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Ashamed to say it: daycare kids were with me when the light failed

“daycare kids were in my car in Durham and the traffic light was messed up and now insurance says my shoulder treatment was not medically necessary do I still have a case”

— Tanya P., Durham

A Durham daycare worker got hit in an intersection with a malfunctioning light, her injuries got worse because safety equipment failed, and now the insurer is calling her treatment unnecessary.

Yes, you can still have a case - and it may be bigger than the insurer wants to admit

If a traffic light in Durham was malfunctioning and you got hit while supervising daycare kids, the insurance company will try to shrink the whole thing down to one ugly little argument: "The crash wasn't that serious, so your treatment wasn't medically necessary."

That's the game.

And if a seat belt locked wrong, an airbag failed, or some recalled part made your injuries worse, the blame may not stop with the other driver.

The first fight is about the crash. The second fight is about what made it worse.

A bad light at an intersection near Roxboro Street, Guess Road, or one of those messy Durham crossings feeding into NC-147 can create pure confusion. One driver thinks they had green. Another swears the signal skipped or flashed wrong. That part is already a mess.

Now add this: your shoulder slams hard because the belt didn't restrain right, or your wrist gets twisted because the airbag never deployed, or deployed late.

That's not just a regular wreck claim anymore.

You could be looking at separate fault from:

  • the other driver
  • the city or agency responsible for the signal, depending on who controlled it
  • the manufacturer of the defective car part
  • the seller, distributor, or installer that put the bad equipment into the stream of sale or installed it wrong

Here's what most people don't realize: North Carolina does not make product cases easy with broad strict liability the way some states do. You usually have to prove a defect, a failure to warn, negligent design, negligent manufacture, or negligent installation. So if somebody told you "it's automatically strict liability," that's not really how it works here.

"Not medically necessary" is usually code for "we don't want to pay for the MRI"

Insurers in North Carolina love this move after intersection crashes.

They point to minimal vehicle damage, delayed treatment, or an ER note that says "stable" and pretend physical therapy, orthopedic visits, injections, or imaging were optional.

That's bullshit a lot of the time.

Shoulder injuries especially can look "minor" on day one and turn into a real problem after a few shifts lifting kids, buckling car seats, and carrying classroom gear. Same with wrists. A daycare worker doesn't get to baby an injury. You go right back to wiping tables, catching toddlers, and moving all damn day.

That matters.

If your treatment followed a normal chain - ER, urgent care, primary doctor, orthopedics, PT, imaging - the insurer doesn't get to erase it just because the adjuster thinks you should have been fine in two weeks.

The defective-part issue changes the medical argument

If your injuries were worsened because safety equipment failed, the insurer's "not necessary" line gets weaker.

Why? Because now the medical care is tied not just to the impact, but to a second event inside the vehicle.

A failed seat belt can cause a shoulder or chest injury that doesn't match the visible property damage.

A bad airbag can turn a survivable hit into wrist, face, neck, or clavicle injuries.

A recalled component matters too. If the part was under recall before the crash, that opens a whole different lane of evidence. If it was recalled after, that can still matter, but it gets more technical fast.

What usually decides this fight

In Durham, the paper trail is everything.

The claim gets stronger if there's proof the signal was malfunctioning, proof the vehicle equipment failed, and proof your treatment tracked the injury pattern. That can include crash photos, repair records, recall notices, event data, EMS notes, ER records, and the first doctor who documented reduced range of motion or weakness.

The insurance company is hoping some of that disappears.

Cars get repaired. Modules get wiped. Parts get thrown away. People wait too long.

That's where good cases die.

North Carolina deadlines are real, but the shorter practical deadline is much sooner

For a regular personal injury claim in North Carolina, you generally have three years from the date of the crash.

But if the bad traffic signal is part of the story, waiting around is dangerous for a different reason: maintenance logs, signal timing data, inspection records, and physical evidence can get lost long before that.

Same for the vehicle itself.

If the car is sold, salvaged, or fixed before the defective part is documented, you may lose the best proof you had.

And if the insurer is denying treatment now, that tells you exactly what's coming next: they're going to say your shoulder care was excessive, your time out of work was your choice, and your injury came from daycare lifting instead of the wreck.

That's why the failed-light crash and the failed-equipment issue have to be treated as one connected story, not two separate headaches.

by Wayne Stiltner on 2026-04-01

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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