What Must Be Shown Under North Carolina Law
Most car accident injury claims in Durham and across North Carolina are based on negligence. In plain English, you generally need to show the other driver failed to use reasonable care and that failure caused your injuries and losses.
Key Requirements
- Duty: Drivers must follow traffic laws and drive with reasonable care.
- Breach: The other driver did something unsafe (for example, an improper lane change or failure to keep a proper lookout).
- Causation: The unsafe driving caused the crash and caused (or worsened) your injuries.
- Damages: You had losses such as medical bills, missed work, pain and suffering, and other crash-related impacts.
Evidence That Commonly Helps
- Documents: The crash report, photos of vehicle damage and the scene, tow/repair paperwork, and any written communications about the crash.
- People: Witnesses listed on the report (and any witnesses you identify later). A useful witness statement usually explains what the person actually saw and when.
- Data: Video (traffic cameras or nearby business cameras if available), and the timing of symptoms and treatment records (high-level).
How the Police Report Helps (and Its Limits)
- It organizes the basics: Names/vehicles involved, date/time/location, roadway conditions, and a diagram or narrative.
- It can point to fault evidence: The officer may note a lane change, failure to yield, or other contributing circumstances, and may list any citations issued.
- It identifies witnesses: This is often one of the most practical uses of the report early on.
- It documents what was said at the scene: That can help later if stories change.
- Limits: Officers are often working quickly and may rely on what drivers and witnesses tell them. Reports can be incomplete, contain mistakes, or miss important details. Treat it as a starting point, not the whole case.
How to Use the Report Number (Practical Steps)
- Give the report number to the adjuster: When you open the claim, provide the report number so the insurer can pull the correct crash report without confusion.
- Request a copy of the report: In North Carolina, law enforcement crash reports are generally public records and are forwarded to the DMV. You can usually request a copy through the DMV or the investigating agency using the report number to locate it.
- Review key sections carefully: Look for the listed vehicles/drivers, the narrative/diagram, contributing circumstances, witness list, and any citations.
- Document possible errors: If something is wrong (like the lane of travel, point of impact, or witness info), write down what you believe is incorrect and what supports your correction (photos, texts, witness contact info). Corrections are not always simple, but clear documentation helps.
- Use it to build your evidence file: Use the report as a checklist for what to gather next (photos, witness statements, repair documents, and medical documentation).
Common Defenses & Pitfalls
- Contributory negligence (North Carolina): North Carolina is a contributory negligence state. That means if the insurer argues you contributed to the crash (even a little), it may try to deny the injury claim. This makes careful, consistent documentation especially important.
- “No injury” noted at the scene: It is common for people to feel “okay” right after a crash and notice symptoms later. Still, insurers often use a same-day “no injury” note to question whether the crash caused the problem. Your medical records and a clear timeline matter.
- Over-relying on the report: If the report is missing details (or is unfavorable), other evidence—photos, witnesses, and medical documentation—may still support your claim.
- Inconsistent statements: Be careful describing the crash and symptoms. Small inconsistencies can be used to challenge credibility.
How This Applies
Apply to your facts: A report number already exists, so you can use it to help the insurer locate the crash report and to request your own copy for review. Because the crash involved a lane merge into your lane and driver’s-side damage, the report’s diagram, contributing circumstances, and any listed witnesses may be especially important for proving how the impact happened. Since you initially reported no injuries but later developed neck and back pain, the timeline in the report (and your follow-up documentation) can matter when the insurer evaluates whether the crash caused your symptoms.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) – requires investigation and written reporting for reportable crashes and explains public access to law enforcement crash reports.
- N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) – places the burden on the party asserting contributory negligence as a defense.
Conclusion
In a Durham car accident claim, the police report can help you prove the basics, locate witnesses, and frame the early fault investigation, and the report number is the quickest way to pull the correct file. But the report is not the final word on what happened, and mistakes or missing details are common. Your best next step is to get a copy of the report using the report number and compare it to your photos, damage evidence, and a clear timeline of symptoms.
