Evidence You Need After a North Carolina Traffic-Signal or Exit Collision
Detailed Answer
To win a personal-injury claim in North Carolina you must prove that the other driver owed you a duty, breached that duty, and caused your damages. Below are the most persuasive forms of evidence for crashes that occur at stoplights, flashing signals, or highway exits.
1. Official Records
- Crash Report (Form DMV-349) – Completed by the investigating officer and usually admissible to show the who, what, when, and where of the wreck. It often cites the specific traffic laws the officer believes were violated, such as N.C. Gen. Stat. § 20-158 (obedience to traffic-control devices) or § 20-155 (right of way).
- Citation or Guilty Plea – A conviction for running a red light, following too closely (§ 20-152), or speeding (§ 20-141) can serve as powerful proof of breach.
2. Visual Evidence
- Intersection Cameras – Many municipalities archive footage for 7–30 days. A preservation letter sent quickly can keep the video from being overwritten.
- Dashcam and Cell-phone Videos – Time-stamped recordings that show the signal phase (red, yellow, green) at the moment of impact are invaluable.
- Photographs of Skid Marks, Debris, and Vehicle Damage – Accident-reconstruction engineers use these images to calculate speed and angle of impact.
3. Data Evidence
- Event Data Recorder (EDR) – Most late-model vehicles capture speed, throttle position, and brake usage in the 5 seconds before impact. Downloading the module requires prompt action before the car is repaired or salvaged.
- Signal Timing Sheets – The North Carolina Department of Transportation retains timing charts that show how long each light stays red, yellow, or green. These records help establish whether the other driver could have safely stopped.
- Cell-Phone Usage Logs – Subpoenaed records can reveal texting or streaming activity seconds before the crash, supporting a claim of distracted driving.
4. Human Testimony
- Eyewitness Statements – Independent witnesses carry weight because they have no financial stake in the outcome.
- Expert Reconstructionist – An engineer can analyze the physical evidence and testify that the other driver’s actions were unsafe under § 20-154 (unsafe movement) or other statutes.
- Treating Physicians – Doctors link the collision forces to your injuries, satisfying the causation element.
5. Admissibility and Contributory Negligence
North Carolina follows the strict pure contributory negligence rule. If the at-fault driver proves you were even 1% to blame, you recover nothing. Solid evidence must therefore not only show the other driver’s fault but also rebut any claim that you ran a yellow light, braked suddenly, or failed to keep a proper lookout.
Helpful Hints
- Call 911 even for minor damage—the officer’s report locks in early facts.
- Take wide-angle and close-up photos of the entire intersection, including overhead signal heads and pavement markings.
- Ask nearby businesses whether their security cameras captured the crash.
- Request medical evaluation within 24 hours; gaps in treatment invite insurance challenges.
- Do not give a recorded statement to the other driver’s insurer before you speak with counsel.
- Send a certified preservation letter to the city, NCDOT, and any commercial vehicle owner to stop evidence from being destroyed.
- Keep all repair invoices; parts replaced can demonstrate the force of impact.
Bottom line: Winning a North Carolina traffic-signal or exit collision case demands prompt, thorough evidence collection. The sooner you involve an attorney, the less chance critical proof disappears.
Ready for Help?
If you were hurt at a traffic light or exit, you do not have to navigate North Carolina’s strict negligence laws alone. Our team has guided many crash victims through evidence preservation, negotiations, and trial. Call 919-313-2737 now for a free consultation.