Short Answer

In North Carolina, a police report can be strong supporting evidence, but it usually is not the only thing that proves fault. To show the other driver caused the crash by running a stop sign, you typically combine the report with other proof like witness statements, photos/video, vehicle damage patterns, and any citations issued. You also need to be ready for the other side to argue you contributed to the crash, because even small mistakes can matter under North Carolina’s contributory negligence rules.

Understanding the Problem

If you were hit in North Carolina after the other driver allegedly ran a stop sign and an officer made a police report, the practical question is: how do you use that report (and other evidence) to show the other driver caused the collision—especially where you were taken by ambulance to the emergency room?

Apply the Law

Fault in a North Carolina stop-sign crash usually comes down to negligence: whether the other driver failed to follow the rules of the road and that failure caused the collision. North Carolina law makes it unlawful to disobey a stop sign and requires a driver to stop and yield the right-of-way as required at a stop-controlled intersection. In a civil injury claim, the police report often helps establish what the officer observed and recorded, but insurers and courts typically look for multiple, consistent pieces of evidence that connect the stop-sign violation to how the crash happened.

Key Requirements

• Proof the stop sign applied and was violated: Evidence the other driver had a stop sign and did not stop and yield as required.
• Causation (the “why it happened” link): Evidence that running the stop sign is what created the conflict in the intersection and led to the impact.
• Reliable supporting evidence: Independent proof that backs up your version of events (witnesses, video, photos, measurements, vehicle damage patterns, scene diagrams).
• Consistency with physical facts: The damage location, debris field, final resting positions, and roadway markings should make sense with a stop-sign violation.
• Addressing contributory negligence arguments: Evidence you were driving reasonably (speed, lookout, lane position) because the defense may argue you contributed to the crash.

What the Statutes Say

• N.C. Gen. Stat. § 20-158 (Vehicle control signs and signals) - Requires drivers to stop for stop signs and yield the right-of-way as described; also notes that a stop-sign violation is not automatically negligence “per se” in a civil case, but the facts can be considered with the other 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. § 20-155 (Right-of-way) - Provides general right-of-way rules that often come up in intersection-crash disputes.

Analysis

Apply the Rule to the Facts: Based on your facts, the key liability issue is whether the other driver failed to stop and yield at the stop sign and whether that failure caused the collision. The police report is a helpful starting point because it may document the intersection control (stop sign), the officer’s diagram, statements collected at the scene, and whether a citation was issued. Because you were transported to the emergency room, your medical records can also help show the crash had real consequences, but medical records do not prove who caused the collision—so you still want strong “how it happened” evidence tied to the stop sign.

Process & Timing

1. Who gathers/requests: The injured person (or their attorney). Where: The law enforcement agency that investigated the crash in North Carolina. What: The crash report and any supplemental materials (diagram, witness list, citations, and any available body-worn camera or dash camera footage if it exists). When: As soon as possible, while witnesses and scene details are still easy to confirm.
2. Build the proof package: Collect photos/video of the intersection and stop sign placement, vehicle damage photos, medical records from the ER visit, and contact information for any witnesses listed in the report. If there were nearby businesses or homes with cameras, request that footage quickly because many systems overwrite video within days.
3. Present the liability theory: Submit the report plus supporting evidence to the insurance adjuster (or, if needed, through a lawsuit) to show: (a) the other driver had the duty to stop and yield, (b) they did not, and (c) that is what caused the crash.

Exceptions & Pitfalls

• Assuming the police report “wins” the case: A report can be persuasive, but insurers may still dispute fault, especially if the officer did not see the crash or if the report is based on conflicting statements.
• Contributory negligence defenses: The other side may argue you were speeding, not keeping a proper lookout, or could have avoided the impact. In North Carolina, these arguments can be case-changing, so preserving evidence that supports your careful driving matters.
• Not following up on witnesses: A witness listed in the report may later become unreachable. Getting a recorded statement early (in your own words, and accurately) can prevent the story from drifting.
• Scene evidence fades: Skid marks, debris patterns, and visibility issues at the intersection can change quickly due to traffic, weather, or road work. Photos taken early can matter.
• Over-focusing on injuries to prove fault: ER records support damages, but liability usually turns on intersection control, right-of-way, and the physical evidence of how the vehicles collided.

Conclusion

In North Carolina, you can prove the other driver was at fault for running a stop sign by using the police report as a foundation and then backing it up with independent evidence that shows the stop-sign violation caused the crash. Focus on proof of the stop sign and failure to yield, physical evidence that matches your account, and witness or video support, while anticipating contributory negligence arguments. Next step: request the full crash report and any supplemental materials from the investigating law enforcement agency as soon as possible.

Talk to a Personal Injury Attorney

If you're dealing with a stop-sign crash where the police report exists but you still need to clearly prove fault, our firm has experienced attorneys who can help you understand what evidence matters, how to preserve it, and how timelines can affect your options. 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.