What Must Be Shown Under North Carolina Law
Most car wreck injury claims in North Carolina are based on negligence. In plain English, that means you generally have to show someone else failed to use reasonable care and that failure caused your injuries and losses.
Key Requirements
- Duty: The other driver (and sometimes other responsible parties) had a duty to act reasonably and follow safety rules.
- Breach: They failed to act reasonably (for example, unsafe driving, failing to yield, or other careless conduct).
- Causation: That failure was a real cause of the crash and your injuries.
- Damages: You had losses such as medical bills, lost income, and pain and suffering.
Does Being the Only Occupant Change “Who Can Make a Claim”?
It mainly changes who the injured claimant is—there is no passenger with a separate injury claim. But it does not end the analysis. The key question becomes: who (if anyone) outside your vehicle caused or contributed to the crash?
- If another driver caused the crash: You may have a claim against that driver (and potentially others depending on the facts).
- If no one else caused it (a true single-vehicle crash): There may be no liability claim against another person unless another legal theory fits (for example, a roadway hazard tied to negligent maintenance, or a vehicle defect). Those cases are fact-specific.
- If you were driving a vehicle owned by someone else: ownership can matter in some situations, but the core issue is still whether a defendant’s negligence caused the wreck.
Evidence That Commonly Helps
- Documents: Crash report (helpful background, but not always the final word), photos of the scene/vehicle, tow and repair paperwork, and any citations (if any).
- People: Independent witnesses who saw what happened before the impact or run-off-road event.
- Data: Video (nearby cameras), phone records (if relevant), and timing of medical care showing when symptoms started.
Common Defenses & Pitfalls (Important in NC)
- Contributory negligence: North Carolina is a contributory negligence state. If the defense proves you were negligent and that negligence contributed to the crash, it can bar recovery. (A defendant asserting contributory negligence has the burden of proof. See N.C. Gen. Stat. § 1-139.)
- “No other cause” arguments: In a one-occupant crash, insurers often focus on whether the driver simply lost control. That makes early documentation and consistent facts important.
- Inconsistent statements: Small differences in how the wreck happened can become a credibility issue.
- Damages proof gaps: Lost wages usually require clear documentation (work status, time missed, and pay information).
How This Applies
Apply to your facts: Because you were the only occupant, the injury claim is primarily your claim (not a passenger’s). The key liability question is whether another driver, a roadway condition tied to negligent maintenance, or another responsible party caused the crash—because if the evidence points to driver error alone, contributory negligence can become a central defense. Since you report ongoing treatment and a lost-wage claim, careful documentation of the crash facts, treatment timeline, and work impact will matter.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 – North Carolina’s general three-year statute of limitations includes personal injury actions (with specific accrual rules in the statute).
Conclusion
Being the only person in the car usually just means there isn’t a passenger claim—your case turns on whether someone else legally caused the crash and whether contributory negligence is raised as a defense. If you can, preserve photos, witness information, and your treatment and wage-loss paperwork. One practical next step is to speak with a licensed North Carolina personal injury attorney to evaluate liability and protect deadlines.
