Short Answer

In North Carolina, you prove the rear driver was at fault by showing they failed to keep a safe following distance, didn’t maintain a proper lookout, or didn’t control their speed. Use evidence that you were lawfully preparing to turn (signal on, slowing in your lane) and that the pickup struck your rear. Helpful proof includes crash scene photos, vehicle damage, witness statements, 911/police records, and onboard vehicle data. Because North Carolina uses contributory negligence, make sure your turn signal and brake lights worked and you didn’t stop unpredictably.

Understanding the Problem

You’re asking how, under North Carolina personal injury law, you can show the other driver is responsible after being rear-ended while you were preparing to turn. The key decision point is whether the trailing driver failed to follow at a safe distance and pay attention, versus whether you did anything to create a sudden hazard. One salient fact here: there is a police report documenting the crash.

Apply the Law

North Carolina negligence law requires proof that the other driver owed you a duty to drive reasonably, breached that duty (for example, by following too closely), and that breach caused your injuries and vehicle damage. Rear-end crashes often turn on whether the trailing driver kept a safe distance and reacted to your turn or slowdown. The main forum is an insurance claim, and if unresolved, a civil lawsuit in the county where the defendant resides. A key deadline: most personal injury lawsuits must be filed within three years of the crash.

Key Requirements

• Duty: Every driver must keep a reasonable lookout, control speed, and leave enough space to stop safely.
• Breach: Evidence the pickup followed too closely, was distracted, or ignored your turn signal shows a breach.
• Causation: The breach must be what led to the rear impact and your injuries.
• Damages: Medical records, photos, and repair estimates document your physical and property losses.
• Contributory negligence risk: If you failed to signal, had no working brake lights, or stopped unpredictably, your claim can be barred unless a limited doctrine like last clear chance applies.

What the Statutes Say

• North Carolina Gen. Stat. § 20-152 (Following too closely) - Drivers must not follow another vehicle more closely than is prudent and reasonable.
• North Carolina Gen. Stat. § 20-154 (Signals for turning and stopping) - Drivers must signal before turning or stopping when other traffic may be affected.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Personal injury and property damage claims generally must be filed within three years.

Analysis

Apply the Rule to the Facts: You were preparing for a turn and were hit from behind, with significant rear damage and a police report. Those facts tend to show the pickup breached its duty by following too closely or not keeping a proper lookout, and that breach caused the crash. Your same-day hospital visit supports injury causation. Make sure your evidence also shows you were signaling and slowing lawfully so the insurer cannot argue contributory negligence.

Process & Timing

1. Who files: Injured driver. Where: Start with a claim to the at-fault driver’s insurer; if needed, file a lawsuit with the Clerk of Superior Court in the defendant’s county. What: Gather the police crash report, scene photos, vehicle repair photos, medical records, and witness info; send preservation letters for dashcam and event data recorder (EDR) data. When: Do this within days to a few weeks; lawsuits must be filed within three years of the crash.
2. Investigation: Expect the insurer to review the report, photos, statements, and medical records over several weeks. Provide clear proof you signaled and slowed for a turn, and that your brake lights worked.
3. If no settlement: File a Complaint and Civil Summons in Superior or District Court (depending on claim size) before the three-year deadline. After service, the case moves into discovery where liability evidence is exchanged.

Exceptions & Pitfalls

• Contributory negligence: The insurer may argue you failed to signal, stopped unpredictably, turned from the wrong lane, or had nonworking brake lights. Solid evidence of proper signaling and functioning lights helps.
• “Sudden stop” defense: A claim that you stopped abruptly can be countered with turn-signal timing, brake-light photos, and witness statements.
• Evidence loss: EDR data and surveillance video can be overwritten or lost if you don’t send prompt preservation requests.
• Police report limits: Helpful for claims, but parts may not be admissible at trial; support it with photos, measurements, and witness contacts.
• Medical gaps: Delays or gaps in care weaken causation arguments; keep consistent records even if you did not miss work.

Talk to a Personal Injury Attorney

If you were rear-ended while preparing to turn and need to prove fault, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 for a free consultation.

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.