Short Answer

In North Carolina, you prove speeding and fault by showing the other driver violated speed laws and that the excess speed caused the crash. Strong evidence includes video (dashcam or traffic cameras), event data recorder “black box” downloads, skid or yaw marks and damage patterns, eyewitness accounts, and the other driver’s statements. A police report alone rarely decides fault, and North Carolina’s contributory negligence rule means you must also defeat any claim that you were even slightly at fault.

Understanding the Problem

You want to know how to prove the other driver was speeding so you can hold them responsible for a North Carolina car crash. The focus is on what evidence will show speeding and link it to the collision. Here, you were turning left when you were hit, and the report lists shared fault. The decision point is whether admissible proof of speeding can establish the other driver’s negligence and overcome a shared-fault claim under North Carolina law.

Apply the Law

Under North Carolina law, drivers must travel at a lawful and reasonable speed for conditions. Exceeding posted limits or driving too fast for conditions can be negligence if it causes a crash. To recover, you must prove the other driver’s negligence and causation, and also avoid the bar of contributory negligence. Car crash cases are brought in civil court (through the Clerk of Superior Court), and the general deadline for personal injury claims is three years from the crash.

Key Requirements

• Duty to follow speed laws: Every driver must obey posted limits and adjust speed for traffic, weather, and visibility.
• Breach (speeding or too fast for conditions): Show the driver exceeded the limit or drove unreasonably fast given the conditions.
• Causation: Connect the unsafe speed to how and why the collision occurred (e.g., reduced stopping distance, loss of control).
• Damages: Prove injuries and vehicle damage flowed from the crash.
• Contributory negligence defense: If you were even slightly at fault, recovery can be barred unless a narrow doctrine (like last clear chance) applies.
• Admissible proof: Use evidence that can be admitted in court; some documents (like the crash report) have limits on use.

What the Statutes Say

• North Carolina Gen. Stat. § 20-141 (Speed restrictions) - Sets posted limits and requires reasonable speed for conditions.
• North Carolina Gen. Stat. § 20-155 (Right-of-way when turning left) - A left-turning driver must yield to oncoming traffic that is close enough to be a hazard.
• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Crash reports are generally not admissible as evidence to prove fault at trial.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most negligence-based personal injury claims must be filed within three years.

Analysis

Apply the Rule to the Facts: You were turning left, and the report lists shared fault. To prove the other driver was speeding and caused the crash, focus on admissible proof like video, roadway marks, vehicle data, and witnesses to show unsafe speed and that it eliminated your safe turn window. The contributory negligence concern is real, but evidence that the oncoming driver’s speed created an immediate hazard or that they had the last clear chance to avoid the impact can defeat or narrow that defense. The secondary impact from a third vehicle does not erase the first driver’s liability if their speeding set the chain in motion.

Process & Timing

1. Who files: The injured driver (or their attorney). Where: Start with an insurance claim; if unresolved, file a civil complaint and summons with the Clerk of Superior Court in the county of the crash or the defendant’s residence. What: Civil summons and complaint alleging negligence; serve the defendant under North Carolina Rules of Civil Procedure. When: File suit within three years of the crash; send preservation letters for video and vehicle data as soon as possible.
2. Evidence gathering: Request 911 audio, CAD logs, bodycam, and traffic camera footage; secure dashcam video; obtain roadway photos and measurements; seek event data recorder downloads (often require owner consent or a court order); identify and contact witnesses. Timeframes vary by agency and county.
3. Resolution path: The insurer evaluates fault and damages; if liability stays disputed, proceed through discovery (document requests, depositions, accident reconstruction analysis) toward mediation or trial. The court issues a judgment or the parties reach a settlement.

Exceptions & Pitfalls

• Police report limits: The crash report itself is generally not admissible to prove fault; plan to use officer testimony or independent evidence.
• Contributory negligence: Even minor fault on your part can bar recovery; focus on proof that the other driver’s speed was the proximate cause or that they had the last clear chance to avoid the collision.
• Multi-impact complexity: Separate the damage and timing from the first and second impacts; apportionment matters for causation.
• Evidence disappears: Camera footage and vehicle data can be overwritten quickly; send written preservation requests immediately.
• Recorded statements: Be cautious with insurer interviews; inconsistent statements can undermine liability and causation.

Talk to a Personal Injury Attorney

If you’re dealing with a left‑turn crash and disputed fault under North Carolina’s contributory negligence rule, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.