Short Answer

In North Carolina, you can still prove the other driver was at fault even if a concussion left you with gaps in memory. Fault is usually proven through other evidence—like the law-enforcement crash report, photos/video, vehicle damage patterns, witness statements, and your EMS and hospital records—rather than your memory alone. The key is to preserve evidence early and build a timeline that shows what the other driver did wrong and how that caused your injuries.

Understanding the Problem

If you were hurt in a North Carolina car wreck and EMS took you to the emergency room for a concussion, you may be asking how you can prove the other driver caused the crash when you cannot remember every detail. This question matters because insurance companies often treat memory gaps as “uncertainty,” even when the medical reason for the memory gap is the injury itself. The goal is to show, using reliable outside evidence, what happened and why the other driver’s choices caused your injuries.

Apply the Law

To recover for injuries from a motor-vehicle crash in North Carolina, you generally must prove negligence: the other driver had a legal duty to drive reasonably, breached that duty, and caused your injuries and losses. Your own testimony can help, but it is not required to remember every moment. North Carolina also follows contributory negligence rules, meaning the other side may try to argue you were also negligent; the defendant has the burden to prove that defense.

Key Requirements

• Duty to drive safely: Drivers must use reasonable care and follow the rules of the road.
• Breach (what the other driver did wrong): You must show a specific unsafe act or rule violation (for example, failing to yield or following too closely).
• Causation: The breach must be a real cause of the crash and your injuries.
• Damages: You must show actual harm, such as medical treatment, time missed from work, and physical limitations.
• Contributory negligence defense: The other driver may argue you contributed to the crash; they must prove that defense.
• Deadline to file suit: Most personal injury lawsuits must be filed within three years, so evidence collection should start well before that clock runs out.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 20-166.1 (Accident reports and investigations) - Requires law enforcement investigation and a written crash report for reportable crashes; addresses how certain reports may be used as evidence.
• 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. § 20-279.11 (Certain accident-report information not evidence of negligence) - Limits using financial responsibility information from crash reports as evidence of negligence or due care.

Analysis

Apply the Rule to the Facts: Here, the concussion and emergency transport help explain why you do not remember everything, but they do not prevent you from proving fault. You can still prove breach and causation by collecting objective evidence (scene evidence, vehicle damage, witnesses, and the investigating officer’s documentation) and then tying that evidence to your medical records showing concussion and fractures. Your orthopedic follow-up and work restrictions also help document damages and how the crash affected your daily function and ability to work.

Process & Timing

1. Who requests records: You (or your attorney). Where: the law enforcement agency that investigated the crash and the North Carolina DMV (for the official crash report), plus EMS and medical providers. What: the crash report, any supplemental reports, 911/dispatch logs if available, EMS run sheet, ER records, imaging, and orthopedic records. When: as soon as possible, because some evidence (like video) can be overwritten quickly.
2. Build proof of breach: Identify the most likely rule-of-the-road failure based on the report diagram, point of impact, debris field, and witness accounts. If the other driver received a citation, that can be a lead to investigate further (even if the citation alone does not automatically prove civil liability).
3. Connect the crash to the injuries: Use the timeline from EMS to the ER to follow-up care to show the injuries started right after the collision and required ongoing treatment. Keep a simple log of symptoms and functional limits (for example, headaches, dizziness, memory issues, and arm limitations) to support the medical records.

Exceptions & Pitfalls

• Memory gaps can be used against you if the file is thin: If you do not preserve outside evidence early (photos, witnesses, video), the insurer may argue there is “not enough proof” of breach or causation.
• Contributory negligence arguments: The defense may try to shift blame to you (speed, lookout, lane position). Even though they must prove contributory negligence, you should assume they will look for it and gather evidence that addresses it.
• Overreliance on the crash report: A crash report is important, but it is not the whole case. Some parts may be based on statements from others, and some information (like insurance/financial responsibility details) has limits on how it can be used in court.
• Video disappears fast: Nearby business cameras, dashcams, and traffic cameras may overwrite footage in days or weeks. A quick written preservation request can matter.
• Gaps in medical care: Long delays in follow-up can give the insurer room to argue your symptoms came from something else. If you cannot afford care, document that issue and look for lawful options to keep treatment consistent.
• Work-loss proof problems: If you started a new job, you may have limited pay history. Save offer letters, schedules, messages from the employer, and any written restrictions from medical providers to document the work impact.

Conclusion

In North Carolina, a concussion-related memory gap does not stop you from proving the other driver was at fault. You still must prove negligence—what the other driver did wrong, how it caused the crash, and how the crash caused your injuries—using objective evidence like the crash report, witness statements, photos/video, and EMS and medical records. The most important next step is to start gathering and preserving that evidence promptly so you can still file suit within the three-year deadline.

Talk to a Personal Injury Attorney

If you're dealing with a crash where a concussion makes it hard to remember what happened, an experienced personal injury attorney can help collect the right records, preserve time-sensitive evidence, and present a clear fault story to the insurance company or court. 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.