North Carolina Injury Laws

North Carolina Good Samaritan Law: Who Is Protected When They Help at a Crash or Emergency

People hesitate at crash scenes because they fear being sued. North Carolina answers that fear with two statutes. Here is who they protect, what they do not cover, and what they mean for the person who was hurt.

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The Rule in Plain English
North Carolina’s Good Samaritan law, N.C. Gen. Stat. § 90-21.14, protects anyone who voluntarily and without expecting payment gives first aid or emergency care to an unconscious, ill, or injured person from liability for ordinary negligence; only gross negligence, wanton conduct, or intentional wrongdoing removes the protection. At a motor vehicle crash scene, N.C. Gen. Stat. § 20-166(d) protects a helper unless the conduct was wanton or intentional.
North Carolina Good Samaritan law: a driver calling 911 for help at the scene of a crash

Also called: § 90-21.14, emergency aid immunity, first aid liability limitation

The first people at a North Carolina crash are almost never paramedics. They are other drivers, passengers, and neighbors, and the law wants them to help. Two statutes make that safe: a general Good Samaritan provision in the medical chapter of the General Statutes, and a crash-specific provision in the motor vehicle chapter that is even broader. Between them, a person who pulls someone from a burning car, starts CPR, or holds pressure on a wound cannot be sued for an honest mistake.

This page explains both statutes in their own terms: who is protected, what conditions must be met, what the protection does not cover, how the two sections fit together, and how the Good Samaritan law affects the injury claim of the person who was helped. Joshua E. Palmer, Attorney at Law represents people hurt in North Carolina crashes, many of whom owe their recovery to a stranger who stopped.

Who Does North Carolina’s Good Samaritan Law Protect?

N.C. Gen. Stat. § 90-21.14(a) protects “any person,” naming volunteer providers at local health department facilities and nonprofit community health centers and volunteer rescue squad members specifically. The person must act voluntarily and without expecting compensation, rendering first aid or emergency health care to someone who is unconscious, ill, or injured. Two conditions describe the emergency: the reasonably apparent circumstances must require prompt decisions and actions, and the need for immediate treatment must be so apparent that delay would seriously worsen the person’s condition or endanger their life.

When those conditions are met, the helper is not liable for damages for injuries or death alleged to have resulted from an act or omission in giving the treatment, unless the injury or death was caused by gross negligence, wanton conduct, or intentional wrongdoing. The same subsection extends the immunity to anyone who uses an automated external defibrillator and otherwise meets the section’s requirements, which is why public-access AEDs can be used by bystanders without hesitation.

Plain English: if you stop, help for free, and the situation plainly could not wait, North Carolina will not let the person you helped sue you for ordinary carelessness. Only reckless or deliberate harm is outside the shield.

What Does The Law Say About Helping At A Car Crash In North Carolina?

The motor vehicle chapter has its own rule, and it is broader. Under N.C. Gen. Stat. § 20-166(d), any person who renders first aid or emergency assistance at the scene of a motor vehicle crash on any street or highway, to any person injured in the crash, is not liable in civil damages for any acts or omissions relating to the services rendered unless they amount to wanton conduct or intentional wrongdoing. The crash provision drops the gross negligence exception, so at a crash scene even a grossly careless but not reckless helper is protected. Section 90-21.14(c) resolves any conflict between the two sections in favor of § 20-166(d).

The crash statute also tells drivers what they must do. Under § 20-166(a) and (a1), a driver who knows or reasonably should know that their vehicle was involved in a crash that injured or killed someone must stop immediately at the scene and remain there until an officer completes the investigation or allows them to leave, unless staying would put the driver or others at significant risk; a willful violation after a serious-injury or fatal crash is a Class F felony. The firm’s answer on whether a hit-and-run is a felony in North Carolina covers those duties in full. The Good Samaritan provisions protect the helper who stays; they do not excuse the driver who leaves.

What Does The Good Samaritan Law Not Cover?

Three things. First, the protection ends at gross negligence, wanton conduct, or intentional wrongdoing under § 90-21.14, and at wanton or intentional conduct under § 20-166(d); abandoning someone mid-treatment or attempting a procedure far outside one’s ability can cross that line, a bruised rib from CPR does not. Second, § 90-21.14(b) withholds the immunity from anyone providing health care in the normal and ordinary course of their business or profession, so an on-duty paramedic or a physician treating a patient is judged by the professional standard of care. The one exception: an unpaid volunteer provider treating members of an athletic team is deemed not to be acting in the course of business.

Third, the law protects people who help; it does not require bystanders to. North Carolina imposes no general duty on a passerby to rescue a stranger, and a person who drives past a crash violates no statute by doing so. The duties to stop and remain fall on the drivers involved in the crash under § 20-166, not on witnesses. Our gross negligence entry explains where ordinary carelessness ends and the unprotected conduct begins.

