Short Answer

Show that the other driver changed lanes when it was not safe and that their movement caused the impact. In North Carolina, a driver must stay in their lane, signal, and not move over until the lane change can be made safely. Evidence like dashcam video, witness statements, damage location, and the crash report help establish fault. Be mindful that North Carolina’s contributory negligence rule can bar recovery if you were also negligent.

Understanding the Problem

You want to prove the other driver is at fault in North Carolina after a highway crash where they attempted a lane change and hit you from behind. You are seeking to hold them responsible so you can pursue an injury claim. This turns on whether that driver made a safe lane change and whether their actions—not yours—caused the collision. You are in the right place to understand the rules, the proof you need, and the next steps.

Apply the Law

North Carolina negligence law asks whether the other driver violated a safety duty and whether that violation caused your injuries. A driver may be liable if they fail to keep a proper lookout, do not signal, follow too closely, or move from their lane without first ensuring it is safe. Violating a traffic safety statute can be powerful evidence of negligence if it proximately causes the crash. Claims are usually pursued first with the at-fault driver’s insurer; if not resolved, suit is filed in the county where the crash occurred or where the defendant resides, through the Clerk of Superior Court. North Carolina generally allows three years to file a negligence lawsuit; specific citations vary by claim.

Key Requirements

• Duty to make a safe lane change: Do not leave your lane until you first confirm it is safe.
• Signal and yield: Use your turn signal and avoid cutting off or sideswiping traffic already in the destination lane.
• Keep a safe distance and speed: Maintain a reasonable following distance and speed for conditions.
• Causation and proof: Link the unsafe lane change to the impact using physical damage, location of debris, video, and witnesses.
• Contributory negligence defense: If you were also negligent and that contributed to the crash, recovery can be barred unless a narrow doctrine like last clear chance applies.

What the Statutes Say

• North Carolina Gen. Stat. § 20-146 (Driving in lanes) - Stay in your lane; do not move lanes until it can be done safely.
• North Carolina Gen. Stat. § 20-154 (Signals on turning and stopping) - Give an appropriate signal and ensure the movement can be made in safety.
• North Carolina Gen. Stat. § 20-152 (Following too closely) - Do not follow more closely than is reasonable and prudent.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien) - The State may have a lien on injury settlements to recover paid medical benefits.

Analysis

Apply the Rule to the Facts: The other driver attempted a lane change and struck you from behind. If they moved into your lane without first confirming it was safe or failed to signal, that supports breach of their safety duties. Damage to the front corner of their vehicle and the rear-side of yours, lane-position markings, and witness accounts can show their lane change caused the crash. Your urgent care visit and ongoing limp help prove injury and damages linked to the impact.

Process & Timing

1. Who files: The injured driver. Where: Start a bodily injury claim with the at-fault driver’s insurer; if not resolved, file a lawsuit with the Clerk of Superior Court in the county of the crash or defendant’s residence. What: Complaint and Civil Summons (AOC-CV-100) from the North Carolina Judicial Branch. When: Generally within three years of the crash; act sooner to preserve evidence.
2. Gather and preserve proof: request the crash report, save dashcam/phone photos, identify witnesses, request 911 audio and any nearby traffic or business video (retention windows are often short). Seek follow-up medical care and keep records.
3. If suit is filed: serve the defendant, exchange discovery, and pursue settlement or trial. A judgment or settlement resolves liability and damages; Medicaid or other liens must be addressed before funds are disbursed.

Exceptions & Pitfalls

• Contributory negligence: If you were also negligent (for example, speeding or not keeping a lookout) and that contributed to the crash, recovery can be barred; evidence showing the other driver’s unsafe lane change caused the impact is critical.
• “Rear-end means you’re at fault” myth: Being hit from behind is not automatically your fault when the other driver cuts into your lane unsafely. Use physical evidence and witnesses to show sequence and lane positions.
• Evidence loss: Video and 911 recordings can be deleted quickly. Send prompt preservation requests to insurers and, when appropriate, to agencies or businesses.
• Recorded statements: Giving a broad recorded statement to the other driver’s insurer can be used against you. Stick to facts and consider counsel before detailed statements.
• Medical gaps and liens: Gaps in treatment weaken causation. Medicaid payments may create a statutory lien that must be resolved from any settlement.

Talk to a Personal Injury Attorney

If you’re dealing with a lane-change rear-impact crash and need to prove fault while managing medical care and insurance, 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.