North Carolina Rules of the Road

Mark Farbman and Ms. Jessica talking at desk

How to Better Understand the Police Crash Accident Report Fault Codes (Form DMV-349) by Explaining North Carolina Motor Vehicle Personal Injury: Negligence and Contributory Negligence Law

Under North Carolina’s motor vehicle law, every person is under a duty to use ordinary care to protect himself and herself and others from personal injury and avoid vehicle property damage (N.C.P.I.-MV 102.11; Boykin v. Bissette, 260 N.C. 295, 312 S.E.2d 616 (1963)). Ordinary care means that degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect themselves and others from personal injury and vehicle property damage (N.C.P.I.-MV 102.11; Boykin v. Bissette, 260 N.C. 295, 312 S.E.2d 616 (1963); Pinyan v. Settle, 263 N.C. 578, 582, 139 S.E.2d 863, 866 (1965); Barnes v. Caulbourne, 240 N.C. 721, 725, 83 S.E.2d 898, 901 (1954)). A person’s failure to use ordinary care is negligence (N.C.P.I.-MV 102.11). North Carolina law imposes upon every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and a violation of that duty negligence (Williamson v. Clay, 243 N.C. 337, 90 S.E.2d 727, 731 (1956)). The ordinary care term is used for common law, where the standard of care refers to statutory duty. Essentially the two terms mean the same otherwise and are interchangeably used.

There are two types of North Carolina rules of the road. They are common law and statutory duty of care. Where a North Carolina statute prescribed a standard of care, the statute is absolute and the common law duty of care does not apply (Bigelow v. Johnson, 303 N.C. 126, 277 S.E.2d 347 (1981)). Generally, violation of a motor vehicle statute is negligence per se or in other words negligence in and of itself (N.C.P.I.- Civil 102.12; Aldridge v. Hasty, 240 N.C. 353, 360, 82 S.E.2d 331, 338 (1954); Hinnat v. Holland, 92 N.C. App. 142, 147, 374 S.E.2d 152, 155 (1988)). However, if a safety statute expressly provides to the contrary, the common law duty to exercise ordinary care under the circumstances if there is a violation of that duty negligence (N.C.P.I.- Civil 102.12; Mintz v.  Foster, 35 App. 638, 641-42, 242 S.E.2d 181, 183-84 (1978)).

North Carolina’s safety statutes do not apply to vehicles driven on private property such a residence’s driveway. Therefore, the common law exercise ordinary care does apply to vehicles driven on private property (McCall v. Dixie Cartage and Warehouse, Inc., 272 N.C. 190, 158 S.E.2d 72 (1972).
Under North Carolina law, the driver of a vehicle involved in a reportable accident must immediately, by the quickest means of communication, notify the appropriate law enforcement agency of the accident (N.C.G.S. 20-166.1). A reportable accident is a crash that results in at least (1) a person’s injury or death, (2) property damage of at least $1,000, or (3) property damage to a vehicle seized (N.C.G.S. 20-4.01 (33b) and 20-28.3). The appropriate law enforcement is the police department of that city or town where the accident occurred. If the accident location is not in a city or town, then North Carolina Highway Patrol or that county’s sheriff department is the appropriate law enforcement for the accident (N.C.G.S. 20-166.1). The appropriate law enforcement agency must investigate a reportable accident and must make a written report within 24 hours of the accident.