How Does The Good Samaritan Law Affect A North Carolina Injury Claim?

The person who was hurt still has a claim; it simply runs against the driver who caused the crash rather than against the stranger who helped. The helper’s immunity does not reduce the at-fault driver’s liability for any part of the injury, including harm that a reasonable bystander’s imperfect first aid may have added, because the at-fault driver is responsible for the foreseeable consequences of the crash. In practice, Good Samaritan immunity rarely changes the value of a claim; it changes only who can be named in it.

The law matters more when the helper is the one injured. A person struck by traffic while pulling a driver from a wreck has a claim against the driver whose negligence created the emergency, and North Carolina courts have long recognized that a rescuer’s decision to help does not by itself amount to contributory negligence. That matters here more than in most states: under North Carolina’s contributory negligence rule, any negligence by the injured person that contributed to the injury bars recovery entirely, so the rescue context is often what keeps a helper’s claim alive. The driver’s duty of care extends to the people foreseeably drawn to the scene.

If you were the one who stopped and got hurt: you likely have a claim against the driver who caused the crash, and your decision to help is not held against you the way ordinary fault would be. Get the facts reviewed before an insurer frames it differently.

What Should A Helper Do At A North Carolina Crash Scene?

Call 911 first, because dispatch can direct the aid and the call time becomes part of the record. Do not move an injured person unless fire or traffic makes staying more dangerous. Give the help you know how to give and stay until responders arrive; the statute protects a helper who acts in good faith within the limits of their ability. Note what you saw before the crash, because the people who stop are often the only independent witnesses, and the firm’s guide to the North Carolina crash report explains how that account reaches the official record.

Attorney Joshua E. Palmer
About the Author

Joshua E. Palmer

Managing Partner · Joshua E. Palmer, Attorney at Law

Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. These pages explain the North Carolina rules he applies in client cases every week, in plain English, with the statute that sets each one.

  • J.D., North Carolina Central University School of Law (Durham, NC)
  • Managing Partner, Joshua E. Palmer, Attorney at Law
  • Selected to Super Lawyers Rising Stars, 2026
In Short

Key Facts About North Carolina’s Good Samaritan Law

  • Under § 90-21.14, anyone who voluntarily and without pay gives first aid or emergency care in a situation that plainly cannot wait is not liable for ordinary negligence; only gross negligence, wanton conduct, or intentional wrongdoing removes the shield.
  • At a motor vehicle crash scene, § 20-166(d) protects any helper from civil liability unless the conduct was wanton or intentional, and it controls over § 90-21.14 if the two conflict.
  • The immunity covers AED use and volunteer providers, but not professionals providing care in the ordinary course of their work.
  • The law protects people who help; it imposes no duty on bystanders to rescue, while § 20-166 requires the drivers involved to stop and remain at the scene.
  • The injured person’s claim runs against the at-fault driver, not the helper; a rescuer injured while helping has a claim too, and the rescue is not treated as contributory negligence by itself.
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Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.

Common Questions

North Carolina Good Samaritan Law: Frequently Asked Questions

Can you be sued for helping at a car accident in North Carolina?
Not for ordinary negligence. Under N.C. Gen. Stat. § 20-166(d), a person who gives first aid or emergency assistance at the scene of a motor vehicle crash is not liable in civil damages for the services rendered unless the conduct was wanton or intentional. Away from a crash scene, § 90-21.14 gives similar protection with a gross negligence exception.
Does North Carolina’s Good Samaritan law cover CPR and AED use?
Yes. Section 90-21.14 protects first aid and emergency health care treatment given voluntarily and without pay when the need is apparent, and it specifically extends the immunity to anyone who uses an automated external defibrillator and otherwise meets the section’s requirements.
Does the Good Samaritan law protect off-duty nurses and doctors in North Carolina?
Generally yes, when they help voluntarily and without compensation outside the normal course of their business or profession. Section 90-21.14(b) withholds the protection from care given in the ordinary course of one’s profession, so an on-duty provider is held to the professional standard instead.
What if a Good Samaritan made my injury worse?
Your claim still runs against the driver who caused the crash, who is responsible for the foreseeable consequences of it, including harm from a bystander’s good-faith first aid. The helper is immune unless the conduct was wanton or intentional at a crash scene, or grossly negligent elsewhere.
Can I recover if I was hurt while helping at a North Carolina crash?
Usually yes, against the driver whose negligence caused the emergency. North Carolina courts have long recognized that a rescuer’s decision to help is not by itself contributory negligence, which matters because any fault of your own would otherwise bar the claim.
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Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of November 2026; confirm current law with an attorney before relying on it.

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