Short Answer

In North Carolina, proving fault in a T-bone crash while you were exiting onto a highway usually comes down to (1) who had the right-of-way at the merge/entrance point and (2) what objective evidence shows each driver’s position, speed, and timing. Start with the police report, scene photos, vehicle damage patterns, and any independent witnesses or video. Because North Carolina follows strict contributory negligence rules, you also need evidence showing you used reasonable care while entering the highway and did not create an immediate hazard.

Understanding the Problem

If you were T-boned on the passenger side while exiting onto a highway in North Carolina and a police report was made, the key question is: can you show the other driver failed to yield or otherwise drove unreasonably at the point where your exit/entrance movement met their lane of travel?

Apply the Law

In a North Carolina injury claim, “fault” generally means negligence: the other driver failed to use reasonable care, and that failure caused the crash and your injuries. In an exit/entrance-to-highway T-bone scenario, the most common legal focus is right-of-way at the merge or intersection point and whether either driver failed to yield when required. North Carolina also applies contributory negligence, which can bar recovery if the defense proves you were even slightly negligent and that negligence contributed to the crash.

Key Requirements

• Duty and right-of-way rules: Identify which driver had the legal right to proceed at the merge/entrance point (often controlled by a yield sign or the roadway design).
• Breach (what the other driver did wrong): Show the other driver failed to yield, entered/changed lanes unsafely, or drove without reasonable care for conditions.
• Causation: Connect that driving mistake to the impact (for a T-bone, the angles of impact and final rest positions often matter).
• Damages: Document injuries and losses (medical records, work restrictions, time missed).
• Defense risk (contributory negligence): Be prepared for arguments that you entered too fast, failed to yield, or moved into a lane that was not clear.

What the Statutes Say

• N.C. Gen. Stat. § 20-158.1 (Yield right-of-way signs) - Explains the duty to slow and yield when a yield sign controls entry onto a main-traveled or through highway, and notes that failure to yield is not automatically negligence per se but is evidence the fact-finder can consider.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-166.1 (Accident reports and investigations) - Requires law enforcement investigation and a written crash report for reportable crashes and addresses how reports may be used depending on who made them and the rules of evidence.
• N.C. Gen. Stat. § 20-279.11 (Certain accident report information not evidence of negligence) - Limits using financial responsibility/insurance-related portions of accident reports as evidence of negligence or due care in a civil trial.

Analysis

Apply the Rule to the Facts: You report that you were T-boned on the passenger side while exiting onto a highway and that law enforcement made a report. A passenger-side T-bone often supports an argument that the striking driver entered your path or failed to yield at the point where your vehicle was already established in (or lawfully entering) the travel lane. To prove fault, you will want evidence that clarifies the roadway control (for example, whether a yield sign governed one driver), the timing of each vehicle’s entry into the conflict area, and whether you were using reasonable care while merging.

Process & Timing

1. Who gathers the proof: The injured driver (and usually their insurer/attorney). Where: The investigating law enforcement agency and the North Carolina Division of Motor Vehicles for the crash report; medical providers for records. What: Request the officer’s crash report and any supplemental diagrams/photos; collect your photos, dashcam footage (if any), and contact information for witnesses. When: As soon as possible while memories are fresh and before video systems overwrite recordings.
2. Build the liability file: Preserve vehicle damage photos (all sides), the roadway layout (signs, lane markings, ramp geometry), and any nearby camera sources (traffic cameras, nearby businesses, or vehicle cameras). Ask witnesses for written statements describing what they saw (who entered first, whether someone sped up, whether a turn signal was used).
3. Connect liability to injuries: Keep the clinic records from the same day, follow-up notes, work restrictions, and documentation of missed work. This helps show the crash caused the lower-back sprain and related losses.

Exceptions & Pitfalls

• Contributory negligence arguments: The other side may claim you failed to yield while entering the highway, merged without enough space, or misjudged speed/distance. In North Carolina, even small contributing fault can be a major problem, so objective evidence (video, independent witnesses, clear scene photos) matters.
• Overreliance on “who got the ticket” or the report narrative: A citation can help, but it is not the whole case. Also, parts of crash reports (especially insurance/financial responsibility information) are restricted from being used to prove negligence in court.
• Missing the roadway-control detail: Whether there was a yield sign, lane-drop, or marked merge point can change the right-of-way analysis. Photograph signs and lane markings before they change due to construction or maintenance.
• Not documenting the point of impact: For a T-bone, the location and angle of damage (and debris field) can support or undermine your version of who entered whose path.
• Gaps in medical documentation: You went to a clinic the same day, which helps. Skipping follow-up care despite ongoing symptoms can give the insurer room to argue the injury was minor or unrelated.

Conclusion

To prove the other driver was at fault in a North Carolina T-bone crash while you were exiting onto the highway, you need evidence showing the right-of-way at the merge/entrance point and that the other driver failed to yield or otherwise drove unreasonably, causing the impact and your injuries. Because contributory negligence can bar recovery, you also need proof you used reasonable care while entering the highway. Next step: request the investigating officer’s crash report and preserve any available video immediately.

Talk to a Personal Injury Attorney

If you're dealing with a highway on-ramp or exit T-bone crash and the other driver is disputing fault, our firm has experienced attorneys who can help you understand what evidence matters, how contributory negligence can affect the claim, and what timelines to prioritize. Reach out today. Call [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.