What kind of evidence should I gather right away to prove the driver was at fault? – North Carolina

Short Answer

In North Carolina, the most helpful “right away” evidence is anything that locks in what happened before memories fade and recordings disappear: the official crash report and investigating agency information, photos/video of the scene, witness identities and statements, and any nearby surveillance or vehicle data that may be overwritten. In a fatal pedestrian crash, early preservation matters because key evidence (camera footage, vehicle event data, phone data) can be lost within days. A wrongful death claim is typically handled through the child’s estate, so organizing documents for the personal representative is also part of protecting the case.

Understanding the Problem

In a North Carolina wrongful death case involving a child struck by a car, the decision point is what evidence should be gathered immediately to help show the driver caused the collision. The focus is on proof of fault (what the driver did or failed to do) and proof that the collision caused the death, while also identifying where the official investigation is being handled and what information must be preserved before it disappears.

Apply the Law

To prove a driver was at fault in North Carolina, the evidence usually needs to show (1) what happened (the mechanics of the crash), (2) what rules or safe-driving duties were violated, and (3) that the violation caused the fatal injuries. In practice, the most persuasive early evidence often comes from the investigating law enforcement agency, independent witnesses, and objective recordings (video, vehicle data). For fatal crashes, the investigating agency’s reports and any supplemental reports become central records to request and preserve.

Key Requirements

Clear identification of the driver, vehicle, and investigating agency: Names, plate number, insurer information if available, and whether the case was handled by a city police department, the county sheriff, or the North Carolina State Highway Patrol.
Objective proof of how the collision occurred: Photos/video, measurements, debris patterns, roadway layout, lighting/weather, and any available surveillance or dashcam footage that shows the moments before impact.
Reliable witness and documentation trail: Witness contact information and early statements, 911 call details, and medical/medical examiner documentation that ties the collision to the death.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) – Requires law enforcement investigation and a written crash report for reportable crashes, and addresses access and use of certain reports.
N.C. Gen. Stat. § 1-22 (Death affecting time to sue in certain cases) – Creates timing rules that can apply when a person entitled to bring an action dies before the limitation period expires; deadlines can be case-specific, so prompt legal review matters.

Analysis

Apply the Rule to the Facts: Here, the key issue is preserving proof of how the driver struck the child and whether the driver violated a safety rule (speeding, distraction, failure to keep a proper lookout, failure to yield, impairment, or similar). Because the child died at the scene, the investigation will likely involve law enforcement documentation, witness accounts, and potentially recordings from nearby businesses or homes. The most time-sensitive items are video footage and vehicle/phone data, which can be overwritten or deleted quickly if not preserved.

Process & Timing

Who gathers first: The family (to the extent possible) and then the estate’s personal representative through counsel. Where: The investigating agency (city police department, county sheriff, or North Carolina State Highway Patrol) and the N.C. Division of Motor Vehicles for the crash report. What: The crash report number, the investigating officer’s name, the agency case number, and any listed witnesses and insurers.
Secure scene evidence quickly: Collect and back up photos/video of the roadway, crosswalks or lack of them, signage, sightlines, skid marks, debris, vehicle resting position, and lighting conditions. If there are nearby cameras (doorbell cameras, traffic cameras, business cameras), identify the exact locations and request preservation immediately.
Lock in third-party records: Write down witness names and contact information and ask for a brief description of what was seen (date/time stamped notes). Preserve all communications and documents received from insurers or law enforcement. Counsel can then send formal preservation letters and pursue records through proper legal channels if needed.

Exceptions & Pitfalls

Relying only on the crash report: The report is important, but it may not capture every witness, every camera, or the full pre-impact timeline. Independent evidence (video, witnesses, measurements) can fill gaps.
Waiting to identify cameras: Doorbell and business systems often overwrite footage on short cycles. A quick canvas of the area for cameras can make a major difference.
Accident reports vs. other statements: Some reports or statements may have limits on how they can be used in court. Keeping track of who made the report (driver vs. officer) and preserving underlying facts (photos, recordings, witness accounts) helps avoid proof problems later.
Unintentional evidence loss: Damaged clothing, shoes, a bicycle/scooter, a child’s personal items, or a phone can matter. Storing items safely and avoiding cleaning/repairing them can help preserve the condition as evidence.
Posting online: Public posts about the crash can create disputes about timing, distances, or fault. Keeping details private while evidence is gathered is usually safer.

Conclusion

In North Carolina, the best immediate evidence to prove a driver was at fault is the evidence that preserves the crash mechanics and the driver’s conduct: the investigating agency’s crash report information, photos/video of the scene, witness identities and early statements, and any surveillance/dashcam footage or electronic data that could be overwritten. The most important next step is to identify the investigating agency and request/preserve recordings and other time-sensitive evidence as soon as possible.

Talk to a Wrongful Death Attorney

If a child was killed after being hit by a car and the question is what evidence can prove the driver was at fault, our firm has experienced attorneys who can help evaluate the investigation, preserve time-sensitive recordings, and explain the next steps through the estate process. Call us today at [919-341-7055].

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.