Short Answer

In North Carolina, you prove a driver was at fault by showing they failed to use reasonable care and that their driving caused your injuries. The most common proof comes from the crash report, witness statements, video, photos, and medical records that match the timing and mechanics of the impact. Because North Carolina follows contributory negligence, the driver’s insurer may also try to argue you were even slightly at fault—so early evidence preservation matters.

Understanding the Problem

If you were hit while walking in North Carolina and police and EMS responded, you may be asking: how do I show the driver—not me—caused the collision so their insurance should pay? This question usually comes up when the driver claims you “came out of nowhere,” says you crossed outside a crosswalk, or argues it was too dark to see you. In your situation, one key fact is that you went to the ER the same day, which can help connect the impact to your injuries.

Apply the Law

Most pedestrian injury claims are built on negligence: you must show the driver owed a duty to drive safely, breached that duty, and caused your injuries and losses. North Carolina traffic laws also matter because certain pedestrian right-of-way rules can help show the driver failed to yield or failed to use due care. Separately, North Carolina’s contributory negligence rule can bar recovery if the defense proves you were also negligent and that negligence contributed to the crash, so the “fault proof” often includes evidence that you acted reasonably too.

Key Requirements

• Duty of care: Drivers must operate their vehicles with reasonable care and take precautions to avoid hitting pedestrians.
• Breach (what the driver did wrong): Common breaches include failing to yield at a crosswalk, turning without checking for pedestrians, driving too fast for conditions, distracted driving, or failing to keep a proper lookout.
• Causation: You must connect the driver’s breach to the impact and to your injuries (for example, the timing of symptoms, imaging results, and treating provider notes).
• Damages: You must document the harms you suffered (medical care, time out of work, and how the injuries affected daily life).
• Addressing contributory negligence: Be prepared for arguments that you crossed improperly, stepped into traffic, wore dark clothing, or were distracted; your proof should anticipate and answer those points.

What the Statutes Say

• N.C. Gen. Stat. § 20-173 (Pedestrians’ right-of-way at crosswalks) - Requires drivers to yield to pedestrians crossing within marked crosswalks (and certain unmarked crosswalks at intersections) when signals are not operating.
• N.C. Gen. Stat. § 20-174 (Crossing outside crosswalks; driver’s duty of due care) - Sets rules for pedestrians crossing outside crosswalks and also states drivers must exercise due care to avoid colliding with pedestrians.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Because police and EMS responded and you went to the ER the same day, you likely have early documentation that a vehicle-pedestrian collision occurred and that you reported injuries immediately. To prove the driver’s fault, you will focus on evidence showing the driver failed to yield or failed to keep a proper lookout (for example, where you were walking, where the vehicle struck you, and what the driver was doing right before impact). You will also want evidence that you acted reasonably, because the insurer may argue you contributed to the collision.

Process & Timing

1. Who gathers evidence: The injured pedestrian (or their attorney). Where: The investigating law enforcement agency for the crash report; the medical providers for records; and the scene/businesses/residences for video. What: Crash report, 911/dispatch information if available, photos/video, witness contact info, and complete medical records. When: Start immediately—video footage and witness memories can disappear quickly.
2. Build the liability story: Use the report diagram, scene photos, and witness statements to pin down the point of impact, direction of travel, lighting/visibility, and whether the driver was turning, speeding, or failed to yield.
3. Document injuries and losses: Keep a timeline from the ER visit through imaging and physical therapy, and keep work notes and wage documentation to show how the injuries affected your ability to work.

Exceptions & Pitfalls

• Contributory negligence arguments: If the defense can prove you crossed outside a crosswalk when you should not have, stepped into the lane suddenly, or ignored traffic controls, they may argue you are barred from recovery. Your evidence should address where you crossed and whether the driver still had time and distance to avoid the collision.
• Over-relying on the police report: A crash report can help, but it may be incomplete or contain errors. Independent proof (photos, video, witnesses, vehicle damage patterns, and medical timing) often makes the difference.
• Gaps in medical treatment: Long delays between the collision and treatment can give the insurer room to argue your injuries came from something else. If you are treating, follow through with imaging, therapy, and follow-ups as recommended.
• Recorded statements to insurance: Early recorded statements can lock you into details you are not sure about (exact distances, timing, or whether you saw the car). It is usually safer to stick to what you know and confirm details with documents.
• Scene evidence disappears: Skid marks fade, vehicles get repaired, and surveillance gets overwritten. If you can, photograph the area and request preservation of any nearby camera footage right away.

Conclusion

To prove a driver was at fault for hitting you as a pedestrian in North Carolina, you must show the driver failed to use reasonable care (often by failing to yield or failing to keep a proper lookout) and that this caused your injuries. Strong proof usually includes the crash report, witness statements, video or photos, and same-day medical records tying the impact to your injuries. Your next step is to request and preserve key evidence—especially any video—immediately, before it is deleted.

Talk to a Personal Injury Attorney

If you're dealing with a pedestrian crash and the driver or insurance company is disputing fault, 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.