North Carolina Department of Motor Vehicles (NC DMV) uses and provides to the law enforcement agencys (local police, sheriff department, and North Carolina Highway Patrol) Form DMV-349 for reportable accidents in North Carolina. If the DMV-349 is made by a law enforcement officer, it may be used in any manner as evidence, or for any other purpose, in any trial, civil or criminal, as permitted under North Carolina’s rules of evidence (N.C.G.S. 20-166.1 (i)). An accident report made by a law enforcement officer is admissible as evidence in a trial (Keith v. Polier, 109 N.C.App. 94, 98, 425 S.E.2d 723, 726 (1993)(accident report “sufficiently trustworthly” and admissible under Evidence Rule 803(b)(business records hearsay exception if the accident report is 1. authenticated by the investigating law enforcement officer, 2. prepared at or near the time of the accident, and 3. kept in the course of a regular business activity as prescribed in N.C.G.S. 20-166.1) when based upon information received from drivers involved in collision who registered no objection to conclusions therein upon review at the collision scene (Wentz v. Unifi, Inc., 89 N.C. App. 33, 365 S.E.2d 196, disc. review denied, 322 N.C. 610, 370 S.E. 257 (1988)). Although, a trial judges can grant a pretrial motion in limine to remove certain parts of the accident report by redactions like the names of insurance companies (line M), property damage estimates (line L), contributing circumstances (boxes 14-19) by drivers, injury status of drivers and passengers (box 32), and crash narrative (area 85 on back of DMV -349) (suggested in opinion’s dictum Nunney v. Baucom, 521 S.E.2d 479 (1999)).

There are thirty eight (38) different contributing circumstances that Form-349 can list for a driver’s actions that generally would indicate a specfic violation of a North Carolina traffic law safety statute or common law negligence (NC DMV North Carolina Crash Report Instruction Manual, 2006). Each driver may be cited for up to three (3) contributing circumstances inside the Form-349’s boxes 14-19 that are located stacked as boxes 14-16 and 17-19 on the far right of the Form. Fault boxes 14-16 is for driver that appear on the left side of the Report. Fault boxes 17-19 is for the driver that appears on the right side of the Report.
The thirty eight contributing circumstances are expressed by a code number from 1 to 38 (NC DMV North Carolina Crash Report Instruction Manual, 2006). Code number 0 means that there are no contributing circumstances indicated for that fault box. The explanation of the thirty eight contributing circumstances in order are explained below using the likely cooresponding North Carolina’s safety statute standard of care per se negligence or common law ordinary care negligence breach of duty in the order of the DMV-349’s code number and not in frequency useage by police law enforcement (N.C.P.I.- Civil 102.12).

  1. Disregarded Yield Sign

Fault Code Number 1   According to NCGS 20-158.1, When there is a facing yield sign, it is unlawful for a driver to enter or cross a main traveled or through highway without slowing down and yielding the right of way to any vehicle moving on the main traveled or through way (Yost v. Hall, 233 N.C. 463, 64 S.E.2d 554 (1951)). Violation is not negligence per se. The common law duty to exercise ordinary care under the circumstances is used to determine if there is a violation of yield to traffic duty is negligence.

  1. Disregarded Stop Sign

Fault Code Number 2   According to N.C.G.S. 20-158(b)(1), a driver of any vehicle which faces a stop sign at an intersection to stop and yield the right of way to vehicles operating on the main traveled or through highway. A driver facing a stop sign must stop at the marked stop line, or if there is no line, before entering a marked crosswalk. If no stop line or crosswalk marks, then the driver must stop before entering the intersection at the point nearest the intersection where the driver is able to see approaching traffic (N.C.G.S. 20-158(b)(5); Howard v. Melvin, 262 N.C. 569, 138 S.E.2d 238 (1964)). Violation is not negligence per se. The common law duty to exercise ordinary care under the circumstances is used to determine if there is a violation of stopping for a facing stop sign to traffic duty is negligence.

  1. Disregarded Other Traffic Signs

Fault Code Number 3   Failure for a driver to follow instructions of erected signs from the Department of Transportation or local authorities regarding turns is a violation of N.C.G.S. 20-153. Violation is negligence per se (N.C.P.I. -Civil 209.20).

