How to Prove Liability After a Red-Light Collision in North Carolina

Detailed Answer

1. Start With the Legal Standard

North Carolina drivers must obey traffic signals under N.C. Gen. Stat. § 20-158. Failing to stop at a steady red light is unlawful. When a driver violates this statute and causes a crash, the violation is negligence per se—automatic proof of the duty and breach elements of negligence. You still need to connect the violation to your injuries (causation and damages) and overcome North Carolina’s strict contributory-negligence rule, which bars recovery if you were even 1 % at fault.

2. Gather Evidence Immediately

• Crash Report (DMV-349) – Request the officer’s report as soon as it is filed. An officer who saw a red-light violation will usually cite the at-fault driver on the report, a powerful liability tool.
• Traffic-Signal Video – Many intersections in Raleigh, Durham, and other cities use red-light cameras. Write a preservation letter to the city or vendor within days; footage is often deleted after 30 days.
• Nearby Surveillance or Dash Cam Footage – Corner stores, gas stations, or your own dash cam may capture the signal and impact. Subpoenas or early requests can secure this evidence.
• Eyewitness Statements – Independent witnesses carry weight with insurers and juries. Get names and phone numbers before everyone leaves the scene.
• Physical Scene Evidence – Skid marks ending in the intersection, debris location, and final vehicle positions help a reconstructionist confirm the impact sequence.
• Event Data Recorder (EDR) Downloads – Most 2013-newer cars record speed, brake, and throttle data seconds before impact. An accident-reconstruction professional can download this data to prove the other driver never braked.
• At-Fault Driver’s Admission – Statements such as “I thought it was yellow” are admissible as party admissions.

3. Show Causation and Damages

Link the red-light violation to your injuries with medical records, photographs of vehicle damage, and testimony from treating doctors. Keep bills and proof of lost wages to document damages fully.

4. Defeat Contributory Negligence

North Carolina follows a pure contributory-negligence rule. If the insurer argues you were speeding or distracted, your claim could fail. Cell-phone records, your own EDR download, and expert testimony can prove you entered the intersection on green and at a safe speed.

5. Understand the Three-Year Deadline

You have three years from the collision date to file suit for personal injuries under N.C. Gen. Stat. § 1-52. Miss the deadline and the court will dismiss your case.

6. How an Attorney Adds Value

• Issues preservation letters and subpoenas before key evidence is erased.
• Works with accident-reconstruction engineers to create clear visuals for negotiations or trial.
• Negotiates medical liens to put more settlement funds in your pocket.
• Files suit promptly if the insurer disputes liability or contributory negligence.

Helpful Hints

1. Call 911 from the scene and request an officer; a formal citation strengthens your claim.
2. Snap photos of the traffic light, surrounding businesses, and weather conditions.
3. Politely ask witnesses to record a short video statement on your phone before they leave.
4. Seek medical care within 24 hours—even for mild pain—to avoid insurer arguments that you were not hurt.
5. Do not post crash details on social media; insurers monitor public profiles.
6. Notify your own insurer; failure to cooperate can jeopardize underinsured-motorist coverage.

Bottom Line

Proving another driver’s liability for running a red light requires fast action, solid evidence, and careful handling of North Carolina’s contributory-negligence pitfalls. A well-supported claim can turn an initial denial into full compensation for medical bills, lost wages, pain, and future care.

Unsure where to begin? Our personal-injury team has years of experience holding negligent drivers accountable. Call us today at 919-313-2737 for a free, no-obligation case review.

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