Car accidents are stressful enough without the added pressure of proving fault. Yet, in North Carolina, doing so isn’t just important—it’s often the determining factor in whether or not you can recover compensation. Because North Carolina follows a strict contributory negligence rule, you need to show that the other driver was 100% at fault for your crash. That means solid evidence, accurate documentation, and sometimes expert assistance. In this blog, we’ll walk through the key tools and tactics you can use to help prove the other driver was at fault and protect your claim from being denied.
The Role of Police Reports, Photos, and Witness Statements
One of the most critical steps after an accident is gathering and preserving evidence from the scene. Some of this information is created by first responders, while other details may depend on your own quick thinking.
- Police Reports: When officers respond to a crash, they usually complete an official accident report that includes important facts like the time, location, weather conditions, and apparent violations of traffic laws. In many cases, the officer’s impressions or citations issued at the scene can support your version of events and point to the other driver’s fault
- Photographs: Taking photos at the crash site can provide clear visual evidence. You should try to capture vehicle positions, damage to all vehicles involved, tire skid marks, debris on the road, traffic signals or signs, weather and lighting conditions, and any visible injuries you or others sustained
- Witness Statements: Neutral third-party accounts of what happened can make a huge difference, especially if there’s a dispute. Get names and contact info from anyone who saw the crash. Witnesses may confirm who ran a red light, failed to yield, or was driving erratically
These early pieces of evidence can go a long way toward building a strong case against the other driver.
Contributory Negligence in NC and How It Complicates Fault
North Carolina is one of the few states that still follows the harsh legal standard of contributory negligence. Under this rule, if you’re found even 1% at fault for the accident, you may be completely barred from recovering any compensation. That means if the other driver ran a red light but you were speeding, a court could rule that you contributed to the crash—and your case could be thrown out entirely.
Because of this, it’s not enough to simply show the other driver was mostly at fault. You must present compelling evidence that you had no responsibility for the crash. This makes early investigation and documentation even more important. It also means that if the other driver’s insurance company is trying to shift even a small amount of blame your way, you need to push back hard—and with evidence.
Why Evidence Disappears Fast: Skid Marks, Surveillance Footage
Certain types of evidence can be lost in a matter of hours or days after a crash. That’s why quick action is critical.
- Skid Marks: The presence and length of skid marks can help experts determine how fast the vehicles were going and whether the drivers tried to brake. But these marks fade quickly due to rain, sun, and traffic
- Debris or Road Conditions: Broken glass, torn bumpers, or fluid spills may indicate point of impact or force of the crash. But road crews and weather can clean these up fast
- Surveillance Footage: Nearby businesses, traffic lights, or residential doorbell cameras may have captured the crash. However, many of these systems overwrite footage every 24 to 72 hours
- Dash Cam Footage: If any driver had a dash cam, footage could be crucial—but it may be deleted or lost if not saved immediately
If you’re unable to collect this information yourself, an attorney can act quickly to send letters requesting preservation of video or to secure accident scene investigations before the evidence disappears.
Using Accident Reconstruction or Expert Testimony
In more complex cases—or when fault is contested—experts can provide valuable analysis that goes beyond what can be seen in photos or police reports.
- Accident Reconstruction Specialists: These professionals study crash scenes, vehicle damage, skid marks, and vehicle speeds to create a model of what happened. They can simulate the crash using software, interpret black box data, and offer conclusions about who was responsible
- Medical Experts: Your treating doctors or hired experts may provide insights into how your injuries were caused and whether the crash impact supports your version of events
- Engineering or Mechanical Experts: These specialists might identify whether a vehicle defect (such as brake failure or tire blowout) contributed to the crash and who may be liable
Expert testimony can be a powerful way to make your case to an insurance adjuster, a judge, or a jury—especially when the other side is disputing your version of the events.
When to Involve an Attorney for Investigation
If your crash involved serious injuries, multiple vehicles, or the other driver is denying fault, it’s wise to speak with an attorney as early as possible. Here’s what a personal injury lawyer can do to strengthen your claim:
- Conduct Investigations: Attorneys have resources to gather evidence you may not be able to access, such as nearby surveillance footage, phone records, or professional crash investigators
- Request and Analyze Records: Your attorney can obtain the police report, emergency responder notes, and medical records, and ensure all relevant information is included
- Challenge False Narratives: If the other driver or their insurance company tries to blame you, your attorney can respond with counter-evidence, expert opinions, and legal arguments
- Handle Insurance Negotiations: A lawyer can deal with insurance adjusters on your behalf, negotiate for fair compensation, and push back if your claim is being undervalued or denied
- Prepare for Trial: If your case doesn’t settle, an attorney can prepare your case for court and advocate aggressively for your best outcome
Because of North Carolina’s strict legal standards, a skilled lawyer can often be the deciding factor between a denied claim and full compensation.
Protect Your Rights with Harman Law
Car accident cases are rarely as simple as they seem—and in North Carolina, proving that the other driver was at fault is essential if you hope to receive any compensation at all. From gathering evidence and securing surveillance footage to bringing in expert witnesses and fighting back against insurance companies, Harman Law is here to guide you every step of the way.
Contact Harman Law today for a free consultation and let us help you build a strong, evidence-backed case to hold the at-fault driver accountable.