  1. Disregarded Traffic Signals

Fault Code Number 4   According to N.C.G.S. 20-158.1(b)(2)-(5), the driver has duties approaching a traffic signal. Vehicles facing a steady red light traffic light must stop as long as the signal is emitting a red light (N.C.G.S. 20-158(b)(2). Once the traffic light turns green, the driver may proceed after the driver ascertains that it can be done with safety (N.C.G.S. 20-154(a); Troxler v. Central Motor Lines, 240 N.C. 420, 82 S.E.2d 342 (1954)(move can be done with due care); N.C.P.I. Civil 203.3 (the move of entering intersection if a reasonable and prudent driver would enter the intersection)).   A traffic signal emitting a steady yellow light warns drivers that the related green  light is about to end and a red light is immediately forthcomming (N.C.G.S. 20-158(b)(2)). A traffic light with flashing red light, approaching vehicles must stop and yield the right of way to vehicles in or approaching the intersection (N.C.G.S. 20-158(b)(3)). The vehicle may proceed in accordance with rules governing stop signs. When a driver encounters a flashing yellow light, he or she may proceed through the intersection with caution, yielding the right of way to vehicles in or approaching the intersection (N.C.G.S. 20-158(b)(4)).   A driver approaching a traffic signal is required to stop at the appropriately marked stop line, or if none, before entering a marked crosswalk (N.C.G.S. 20-158(b)(5)). If there is neither a marked stop line or crosswalk, then the driver must stop at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersection street.   Traffic lights other than at intersections provide for the same rules for signals at intersections for a driver facing a traffic signal located somewhere else (N.C.G.S. 20-158 (c)(2)-(4)).

  1. Disregarded Road Markings

Fault Code Number 5   Whenever a street is divided into two or more clearly marked traffic lanes, a vehicle must be driven within demarcated single lane and may not be moved from the lane until the driver ascertains that he can may make such movement with safety (N.C.G.S. 20-1146(d)(1)). A violation of these rules is negligence per se (N.C.P.I. -Civil 204.09).

  1. Exceeding Authorized Speed Limit

Fault Code Number 6   A driver must not exceed the posted authorized speed limit. It is unlawful for a vehicle to exceed thirty-five mph inside municipal corporate limits or fifty-five outside the municipal limits (N.C.G.S. 20-141(b)(2)). Local authorities are permitted, after an engineering and traffic study, to post a lower or higher authorized speed limit. Although, the posted speed limit cannot exceed fifty-five mph. (N.C.G.S. 20-141(e) and (f)). The North Carolina Department of Transportation may alter the thirty-five mph or the fifty-five mph speed limts after an engineering and traffic study to a lower or higher posted speed limit. Although, the posted speed limit can not exceed 70 mph or violate federal law (N.C.G.S. 20-141(d)(1) and -(b)). A violation of these rules is negligence per se (N.C.P.I. -Civil 202.15).

  1. Exceeded Safe Speed For Conditions

Fault Code Number 7 It is unlawful for a person to operate a vehicle on a highway or in a public vehicular area at a speed greater than is reasonable and prudent under the conditions then existing (N.C.G.S. 20-141(a)). The conditions then existing are all the evidence including the physical features at the scene, the hour of the day or night, the weather conditions, traffic, and the width and condition of the roadway. A violation of this rule is negligence per se (N.C.P.I. -Civil 202.10).

  1. Failure To Reduce Speed

Fault Code Number 8   A vehicle that is being operated at a speed less than the maximum speed limit has a duty to decrease the driver’s speed so as to avoid a collision and injury to a person or property with any person, vehicle, or other conveyance entering a highway (N.C.G.S. 20-  141(m)). The key determination is whether a reasonable and prudent person under the same or similar circumstances would have decreased their speed (N.C.P.I. Civil 202.20a).

