Short Answer

In North Carolina, you prove the other driver is at fault by showing (1) a duty to use reasonable care, (2) a breach of that duty (such as pulling out when unsafe or failing to yield), (3) that the breach caused the crash and your injuries, and (4) measurable damages. Useful proof includes witness statements, video, the officer’s observations, scene measurements, vehicle damage patterns, event data recorder (black box) downloads, phone records, and medical records linking the crash to your injuries.

Understanding the Problem

You want to know what proof convinces a North Carolina insurer or court that the other driver caused your injuries in a car crash. Here, the other driver pulled in front of you near a school right after drop-off, the insurer disputes fault despite a police report, and you now face mounting medical bills and a fast-approaching deadline.

Apply the Law

North Carolina negligence law requires proof by a preponderance of the evidence that the other driver breached a duty of reasonable care and proximately caused your injuries and losses. Breach can be shown with violations of the rules of the road (for example, turning or pulling out when it is not safe or failing to yield the right-of-way). Courts look to objective sources: what people saw, what cameras recorded, what the physical evidence shows, and how medical records connect the crash to the injuries. Lawsuits are filed in the county where the crash happened or where the defendant lives; cases over $25,000 typically go to Superior Court. The general deadline to file a personal-injury claim from a crash is three years from the date of injury.

Key Requirements

• Duty: Every driver must use reasonable care and follow the rules of the road.
• Breach: Show unsafe movement, failure to yield, or similar rule violations (e.g., pulling out when it was not safe).
• Causation: Link the driver’s breach to the crash and your injuries (no unrelated gaps).
• Damages: Document medical treatment, lost time, and other losses with records and bills.
• Burden of proof: More likely than not (preponderance of the evidence).
• Forum and amount: Claims over $25,000 are typically filed in Superior Court; smaller claims in District Court.
• Deadline: Generally three years from the crash to file suit.

What the Statutes Say

• North Carolina Gen. Stat. § 20-154 (Signals; safe movement before turning) - No turn or movement unless it can be made safely and with proper signal.
• North Carolina Gen. Stat. § 20-155 (Right-of-way; left turns) - A driver turning left must yield to oncoming traffic that is an immediate hazard.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - General three-year statute of limitations for personal injury claims.
• North Carolina Gen. Stat. § 7A-243 (Superior Court jurisdiction) - Superior Court has original jurisdiction when the amount in controversy exceeds $25,000.

Analysis

Apply the Rule to the Facts: If the other driver pulled in front of you after school drop-off, evidence that they moved when it wasn’t safe and failed to yield can establish breach under North Carolina law. Your police report helps identify witnesses and observations, but additional proof—such as school or traffic camera footage, crossing guard or parent witness statements, vehicle damage geometry, and medical records tying your surgery to the crash—will strengthen causation and damages. Collecting this now is critical because your filing deadline is near.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in the county of the crash or defendant’s residence (Superior Court if the claim is over $25,000; District Court if $25,000 or less). What: Civil Complaint for negligence and Summons (AOC-CV-100). When: File before the three-year statute of limitations expires.
2. Immediately send preservation letters to the school, city, and the at-fault driver/insurer asking them to retain any video, 911 audio, bodycam, traffic-cam data, and vehicle event data recorder (EDR) information. Public-records requests can help you obtain police video and 911 recordings; subpoenas are available once suit is filed.
3. Serve the defendant under North Carolina Rule 4, conduct discovery (written requests, depositions, subpoenas for video/phone/EDR data), and obtain the medical proof needed to link the crash to your injuries. The case proceeds to mediation or trial if not resolved.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, recovery can be barred in North Carolina. Evidence that you had the right-of-way and were driving prudently helps counter this defense.
• Relying only on the police report: Crash reports often are not admissible on fault; secure witnesses, video, and officer testimony.
• Video and data overwrite: School, traffic, and store cameras and vehicle EDRs may auto-delete quickly—send preservation requests immediately.
• Recorded statements: Be cautious with insurer interviews; offhand remarks can be used to argue contributory negligence.
• Medical causation gaps: Keep consistent treatment and obtain medical opinions that tie surgery and limitations to the crash.

Talk to a Personal Injury Attorney

If you're dealing with a disputed-fault crash and need to preserve video and other proof before time runs out, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.