Short Answer

In North Carolina, the most important early evidence in a fatal pedestrian crash is evidence that locks in what happened before it disappears: scene photos/video, witness identities and statements, nearby surveillance footage, the official crash report information, and any data that may exist in the vehicle (like event data) or on the driver’s phone. You should also take steps to preserve evidence held by third parties (businesses, towing/storage lots, and insurers) because many recordings and records are overwritten quickly. If your child died at the scene, you can still gather and preserve key proof right away even before a civil case is filed.

Understanding the Problem

If your child was hit by a car in North Carolina and died at the scene, you may be asking: what can I collect right now to show the driver caused the crash, before evidence is lost or changed? This question is about practical proof—what information helps establish fault and what you can do immediately to preserve it while law enforcement and insurers begin their own work.

Apply the Law

To prove a driver was at fault in a North Carolina pedestrian fatality case, the evidence usually needs to show (1) what the driver did or failed to do, (2) what the pedestrian was doing and where, and (3) how those actions caused the collision. In pedestrian cases, fault often turns on right-of-way rules (crosswalk vs. not), the driver’s duty to use due care (especially around children), speed/visibility, and whether the driver was distracted or impaired. The main forums that ultimately decide fault are the civil courts (for a wrongful death claim) and, sometimes, the criminal courts (if charges are filed), but the evidence you gather early can matter in both.

Key Requirements

• Document the scene before it changes: Photos/video of the roadway, crosswalk markings, traffic signals/signs, lighting, sight lines, skid marks, debris fields, and any obstructions help reconstruct what happened.
• Identify and lock in witnesses: Names, phone numbers, and a short description of what each person saw (and from where) can be critical when memories fade.
• Preserve third-party recordings quickly: Nearby businesses, homes, and public cameras may have footage, but many systems overwrite in days.
• Capture driver conduct evidence: Evidence of speeding, distraction, impairment, or failure to yield often comes from video, witness statements, vehicle data, and police investigation materials.
• Protect physical evidence and chain of custody: Vehicle damage photos, clothing, personal items, and any preserved evidence should be handled carefully so it remains reliable.
• Track official records and identifiers: The crash report number, investigating agency, and involved vehicle/insurance information help your attorney obtain records and follow up.

What the Statutes Say

• N.C. Gen. Stat. § 20-173 (Pedestrians’ right-of-way at crosswalks) - Requires drivers to yield to pedestrians in marked/unmarked crosswalks when signals are not in place or operating, and addresses passing a stopped vehicle at a crosswalk.
• N.C. Gen. Stat. § 20-174 (Crossing outside crosswalks; walking along highway; driver due care) - Covers pedestrian duties when crossing outside crosswalks and states that drivers must exercise due care to avoid colliding with pedestrians, with special caution when a child is present.
• N.C. Gen. Stat. § 20-155 (Right-of-way) - Includes right-of-way rules that can matter at intersections and crosswalk areas.

Analysis

Apply the Rule to the Facts: Because your child died at the scene, the key is preserving proof of how the driver failed to use due care and whether the driver failed to yield (for example, at or near a crosswalk or intersection). Early evidence should focus on (1) where the collision occurred (crosswalk/intersection vs. mid-block), (2) what the driver could see and when, and (3) what the driver was doing (speed, braking, distraction, impairment). The sooner you secure witness information and video, the easier it is to prove what happened before stories change and recordings disappear.

Process & Timing

1. Who gathers: A family member can start collecting basic information; an attorney can send preservation requests and follow up. Where: At the crash location and by contacting the investigating law enforcement agency in North Carolina. What: Photos/video of the scene; witness contact list; the crash report number and agency; a list of nearby cameras (businesses/homes/intersections). When: Ideally within hours for scene conditions and within 24–72 hours for surveillance video requests because many systems overwrite quickly.
2. Preserve third-party evidence: Promptly request that nearby businesses/homeowners preserve any footage, and identify any vehicle storage/tow location so the vehicle is not repaired, salvaged, or downloaded without documentation. An attorney can send a formal preservation letter to the driver/insurer and other custodians.
3. Obtain official materials: Request the crash report when available and track the investigating agency and report number so your attorney can later request supplemental materials (such as diagrams, measurements, and any available recordings) through the proper channels.

Exceptions & Pitfalls

• Waiting for “the report” before doing anything: Police reports can take time, and they may not capture every camera angle or witness. Early independent preservation often makes a difference.
• Not documenting crosswalk/signal details: Whether a crosswalk was marked, whether signals were operating, and where everyone was positioned can be central to right-of-way and due-care issues under North Carolina law.
• Losing witnesses: People leave, phone numbers change, and memories fade. Get names and contact information immediately if you can do so safely and respectfully.
• Posting online: Public posts can be misunderstood or used against a claim. Keep communications factual and private while evidence is gathered.
• Handling physical items without care: If you have any personal items from the scene, store them safely and avoid altering them; your attorney can advise on preserving reliability.
• Assuming the driver’s insurer will preserve evidence for you: Insurers investigate for their own purposes. If you want evidence preserved, you (or your attorney) should request it directly and quickly.

Conclusion

In North Carolina, proving fault in a fatal pedestrian crash usually depends on fast, practical evidence showing right-of-way and the driver’s lack of due care—especially where a child is involved. Focus immediately on scene documentation, witness identities, and preserving any nearby video before it is overwritten. Your next step is to identify cameras and witnesses and send a written preservation request as soon as possible, ideally within the first few days.

Talk to a Personal Injury Attorney

If you’re dealing with a fatal pedestrian crash and need to preserve proof of what happened, our firm has experienced attorneys who can help you understand your options and timelines and take steps to protect key evidence. Reach out today at [CONTACT NUMBER].

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.