault or weren’t really hurt.
They delay processing claims hoping you’ll give up. They know people get frustrated dealing with bureaucracy and medical bills. They count on you accepting less just to be done with it.
I deal with these tactics every day. I know how insurance companies operate after mass casualty events. I know how to protect your rights and get fair compensation for your injuries.
What To Do Right Now If You Were Injured
If you were injured in a crash during the January 30 to February 1 winter storm, take these steps immediately:
Get medical treatment. Even if you feel okay, get checked out by a doctor. Some injuries don’t show symptoms right away. Delayed treatment gives insurance companies ammunition to claim you weren’t really hurt.
Document everything. Take photos of your vehicle damage, your injuries, and road conditions if possible. Save weather reports from the day of your crash. Keep all medical records and bills. Write down everything you remember about the accident while it’s fresh.
Don’t talk to insurance companies without an attorney. Not the other driver’s insurance. Not even your own insurance for a recorded statement. Call me first. What you say to insurance companies can destroy your case.
Don’t post on social media. Insurance companies monitor Facebook, Instagram, and other platforms. They’ll use photos and posts to claim you’re not really injured.
Don’t accept quick settlement offers. Insurance companies offer fast money hoping you’ll settle before you know the full extent of your injuries. Once you sign a release, you can’t go back for more money later even if your injuries turn out to be worse than you thought.
Call an attorney immediately. North Carolina’s contributory negligence law means you can’t afford mistakes. Weather-related crashes create complex liability issues. Multi-vehicle accidents require investigation. You need someone who knows how to handle these cases.
Time Limits and Procedural Requirements
The statute of limitations for personal injury cases in North Carolina is three years. For wrongful death, it’s two years.
That might sound like plenty of time. It’s not.
Evidence disappears. Witnesses forget details. Video footage gets deleted. Insurance companies build their defense from day one. The longer you wait, the harder it becomes to prove your case.
If government negligence is involved, the procedural requirements under the Tort Claims Act create additional complexity. You need to file with the Industrial Commission, not regular court. There are technical requirements that must be met.
I know these procedures. I know how to properly file claims. I know how to meet all the technical requirements. I won’t let your case fail because of a procedural error.
Why Experience Matters in Weather-Related Crashes
I’ve been practicing law in North Carolina for 28 years. I’ve handled weather-related accident cases. I’ve dealt with multi-vehicle crashes. I’ve taken on insurance companies who tried to deny legitimate claims by blaming the weather.
I know how to investigate these cases properly. I know how to prove that driver negligence, not just weather, caused the crash. I know how to counter contributory negligence defenses. I know how to identify all potentially liable parties in chain reaction accidents.
I know North Carolina’s Tort Claims Act procedures for cases involving government entities. I know the federal regulations that apply to commercial vehicles. I know how to negotiate with insurance companies who try to minimize claims after mass casualty events.
Most importantly, I know the strict rules about contributory negligence that make North Carolina one of the hardest states to win injury cases. You can’t afford to make mistakes when even 1% of fault means zero recovery.
Don’t Let Insurance Companies Take Advantage of You
The winter storm created chaos on North Carolina roads. More than 1,000 crashes. Two deaths. A 100-vehicle pileup. Dozens of people injured. Hundreds of damaged vehicles.
Insurance companies see these events as opportunities to minimize payouts. They count on people not knowing their rights. They count on confusion about weather-related liability. They count on you being overwhelmed dealing with injuries, vehicle damage, and medical bills.
Don’t let them take advantage of you.
If you were injured in a crash during the January 30 to February 1 winter storm, call me. I don’t waste your time or mine. If you have a case, I’ll tell you. If you don’t, I’ll tell you that too.
But you need to call now. Evidence disappears. Witnesses forget. Insurance companies build their defense immediately. The sooner we start working on your case, the better your outcome will be.
Call me at 336-221-8900.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different. If you need legal advice about a specific situation, contact an attorney directly.
Source
- North Carolina State Highway Patrol reports, February 1-2, 2026
- WRAL coverage of winter storm crashes
- WBTV Charlotte winter storm reporting
- Associated Press North Carolina winter storm coverage
- National Weather Service Raleigh storm data
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