How can I prove the driver was at fault when I was hit as a pedestrian? – North Carolina

Short Answer

In North Carolina, proving a driver was at fault in a pedestrian crash usually comes down to showing (1) what the driver was required to do under the traffic rules, (2) what actually happened, and (3) how that failure caused the injuries. Helpful proof often includes the crash report, witness statements, scene photos/video, and medical records that match the mechanics of the impact. Because North Carolina uses contributory negligence, the evidence also needs to address common arguments that the pedestrian caused or contributed to the collision.

Understanding the Problem

In North Carolina, after a pedestrian is hit by a vehicle and taken for emergency care, the key question is often: can the pedestrian show the driver failed to follow a safety rule (like yielding or keeping a proper lookout) and that this failure caused the injuries. The decision point is whether the available evidence can establish the driver’s fault clearly enough to support an insurance claim or lawsuit, especially when the driver argues the pedestrian stepped into traffic or crossed outside a crosswalk.

Apply the Law

North Carolina pedestrian cases are typically built on negligence. That means proving the driver owed a duty to use reasonable care, breached that duty, and caused injury. In many pedestrian crashes, the “duty” and “breach” parts are supported by traffic statutes about yielding to pedestrians and exercising due care to avoid a collision. Separately, North Carolina’s contributory negligence rule can bar recovery if the pedestrian is found even slightly at fault, so the proof often must also address where the pedestrian was walking/crossing and whether the pedestrian followed the rules that apply to pedestrians.

Key Requirements

Duty and breach (what rule was broken): Show the driver failed to yield when required, failed to keep a proper lookout, drove too fast for conditions, or otherwise failed to use reasonable care.
Causation (how the breach caused the impact): Connect the driver’s conduct to the collision using objective facts like point of impact, skid marks, vehicle damage, and timing of signals.
Damages (proof of injury and losses): Use ER records, imaging, therapy notes, and work restrictions to show the injuries and how they affect daily life and ability to work.

What the Statutes Say

N.C. Gen. Stat. § 20-173 (Pedestrians’ right-of-way at crosswalks) – Requires drivers to yield to pedestrians in marked crosswalks and many unmarked crosswalks at intersections when signals are not in place or operating, and restricts passing a vehicle stopped for a pedestrian.
N.C. Gen. Stat. § 20-155(c) (Right-of-way; pedestrians at crosswalks) – Requires drivers in business or residence districts to yield to pedestrians crossing within a clearly marked crosswalk or certain regular pedestrian crossings, with stated exceptions.
N.C. Gen. Stat. § 20-174 (Crossing outside crosswalks; walking along highway; driver due care) – Sets pedestrian duties when crossing outside crosswalks and includes a driver’s duty to exercise due care to avoid colliding with pedestrians.
N.C. Gen. Stat. § 20-172 (Pedestrians subject to traffic-control signals) – Explains how “WALK/DON’T WALK” and other traffic signals control pedestrian crossing rights and duties.
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, the strongest fault proof usually starts with the police response and ER transport, then builds outward: the crash report, scene documentation, and medical records can help show how and where the impact occurred and whether the driver failed to yield or failed to use due care. Because the injuries include knee/neck/back issues and brain-related evaluation, the medical timeline (ER visit, imaging, therapy, work restrictions) can also help show the collision caused real harm. The defense often focuses on whether the pedestrian crossed outside a crosswalk or entered the roadway unexpectedly, so evidence about the crossing location, signals, lighting, and sightlines matters.

Process & Timing

Who gathers/requests records: The injured pedestrian (or attorney). Where: the responding law enforcement agency for the crash report; EMS provider for ambulance records; the hospital and treating providers for medical records; and nearby businesses or homeowners for video. What: the crash report, any supplemental diagrams/photos, 911/dispatch records if available, EMS run sheet, ER records, imaging reports, and physical therapy records. When: as soon as possible, because video footage is often overwritten quickly and witnesses become harder to find.
Build the liability file: Collect scene photos (crosswalk markings, signage, signal heads, lighting, lane layout), vehicle photos (damage location/height), and any witness contact information. If there is potential phone distraction, request preservation of evidence early through counsel.
Present the claim: Submit the evidence package to the driver’s auto insurer (and any other applicable coverage) with a clear explanation of the traffic rule violated, how the collision happened, and the medical timeline tying the injuries to the impact.

Exceptions & Pitfalls

Contributory negligence arguments: Insurers often argue the pedestrian crossed outside a crosswalk, crossed against a signal, walked in the roadway when a sidewalk was available, or failed to keep a lookout. Evidence should directly address the crossing point, signal phase, and whether the driver still had time and distance to avoid the collision.
Overreliance on the ticket (or lack of one): A driver can be at fault even if no citation was issued. The more reliable proof is objective: video, measurements, damage patterns, and consistent witness accounts. Related reading: police didn’t ticket the other driver.
Gaps in medical documentation: Delays in treatment or incomplete symptom reporting can be used to argue the injuries came from something else. Keeping a consistent treatment timeline (ER, follow-ups, therapy) and reporting symptoms accurately helps connect the crash to the injuries.

Conclusion

In North Carolina, proving a driver was at fault in a pedestrian crash usually requires evidence showing the driver violated a safety duty (often a yielding or due-care rule), that the violation caused the collision, and that the collision caused the documented injuries. Because contributory negligence can become a major defense, the proof should also clearly establish where and how the pedestrian was crossing or walking. A practical next step is to request the crash report and preserve any nearby video footage immediately.

Talk to a Wrongful Death Attorney

If you’re dealing with a pedestrian crash and the driver is disputing fault, our firm has experienced attorneys who can help you understand your options and timelines. 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.