Understanding the Problem

If you were in an intersection crash in North Carolina and you have a police report and EMS responded at the scene, you are likely asking: “Can I use those records to show the other driver caused the wreck so their insurance should pay?”

Apply the Law

North Carolina car accident cases are usually based on negligence. In plain English, you must show the other driver failed to use reasonable care (often by breaking a traffic safety rule), that failure caused the crash, and the crash caused your injuries and losses. The main forum is typically an insurance claim first; if the claim does not resolve, the dispute can be filed in a North Carolina court.

Two evidence points matter in your question. First, North Carolina law requires law enforcement to investigate certain “reportable” crashes and prepare a written crash report, which is a key starting document for identifying drivers, witnesses, and the officer’s observations. Second, EMS records can help prove timing, symptoms, and how you presented immediately after the collision, which supports injury causation.

Key Requirements

• Duty and breach (what rule was broken): You need facts showing the other driver did something unsafe (for example, failed to yield, ran a light, or turned left when it was not safe).
• Causation (why that breach caused the crash): The evidence should connect the unsafe driving to the impact (point of impact, vehicle positions, skid marks, debris field, or consistent witness accounts).
• Injury causation (why the crash caused your medical issues): EMS notes, urgent care records, and follow-up treatment help show your knee pain started after the crash and persisted.
• Damages (what you lost): Medical bills, out-of-pocket costs, and documentation of missed work help establish the value of the claim.
• Contributory negligence defense (a major North Carolina issue): If the other side can prove you were even slightly negligent and that contributed to the crash, it can bar recovery in many cases. The defendant has the burden to prove contributory negligence as a defense.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) - Requires reporting/investigation for certain crashes and addresses how crash reports are prepared and handled.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Puts the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-279.11 (Certain accident report information not evidence) - Limits using certain financial responsibility/accident report information as evidence of negligence in a civil trial.

Analysis

Apply the Rule to the Facts: Because this was an intersection crash and you have a police report plus EMS response, you already have two time-stamped sources that can help establish what happened and how you felt right after impact. The police report can help identify the other driver, locate witnesses, and document the officer’s observations about the scene. EMS and urgent care records can help show your knee symptoms were reported close in time to the collision, which supports the link between the crash and your ongoing pain.

Process & Timing

1. Who gathers the proof: You (or your attorney). Where: The investigating law enforcement agency and the North Carolina Division of Motor Vehicles (for the crash report), plus the EMS provider and medical facilities (for medical records). What: The crash report, any supplemental report, photos/video, witness contact information, EMS run sheet, and urgent care records. When: As soon as possible while memories are fresh and before video footage is deleted.
2. Build a “fault packet” for the insurer: Submit the crash report, scene photos, vehicle damage photos, and a short written timeline. Include EMS/urgent care records to show immediate complaints and consistent symptoms.
3. Handle disputes about fault: If the insurer argues you contributed to the crash, respond with specific evidence (signal phase timing if available, point of impact, witness statements, and inconsistencies in the other driver’s story). If the claim still does not resolve, the next step may be filing a lawsuit in the appropriate North Carolina court.

Exceptions & Pitfalls

• Police report limits: A crash report is helpful, but it is not the same as a court finding. Some parts may be disputed, and some information in or connected to accident reporting cannot be used as evidence of negligence in a civil trial.
• EMS response does not automatically prove injury severity: EMS records help with timing and symptoms, but insurers may still argue the injury is “minor” or unrelated. Consistent follow-up care and clear documentation matter.
• Contributory negligence risk: North Carolina’s contributory negligence rule can make fault disputes outcome-determinative. Seemingly small issues (speed, distraction, lane position, right-of-way assumptions) can become major defenses.
• Gaps in treatment: Long delays between the crash and medical visits can make causation harder to prove. If symptoms continue, document them and follow medical advice.
• Soft-tissue injury skepticism: Knee pain with normal x-rays can still be real, but you may need clear clinical notes, functional limitations, and consistent reporting to support the claim.

Conclusion

In North Carolina, you prove the other driver was at fault by showing they drove unsafely, that their conduct caused the collision, and that the collision caused your injuries and losses. A police report helps establish the who/what/where of the crash, and EMS records help show your symptoms started right away, but you still need a complete evidence picture. Your next step is to request the official crash report and your EMS records promptly and preserve any photos, video, and witness information while it is still available.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina intersection crash where fault is disputed and you want to use a police report and EMS records the right way, an experienced personal injury attorney can help you organize the evidence, respond to contributory negligence arguments, and track deadlines. Call CONTACT NUMBER to discuss your options.

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.