  1. Improper Turn

Fault Code Number 9   A right turn must be made as close as practicable to the right curb or edge of the roadway (N.C.G.S. 20-153). A violation of this rule is negligence per se. (Tarrant v. Pepsi Cola Bottling, 221 N.C. 390, 20 S.E.2d. 565 (1942)).   A light turn must be made to the left of center of the intersection so that approaching vehicles making left turns would not go around each other (N.C.G.S. 20-153). The turning vehicle must approach the intersection in the left most lane, where one is available. This requirement does not require the driver to travel on the left side of the lane (Gay v. Walter, 58 N.C. App. 813, 294 S.E.2d 769 (1982)). A violation of this rule is negligence per se.   Duty for drivers intending to make a turn to see that the movement can be done safetly, but not absolutely free from danger (N.C.G.S. 20-154; Sass v. Thomas, 90 N.C. App. 719, 370 S.E.2d 73 (1988)). The safety standard is the degree of care which a reasonably prudent person would exercise under all circumstances (Cooley v. Baker, 231 N.C. 533, 58 S.E.2d 115 (1950); N.C.P.I. -Civil 206.10). Also, a turn may require that a driver provide for stop traffic in the intersection (Ratliff v. Duke Power Co., 268 N.C. 605, 151 S.E.2d 641 (1966)).    A driver of vehicle intending to make a left turn within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard (N.C.G.S. 20-155(b)). A violation of this rule is negligence per se.   Duty for drivers must follow instructions to comply with traffic control devices  like erected signs and other instructions regarding turns (N.C.G.S. 20-153). A violation of this rule is negligence per se.

  1. Right Turn On Red

Fault Code Number 10   In absence of a sign forbidding such movement, a driver facing a traffic signal emitting a red light may, after bringing his vehicle to a complete stop, make a right turn (20-158(b)(2).

  1. Crossed Centerline and Going the Wrong Way

Fault Code Number 11   A driver has a general duty to drive right of center of a highway, if the highway is of sufficient width (N.C.G.S. 20-146(a) and 20-147). Where the highway is not wide enough to allow two vehicles traveling in opposite directions, the vehicle that enters before the vehicle approaches has the right of way (Brown v. Southern Paper Prod. Co., 222 N.C. 626, 24 S.E. 334 (1943)).    When the highway is sufficient width to allow two vehicles traveling in opposite directions, a diver may drive left of center if one of the following situations (1) when overtaking and passing another vehicle driving in the same direction under the rules for passing another vehicle (N.C.G.S. 20-146(a)(1)); (2) when there is a close enough obstruction hazard makes it necessary to drive left of center provided that the driver yields the right of way to oncoming traffic (N.C.G.S. 20-146(a)(2)); (3) on a highway divided into three marked lanes for traffic (N.C.G.S. 20-146(a)(3)); or upon a highway that is sign posted and designated for one way traffic (N.C.G.S. 20-146(a)(4)). A violation of these rules is negligence per se.

  1. Improper Lane Change

Fault Code Number 12   All drivers are required to overtake another vehicle traveling in the same direction  if the highway is clearly visible, free of oncoming traffic for a sufficient distance to pass vehicle, pass at least two feet to the left of the overtaken vehicle, and not to reenter the right side of the highway until safely clear of the overtaken vehicle (N.C.G.S. 20-149 and 20-150(a)). This section does not apply to vehicles passing on the right (N.C.G.S. 20-150.1).

  1. Use Of Improper Lane

Fault Code Number 13   A driver traveling less than the legal maximum speed, must drive in the right hand lane when available for through traffic or as close as practicable to the right hand curb or edge of the highway, except when passing (N.C.G.S. 20-146(b)). A violation of this rule is negligence per se.    A driver must travel in the correct direction of travel and must obey direction erected signs (N.C.G.S. 20-165.1 and 20-169). A violation of this rule is negligence per se.

  1. Overcorrected/Oversteering

Fault Code Number 14    A driver must travel with proper control at all times. The driver has a duty to operate the vehicle at a speed and in a manner which allows it to maintain the degree of control which a reasonable and prudent person would use under the same or similar circumstances (Henderson v. Henderson, 239 N.C. 487, 80 S.E.2d 383 (1954)). When the conditions of danger increase on a highway, the driver has a duty of care that increases proportionally. Whether a driver acted negligently by turning his steering wheel from side to side after beginning a skid, in order to regain control is a question for the jury (Waller v. Hipp, 208 N.C. 117, 179 S.E. 428 (1935)).

