Short Answer

In North Carolina, an officer’s crash report notation that you “failed to yield” is not a legal determination of fault and generally cannot be used as evidence at trial. You can ask the investigating agency to correct factual errors or file a supplemental report with new, verifiable evidence. If you received a traffic ticket, you can contest it in District Court. You can also dispute an insurer’s liability decision by submitting your evidence and requesting a re‑evaluation.

How North Carolina Law Applies

North Carolina officers complete a DMV-349 crash report that may list an “apparent contributing circumstance,” such as failure to yield. That notation influences insurance decisions, but it is not binding in civil court. State law generally prohibits using the officer’s crash report as evidence at trial. Fault in an injury claim is decided by the judge or jury based on admissible evidence, not the report’s shorthand finding.

To challenge a failed-to-yield notation, focus on correcting facts and supplying objective proof: traffic signal timing data, dashcam or surveillance video, witness statements with contact information, scene photos, vehicle damage patterns, and event data recorder (black box) downloads. If you received a citation, you can fight it in District Court; a dismissal or not‑guilty can help with insurance and negotiations. Because North Carolina follows contributory negligence, even a small share of fault can threaten your injury claim, so building a clean factual record matters.

Key Requirements

• Understand the rule: Right-of-way duties depend on the situation (left turns, stop or yield signs, entering from private drives).
• Know what changes a report: Agencies usually require new, verifiable evidence before an officer files a supplemental report.
• Ticket vs. report: A traffic citation must be contested in court; a crash report correction is handled with the police department or agency.
• Insurance disputes: You can request a liability review and submit your evidence; keep everything in writing.
• Deadlines: Personal injury claims generally have a limited time to file suit; do not wait to gather and preserve evidence.

Process & Timing

1. Get the documents: Obtain the DMV-349 crash report, any supplemental reports, and your citation (if issued). Request body‑worn camera, dashcam, 911 audio, and any nearby video promptly.
2. Identify factual errors: Look for incorrect lane positions, signal phases, time of day, vehicle directions, or witness info.
3. Gather objective evidence: Take photos and measurements, secure witness statements, request traffic signal timing/phase data from the city or NCDOT, and preserve vehicle data and scene video. Send preservation letters to businesses that may have footage.
4. Ask for a supplemental report: Contact the investigating officer or agency records unit. Provide your new evidence and a concise written summary of the specific corrections you seek. Be polite and specific.
5. Contest any ticket: If cited for a failure‑to‑yield offense, plead not guilty and request a hearing in District Court. Use discovery (when available) to obtain video and records. A favorable outcome can influence insurance decisions.
6. Dispute the insurer’s fault decision: Send a written liability dispute with your evidence (photos, video, statements, diagrams, signal timing). Ask for a supervisor review and a written explanation of the decision.
7. Consider expert analysis: In serious cases, an accident reconstruction can clarify speeds, sight lines, and timing.
8. Watch the clock: Procedures and timelines vary by court and agency. Personal injury filing deadlines are limited; do not rely on ongoing insurance talks to preserve your rights.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1: Crash reports are for administrative use and generally are not admissible as evidence in civil or criminal trials arising from the crash.
• North Carolina Gen. Stat. § 20-155: Right‑of‑way rules for vehicles approaching or entering intersections, including left‑turn duties to yield to oncoming traffic.
• North Carolina Gen. Stat. § 20-158: Duties at stop signs, yield signs, and traffic signals.
• North Carolina Gen. Stat. § 20-156: Duties when entering a highway from a private road, driveway, or alley.
• North Carolina Gen. Stat. § 1-52: General three‑year limitation periods that commonly apply to negligence and property damage claims.
• North Carolina Gen. Stat. § 58-63-15: Unfair insurance claim practices; you can complain to the N.C. Department of Insurance if you believe an insurer acted improperly.

Exceptions & Pitfalls

• Assuming the report decides fault: It does not. Build your own evidence.
• Waiting too long: Video from businesses and traffic cameras is often overwritten within days or weeks.
• Talking off the cuff: Avoid casual admissions to insurers; stick to facts and provide documents.
• Only disagreeing, not proving: Agencies rarely amend reports without new, objective proof.
• Overlooking contributory negligence: In North Carolina, even slight fault can end an injury claim; precise facts matter.
• Repairing or disposing of the vehicle too soon: Document damage thoroughly and consider preserving the vehicle until liability is resolved.

Helpful Hints

• Request body‑worn camera, dashcam, and 911 audio quickly; note incident number, date, time, and location.
• Draw a simple diagram of the intersection, your lane, the other vehicle’s path, and the traffic controls in place.
• Ask the city or NCDOT for signal timing/phase records for the date and time of the crash.
• Get written, signed witness statements with contact info while memories are fresh.
• Send a preservation letter to nearby businesses that may have exterior cameras.
• Keep all communications with insurers and agencies in writing and save copies.

Sources & References

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Personal Injury Attorney

If you’re dealing with a crash report that says you failed to yield and you need to challenge fault, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.