Short Answer

In North Carolina, you usually prove the other driver was at fault by showing they failed to use reasonable care and that their driving caused the crash and your injuries. “They slid” is not automatically a defense—drivers still must adjust speed, following distance, and maneuvers for road and weather conditions. The most persuasive proof typically comes from the police report, photos/video, witness statements, vehicle damage patterns, and consistent medical records tying your back pain to the collision.

Understanding the Problem

If you were a passenger in North Carolina and another driver slid into your vehicle in an intersection after your spouse proceeded through it, you are asking how to show that the other driver (not your spouse) caused the crash. This question matters because fault controls whether an insurance company pays fairly and, if needed, whether a court will hold the other driver responsible. A police report exists, which can be an important starting point for proving what happened.

Apply the Law

North Carolina car-crash cases are usually based on negligence. That means you must prove (1) the other driver owed a duty to drive safely and follow the rules of the road, (2) the other driver breached that duty, (3) the breach caused the collision, and (4) you suffered damages (injury-related losses). Intersections often turn on right-of-way rules (stop signs, traffic signals, yield signs, or the general “vehicle on the right” rule). Even when a driver claims they “slid,” the key legal question is whether they drove reasonably for the conditions and still maintained proper control.

Also, North Carolina follows contributory negligence rules in many injury cases. For a passenger, that usually matters less than it does for a driver, but the defense may still look for any conduct they can argue contributed to the injury or crash. By statute, the defendant has the burden of proving contributory negligence when they raise it as a defense.

Key Requirements

• Duty (safe driving at intersections): The other driver had to follow intersection controls (stop/yield/signals) and drive with reasonable care for traffic and conditions.
• Breach (what they did wrong): Common breaches include failing to yield, entering on red, following too closely, driving too fast for conditions, or losing control due to poor speed/spacing decisions.
• Causation (why the slide matters): You must connect the breach to the impact—i.e., the collision happened because the other driver did not yield/control the vehicle, not because of an unavoidable event.
• Damages (injury proof): You must show the crash caused harm (for example, back pain documented by ER and follow-up care) and resulted in compensable losses.
• Credible evidence: Consistent, objective proof (photos, measurements, witnesses, video, medical records) is usually more persuasive than opinions or assumptions.
• Contributory negligence defense awareness: The defense may argue someone else caused the crash or that another person’s actions contributed; they must prove that defense if they assert it.

What the Statutes Say

• N.C. Gen. Stat. § 20-158 (Stop signs and traffic signals) - Sets rules for stopping and yielding at stop signs and for obeying traffic signals at intersections.
• N.C. Gen. Stat. § 20-155 (Right-of-way) - Provides general right-of-way rules at intersections, including yielding when vehicles approach at approximately the same time.
• N.C. Gen. Stat. § 20-166.1 (Crash reports; officer investigation) - Requires law enforcement investigation and reporting for reportable crashes and addresses how certain reports may be used as evidence under the rules of evidence.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Here, you were a passenger, and another driver hit your vehicle after your spouse proceeded through an intersection. To prove the other driver was at fault, you focus on what the intersection control required (stop/yield/signal) and whether the other driver failed to yield or failed to maintain control for conditions, leading to the impact. The police report can help identify the intersection control, the officer’s observations, and the listed contributing circumstances, and your medical records (ER visit, follow-up doctor, pain clinic, and imaging) help prove damages and connect your back pain to the crash.

Process & Timing

1. Who gathers proof: The injured passenger (and often their attorney). Where: From the investigating law enforcement agency/DMV for the crash report, the intersection location for photos/video, and medical providers for records. What: The crash report, photos of the scene and vehicle damage, witness contact info/statements, any available traffic camera or nearby business video, and complete medical records and bills. When: As soon as possible—video footage and witness memories can disappear quickly.
2. Build the fault story: Use the intersection rule (stop/yield/signal/right-of-way) plus physical evidence (damage location, debris field, skid marks if documented, final rest positions) to show the other driver entered when it was unsafe or failed to control their vehicle for conditions.
3. Present to insurance (and prepare for court if needed): Submit a clear demand package that includes liability proof and injury documentation. If liability is disputed, the next step may be filing a civil lawsuit in the appropriate North Carolina trial court and using discovery (sworn testimony, document requests) to lock in the other driver’s version and obtain additional evidence.

Exceptions & Pitfalls

• “Sliding” is not automatically an excuse: The other driver may argue weather, ice, or sudden conditions. Your response is usually to focus on whether they adjusted speed and spacing and whether they entered the intersection when it was safe.
• Intersection control confusion: Fault often turns on whether there was a stop sign, yield sign, or signal for one approach. Get photos of the signage/signals and confirm the diagram in the crash report matches the actual layout.
• Overreliance on the police report: The report is important, but insurers may dispute it. Strengthen your case with independent proof (photos, video, witnesses, damage patterns, and consistent medical documentation).
• Inconsistent injury timeline: Gaps in treatment or changing descriptions of symptoms can be used to argue the back pain was not caused by the crash. Keep your history consistent and follow medical advice.
• Recorded statements: Early recorded statements can lock you into wording that later gets used against you (for example, “we were fine” or “it wasn’t that bad”). If you give a statement, keep it factual and avoid guessing speeds, distances, or blame.
• Contributory negligence arguments (usually aimed at drivers): The defense may try to shift blame to your spouse’s driving. As a passenger, your claim often stands independently, but the liability dispute can still affect how the case is handled and negotiated.
• Seat belt issues: North Carolina generally restricts using seat belt nonuse as evidence in civil cases, so insurers should not treat it as an automatic liability or damages reducer in court.

Conclusion

To prove the other driver was at fault for sliding into your car at a North Carolina intersection, you need evidence that they failed to drive reasonably and follow the intersection right-of-way rules, and that this failure caused the collision and your injuries. The strongest cases combine the crash report with photos/video, witness statements, and damage patterns, plus medical records that consistently document your back pain after the wreck. Your next step is to request the official crash report and start preserving scene and video evidence immediately.

Talk to a Personal Injury Attorney

If you're dealing with an intersection crash where the other driver claims they “slid,” our firm has experienced attorneys who can help you understand what evidence matters, how to preserve it, and how North Carolina’s fault rules can affect your claim. Reach out today. Call [CONTACT NUMBER].

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.