  1. Passed Stopped School Bus

Fault Code Number 15   A driver approaching a school bus on the same street or highway must stop while the school bus is displaying its mechanical sign and is stopped for the purpose of receiving or discharging passengers (N.C.G.S 20-127). The vehicle must remain stopped until the mechanical sign is withdrawn or the bus has moved on. The rule only applies to school buses bearing the words “school bus” that the letters are at least eight inches and is not applicable where there is a median or barrier dividing the roadway. A violation of this rule is negligence per se.

  1. Passed On Hill

Fault Code Number 16               A driver can not pass another vehicle traveling in the same direction by a left centerline passing movement upon a crest of a grade where the driver’s view of the highway is obstructed within 500 feet (N.C.G.S. 20-150(b)). Also, a driver can not drive left of a centerline of a highway upon the crest of a grade where the centerline has been placed by the North Carolina Department of Transportation and is visible (N.C.G.S. 20-150(d, e)). A violation of these rules are negligence per se.

  1. Passed On Curve

Fault Code Number 17   A driver can not pass another vehicle traveling in the same direction by a left of centerline passing movement upon a curve where the driver’s view of the highway is obstructed within 500 feet (N.C.G.S. 20-150(b)). Also, a driver can not drive left of a centerline of a highway upon a curve where the centerline has been placed by the North Carolina Department of Transportation and is visible (N.C.G.S. 20-150(d, e). A violation of these rules are negligence per se.

  1. Other Improper Passing

Fault Code Number 18   A driver can not pass another vehicle traveling in the same direction at a railway grade crossing or at any intersection unless permitted by a traffic or police officer (N.C.G.S. 20-150(c)).   A vehicle that is being overtaken, must give way to the right in favor of the overtaken vehicle and may not increase its speed until completely passed by the overtaken vehicle (N.C.G.S. 20-149(b)).   A vehicle is required to dim its light when approaching another vehicle within 500 feet traveling in the opposite direction (20-131(a)).

  1. Failed To Yield Right of Way

Fault Code Number 19   This is a frequently used fault code used by police officers on accident reports. The failure to yield right of way is the same fault bases prevoiusly discussed that uses a right of way analysis founded in Fault Code 1, Disregard Yield Signs; Fault Code 2, Disregard Stop Sign; Disregard Other Traffic Signs; Fault Code 9, Improper Turn; Fault Code 10, Right Turn On Red; Fault Code 11, Crossed Centerline/Going Wrong Way; and Fault Code 12, Improper lane Change.               There are other rules that fall into the right of way discussion. First, for uncontrolled intersections where two vehicles enter an intersection from different highways at the sametime, the vehicle to the left must yield the right of way to the vehicle to the right (N.C.G.S. 20-155(a)). Second, a driver approaching a traffic circle must yield to a vehicle already within the traffic signal (20-155(d)). A violation of this rule is negligence per se. Third, a driver about to enter or cross a highway from an alley, building entrance, private road, or driveway must yield the right of way to vehicles approaching on the highway to be entered (N.C.G.S. 20-156(a)). There is no requirement for a driver from a private property to stop, but needs to yield for any approaching traffic. A violation of this rule is negligence per se.

