Short Answer

In North Carolina, you can prove fault without a traffic ticket by showing it is more likely than not that the other driver violated a traffic rule or drove unreasonably and caused your injuries. Evidence like photos, vehicle damage, witness statements, intersection rules, and your medical records can establish fault. A police citation is not required. Move quickly to preserve video and vehicle data that can disappear.

Understanding the Problem

You want to know whether you can still prove the other driver was at fault in a North Carolina car crash even though no one received a ticket. At a four-way stop, you were rear-ended, treated for back, neck, and shoulder pain, and missed a day of work. The core issue is whether you can build a liability case under North Carolina law without relying on a citation.

Apply the Law

North Carolina fault is decided under ordinary negligence: duty, breach, causation, and damages. You must show the other driver failed to use reasonable care (often by violating an intersection or following rule) and that this failure caused your injuries. The burden of proof is “more likely than not.” Claims are pursued first through insurance and, if needed, in civil court in the county where the crash happened or where the defendant resides. North Carolina also follows contributory negligence, which can bar recovery if the injured person was even slightly at fault, subject to narrow exceptions.

Key Requirements

• Duty and breach: Prove the other driver failed to follow intersection and safe-following rules at the four-way stop.
• Causation: Connect the impact to your injuries through crash mechanics, medical records, and timing of symptoms.
• Damages: Document treatment, medical bills, and lost time from work, even if minimal.
• Evidence foundation: Gather scene photos, vehicle damage, witnesses, 911 audio, available traffic or nearby camera footage, and event data recorder (EDR) downloads.
• Preservation: Send prompt preservation letters to keep video and vehicle data from being deleted or overwritten.
• Contributory negligence check: Be ready to address any claim that you contributed to the crash; even minor fault can matter in North Carolina.

What the Statutes Say

• North Carolina Gen. Stat. § 20-158 (Stop and yield signs) - Requires stopping and yielding at controlled intersections.
• North Carolina Gen. Stat. § 20-155 (Right-of-way at intersections) - Sets who proceeds first and when drivers must yield.
• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Addresses crash reporting and officer reports; a citation is not required to bring a civil claim.
• North Carolina R. Civ. P. 45 (Subpoenas) - Allows subpoenas for records like video or data once a case is filed.

Analysis

Apply the Rule to the Facts: Rear-end impacts at a four-way stop often show a breach of the safe-following and yielding rules, supporting fault against the trailing driver. Your prompt medical visit and prescribed physical therapy help connect the collision to your back, neck, and shoulder symptoms. One missed day of work and medical records document damages. Because North Carolina recognizes contributory negligence, keep clear evidence that you were stopped and following the rules.

Process & Timing

1. Who files: The injured person or their attorney. Where: Start with an insurance claim; if needed, file a lawsuit with the Clerk of Superior Court in the county of the crash or defendant’s residence. What: Insurance claim package (photos, repair estimates, medical records/bills, wage proof); if filing suit, a civil Complaint and Civil Summons (AOC-CV-100). When: North Carolina generally gives three years from the crash to file an injury lawsuit; shorter timelines can apply for government defendants.
2. Evidence preservation: Within days or weeks, send preservation letters for dashcam/business video, 911 audio, and vehicle EDR; request the official crash report; gather witness names and statements.
3. Evaluation and resolution: After treatment stabilizes, submit a demand to the insurer with liability proof and damages; if not resolved, proceed to discovery (including subpoenas for video/data) and trial in District or Superior Court depending on the amount claimed.

Exceptions & Pitfalls

• Contributory negligence: If the insurance company claims you rolled the stop, failed to signal, or had nonworking brake lights, it may argue you share fault; gather evidence showing you were properly stopped and visible.
• Evidence loss: Surveillance and dashcam footage can auto-delete within days; send preservation requests immediately.
• Overreliance on the police report: Fault opinions in reports may not be admissible; build independent evidence (photos, measurements, witnesses, EDR).
• Medical gaps: Delays or missed follow-ups can weaken causation; keep appointments and document symptoms.
• Recorded statements: Be cautious with insurer interviews; keep statements consistent and factual.

Talk to a Personal Injury Attorney

If you were rear-ended at a four-way stop and no citation was issued, our firm can help you gather evidence, preserve video and vehicle data, and navigate North Carolina’s contributory negligence rules. Reach out today at (919) 341-7055 to discuss your options and timelines.

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.