Short Answer
Yes. You may ask the investigating agency to correct factual errors or add information, but an officer is not required to change an opinion simply because you disagree with it. More importantly, a North Carolina police report does not by itself make a final legal decision about fault. You can challenge the report’s conclusion with photographs, video, witness accounts, vehicle damage evidence, and other reliable information.
What Does “Equal Fault” in a Police Report Mean?
A North Carolina crash report may identify contributing circumstances for each driver, describe what the officer believes happened, or include a diagram and narrative. Although people sometimes describe these entries as an “equal fault” finding, the report may not actually assign a binding percentage of legal responsibility.
The investigating officer usually arrives after the collision. The officer may rely on driver statements, witness accounts, vehicle positions, road markings, and visible damage. If vehicles were moved, a witness left, video was not available, or one driver could not provide a complete statement, the report may present an incomplete picture.
Under N.C. Gen. Stat. § 20-166.1, law enforcement investigates reportable crashes and prepares a written report containing information about the crash and its circumstances. The statute also makes law-enforcement crash reports public records and permits their use in court only as allowed by the rules of evidence. That does not mean every statement or opinion in a report will automatically be accepted as proof of legal fault.
How to Request a Correction or Supplemental Report
Start by obtaining the complete DMV-349 crash report and reviewing every page. Check the narrative, diagram, driver information, witness section, contributing-circumstance codes, listed citations, road conditions, direction of travel, and point of impact.
If you find a specific error, contact the law-enforcement agency that investigated the collision. Depending on the location, that may be a police department, sheriff’s office, or the North Carolina State Highway Patrol. Ask about its procedure for requesting a correction or supplemental report.
A useful written request should include:
- The crash date, location, report number, and investigating officer’s name.
- The exact entry you believe is incorrect or incomplete.
- A short explanation of why it is wrong.
- Supporting material, such as dated photographs, video, witness contact information, or vehicle damage records.
- A request that the officer review the information and consider a corrected or supplemental report.
Focus on verifiable facts rather than simply stating that the officer’s conclusion is unfair. For example, an incorrect direction of travel, vehicle location, witness name, or point of impact may be easier to address than a disagreement over the officer’s opinion.
An officer may file a supplemental report after reviewing new information, but there is no assurance that the original fault-related entry will be changed. Keep a copy of your request, everything submitted with it, and any response from the agency.
You Can Dispute Fault Even If the Report Is Not Changed
Correcting the report and proving a personal injury claim are related but separate issues. An insurance company may consider the police report, but it can also review other evidence and reach its own position. If a lawsuit is filed, legal fault is determined through the civil process rather than solely by the investigating officer.
Evidence that may help challenge an equal-fault conclusion includes:
- Scene photographs showing traffic signals, signs, lane markings, sight lines, debris, or tire marks.
- Photographs of damage to all involved vehicles.
- Dash-camera, doorbell, surveillance, or nearby business video.
- Names and current contact information for independent witnesses.
- Repair estimates, inspection records, and photographs taken before repairs.
- 911 recordings, dispatch information, body-camera footage, or the officer’s field notes when available.
- Messages or statements from the other driver or insurer.
- Medical records and bills documenting injuries associated with the collision.
Video can be overwritten, vehicles can be repaired, and witnesses can become difficult to locate. Preserve available evidence promptly. Do not edit original photographs or recordings; save copies in their original format when possible.
Why Equal Fault Is Especially Important in North Carolina
North Carolina allows contributory negligence as a defense. If the defense proves that an injured person was negligent and that the negligence was a proximate cause of the person’s own injuries or damage, that finding can prevent recovery rather than merely reduce compensation by a percentage. This makes an “equal fault” notation more serious than it might be in a state that divides damages according to percentages of fault.
The notation is not conclusive, however. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving that defense. Evidence should therefore address both what the other driver did wrong and why your own actions were reasonable under the circumstances.
A traffic citation may be relevant, but the presence or absence of a citation does not by itself settle civil responsibility. The full sequence of events—including speed, right of way, lane position, visibility, signals, and each driver’s opportunity to react—may matter.
How This Applies to an Equal-Fault Collision Report
When a report says both drivers contributed to a North Carolina collision, first separate objective mistakes from disputed opinions. Ask the investigating agency to correct inaccurate facts and provide reliable supporting material. At the same time, build an independent evidence file rather than waiting to see whether the officer changes the report.
If an insurer relies on the report to deny an injury claim, request the position in writing and save the letter or email. A concise response may identify the disputed report entries and attach evidence supporting a different account. Avoid guessing, exaggerating, or giving repeated recorded statements without understanding how they may affect the claim.
Do not let the report-review process cause you to miss a legal deadline. N.C. Gen. Stat. § 1-52 provides a three-year filing period for many personal injury and property-damage actions, although a different deadline may apply in some situations. Communications with an officer or insurance adjuster do not automatically extend the time to file a lawsuit.
When Wallace Pierce Law May Be Able to Help
Wallace Pierce Law may be able to review a Durham crash report, identify the entries that affect a personal injury claim, organize supporting evidence, and explain how North Carolina’s contributory-negligence rule may affect the dispute. The firm may also help evaluate whether the issue can be addressed during the insurance-claim process.
Some disputes cannot be resolved by asking an officer or insurer to reconsider. If changing the outcome requires litigation that Wallace Pierce Law does not handle, the firm cannot pursue that proceeding, but an initial review may help clarify the issue and whether you should seek counsel who handles that type of litigation. Representation depends on the facts, deadlines, and scope of the matter.