  1. Inattention

Fault Code Number 20   This is a frequently used fault code used by police officers on accident reports. It most likely corresponds with the North Carolina common law that states the driver’s duty to keep a reasonable lookout (Henderson v. Henderson, 239 N.C. 487, 80 S.E.2d 383 (1954)). A driver must keep the same lookout that a reasonably careful and prudent person would keep under all existing circumstances. The duty includes the duty to look and what ought to be seen. A violation of this duty is negligence.   A distracted driver may be held to negligence (Hogsed v. Ray, 88 N.C. App. 673, 364 S.E.2d 688, disc. rev. denied, 322 N.C. 480, 370 S.E.2d 224 (1988)(driver leaned over to adjust his radio and his truck began to swerve causing his passenger to fall out of the truck). A driver has a duty to keep a lookout in his direction of travel, including the shoulders of the road (Exum v. Boyles, 272 N.C. 567, 158 S.E.2d 845 (1968)). In addition, darkness and fog may increase the hazard that a driver faces that requires increased caution to maintain his reasonable lookout duty on the roadway (Hines v. Brown, 254 N.C. 447, 119 S.E2d 182 (1961); Moore v. Town of Plymouth, 249 N.C. 423, 106 S.E.2d 695 (1959)).

  1. Improper Backing

Fault Code Number 21   A driver on a highway or public vehicular area (PVA) must ascertain if he or she can back their vehicle safely and without interfering with traffic (N.C.G.S. 20-154(a)). A driver must use that degree of care which a reasonably careful and prudent person would use under all the circumstances then existing (N.C.P.I. Civil 205.90). The driver must keep a reasonable careful lookout in the direction of travel (Gentile v. Wilson, 242 N.C. 704, 89 S.E.2d 403 (1955)). The driver is also under a duty to timely warn his intention to back up when it is reasonably necessary (Harris v. Wright, 268 N.C. 654, 151 S.E.2d 563 (1966)).

  1. Improper Parking

Fault Code Number 22   A driver can not park or leaving standing any vehicle, regardless of whether attended, on the paved or main traveled portion of any highway or highway bridge outside of municipal corporate limits, unless the vehicle is disabled so that the vehicle is impossible to avoid stopping or temporarily leave the vehicle there (N.C.G.S. 20-161(a)). A violation of this rule is negligence per se.  A driver can not park or leave standing any vehicle upon the shoulder of a public highway outside of municipal corporate limits, unless the vehicle can be clearly seen by approaching drivers from a distance of 200 feet in both directions and does not obstruct the normal movement of traffic (N.C.G.S. 20-161(b)). A violation of this rule is negligence per se.

  1. Driver Distracted

Fault Code Number 23   This is similar to Fault Code Number 20 Inattention, it most likely corresponds with the North Carolina common law that states the driver’s duty to keep a reasonable lookout (Henderson v. Henderson, 239 N.C. 487, 80 S.E.2d 383 (1954)). A driver must keep the same lookout that a reasonably careful and prudent person would keep under all existing circumstances. The duty includes the duty to look and what ought to be seen. A violation of this duty is negligence.   A distracted driver may be held to negligence (Hogsed v. Ray, 88 N.C. App. 673, 364 S.E.2d 688, disc. rev. denied, 322 N.C. 480, 370 S.E.2d 224 (1988)(driver leaned over to adjust his radio and his truck began to swerve causing his passenger to fall out of the truck).

  1. Improper Or No Signal

Fault Code Number 24   If the act of turning could affect another vehicle or pedestrian, then a turn signal must be given (N.C.G.S. 20-154(a); Clark v. Holman 1 N.C. App. 176, 160 S.E.2d 552 aff’d, 274 N.C. 425, 163 S.E.2d 783 (1968)(no signal required if others are not affected by turn)). Where a driver looks front and back before turning into a driveway and observes no approaching vehicles, no signal is required (Stovall v. Ragland, 211 N.C. 536, 190 S.E.2d 899 (1937)). Where an oncoming vehicle has not yet appeared on the horizon, no signal is required (Clarke v. Holman, 274 N.C. 425, 163 S.E.2d 783 (1968)).            When a signal is required it must be given continuously for 100 feet prior to the turn where the speed limit is less than 45 mph. If the speed limit is 45 mph or greater, then the signal must be given continuously for 200 feet. The violation of this rule is not negligence per se (N.C.G.S. 20-154(d)).

