Short Answer
In North Carolina, fault in this situation usually turns on right-of-way and lookout: a driver entering a street from a parking garage or driveway generally must yield to vehicles approaching on the street. But the street driver may also be negligent if they were speeding, not keeping a proper lookout, or otherwise failed to use reasonable care. Because North Carolina follows contributory negligence rules, an injured person generally cannot recover if their own negligence was a proximate cause of the injury, subject to limited exceptions.
What Must Be Shown Under North Carolina Law
Most crash cases are evaluated under negligence rules. That means the question is whether one driver failed to use reasonable care, and whether that failure caused the collision and damages.
Key Requirements
- Duty: Each driver must follow the rules of the road and use reasonable care (including keeping a proper lookout).
- Breach: A driver breaches that duty by doing something unsafe, like pulling into traffic when it is not clear, turning left across traffic without yielding as required, or failing to keep a proper lookout.
- Causation: The unsafe act must be a real cause of the crash (not just a technical mistake that didn’t matter).
- Damages: There must be measurable losses (vehicle damage and/or injuries). Injury damages can include medical bills, lost income, and pain and suffering when supported by evidence.
How Right-of-Way Usually Works When Exiting a Parking Garage
A parking garage exit is typically treated like entering a roadway from a building entrance, driveway, or private entrance. Under North Carolina law, the driver who is about to enter or cross the street from such an entrance generally must yield to all vehicles approaching on the street. See N.C. Gen. Stat. § 20-156(a).
This yield requirement applies whether the driver turns right or left out of the garage. N.C. Gen. Stat. § 20-155(b), by contrast, governs a driver turning left within an intersection or into an alley, private road, or driveway; it does not state the rule for a driver exiting a parking garage onto the street.
That said, “fault” is not decided by one rule alone. Adjusters, lawyers, and (if needed) a jury look at the full picture: who could see whom, who had time to react, speeds, lane position, and whether either driver failed to act reasonably.
Evidence That Commonly Helps
- Documents: Photos of both vehicles, photos showing the garage exit and sight lines, and any written exchange of information. A police report can help when it exists, but it is not required to evaluate fault.
- People: Independent witnesses who saw the moment of impact and can describe traffic flow and signals/signs.
- Data: Any available video (garage cameras, nearby cameras, dashcam) and basic timing details (time of day, lighting, weather).
Common Defenses & Pitfalls (Important in NC)
- Contributory negligence: North Carolina generally bars recovery in an injury claim if the injured person was negligent and that negligence was a proximate cause of the injury. The defendant bears the burden of proving this defense. That makes issues such as inching out too far, misjudging speed, or not seeing what should have been seen especially significant.
- “You should have seen me” arguments: These cases often turn into visibility and timing disputes (blind corners, parked cars, pillars, lighting, and how far each vehicle had moved).
- Missing early documentation: Without a police report, photos and witness info matter more. Delays can also mean video gets overwritten.
- Inconsistent statements: Casual comments like “I didn’t see them” can be taken out of context and used to argue lack of lookout.
How This Applies
Apply to your facts: Because the crash happened while turning out of a parking garage onto a two-way street, the key question is usually whether the garage-exiting driver yielded to approaching traffic before entering the roadway and exercised reasonable care before proceeding. Since there was no police report and the vehicle damage is not yet documented with an estimate, photos of the damage and the garage exit area (including sight lines) can become the main way to evaluate how the impact happened and who had the better opportunity to avoid it.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 20-156(a) – A driver about to enter or cross a highway from an alley, building entrance, private road, or driveway must yield to all vehicles approaching on the highway.
Conclusion
Fault in a “parking garage exit to two-way street” crash usually comes down to who had the right-of-way and whether each driver kept a proper lookout and acted reasonably. In North Carolina, contributory negligence can make these details especially important in an injury claim. A practical next step is to preserve evidence now—photos of the scene and damage, witness contact info, and any available video—so the facts don’t get lost.
