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For example, if you were driving slightly over the speed limit and another driver ran a red light and hit you, but the defense can show your speeding contributed to the collision, you may not recover—even though the other driver was mostly at fault.

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Because of this harsh standard, determining fault with precision is essential. Your attorney will need to show the other driver bore the full legal responsibility—or handle arguments the defence raises about your contributory fault.

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2. Gathering Evidence After the Crash

In the wake of a crash, documentation and timely preservation of evidence are critical—especially in North Carolina where any hint of your fault may kill the claim."} 64:{"position":5,"content":"

Key evidence to collect:

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Police/accident report: Provides an official record of the crash and may show citations or determinations of fault.
Photos/videos of the scene: vehicle damage, skid marks, road conditions (wet, gravel, debris), lighting, signage, visibility.
Witness statements: Onlookers, other drivers, passengers—especially helpful in rural settings where fewer cameras may exist.Data from vehicle systems: Black box/EDR (event data recorder), dash-cam footage, phone video, location/time stamps.Medical records & treatment logs: To document injuries immediately

Vehicle accidents in the Tar Heel state: the role of fault, evidence & insurance in NC PI claims

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