  1. Followed Too Closely

Fault Code Number 25     A driver can not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle and the traffic upon the condition of the highway (N.C.G.S. 20-152(a)). There is no set distance at which a vehicle may lawfully follow another vehicle. The space left between two vehicles should be the distance required to avoid danger in case of a sudden stop or decrease in speed of the vehicle ahead, under what can reasonably be anticipated by the trailing vehicle driver (Beanblossom v. Thomas, 266 N.C. 181, 146 S.E.2d 36 (1966)).

  1. Operated Vehicle In Erratic, Reckless, Careless Negligent or Aggressive Manner

Fault Code Number 26   A driver who operates their vehicle on a highway or public vehicular area (PVA) in a willful or wanton disregard of the rights or safety of others is guilty of reckless driving (N.C.G.S. 20-140(a)). A driver who operates their vehicle on a highway or PVA without caution and circumspection and at a speed or in a manner so as to or likely to endanger persons or property is also guilty of reckless driving (N.C.G.S. 20-140(b)). The violation of these rules is negligence per se. Furthermore, a charge and conviction in criminal court or evidence in a civil case of reckless driving allows punitive damages to be amended in a complaint and then submission to the jury in a civil case (Marsh v. Trotman, 96 N.C. App. 578, 386 S.E.2d 447 (1986), disc. rev. denied, 326 N.C. 483, 392 S.E.2d 91(1990)).      A driver who engages in a speed competition either prearranged or spontaneous on any street or highway is guilty of speed competition (N.C.G.S. 20-141.3). A violation of this rule is negligence per se. Furthermore, a charge and conviction in criminal court or evidence in a civil case of reckless driving allows punitive damages to be amended in a complaint and then submission to the jury in a civil case (Lewis v. Burton,78 N.C. App. 678, 338 S.E.2d 595 (1986)).

  1. Swerved or Avoided Due to Wind, Slippery Surface, Vehicle Object,         Non-Motorist

Fault Code Number 27   A vehicle’s steering mechanism must be in good working order and allow the driver to control the vehicle’s movements and maneuver it safely (N.C.G.S. 20-123.1). A violation of the rule is negligence per se.   A vehicle must be equipped with brakes adequate to stop and control the movement of the vehicle (N.C.G.S. 20-124). If the brakes failure was sudden, unexpected, and not the result of failure to inspect the vehicle, then no violation of rule (Wilcox v. Glover Motors, Inc., 269 N.C. 473, 153 S.E.2d 76 (1967)). Otherwise, violation of this rule is negligence per se.      A vehicle must be equipped with tires which are safe for vehicle operation and do not expose the public to needless hazards (N.C.G.S. 20-122.1). Tires are unsafe if they are cut, cracked, or worn so much that it exposes the cord, visible tread separation or chunking, or if the tire has less than two thirty seconds inch tread depth.  A violation of this rule is not negligence per se, but is considered as evidence of negligence.

  1. Visibilty Obstructed

Fault Code Number 28     Every vehicle on a highway must use at least two headlights between sunset to sunrise, when using windshield wipers for rainy weather, and foggy or other conditions that disrupts the ability to see at a distance of 400 feet (N.C.G.S. 20-129). The vehicle must have a red or amber stop lamp located at the rear which is visible for 100 feet. A violation of this rule is negligence per se.      A vehicle must have windshield wipers in good working order (N.C.G.S. 20-127(a)). A violation of this rule is negligence per se. A vehicle’s windshield may not have tinting except at the top (N.C.G.S. 20-127(b)). A violation of this rule is negligence per se.     A vehicle must have an inside rearview mirror which provides the driver with a clear, undistorted, and reasonably unobstructed view of the highway to the rear of the vehicle (N.C.G.S. 20-126(a)). A violation of this rule is not negligence per se, but is considered as evidence of negligence. There are exceptions to this rule for use of side door mirrors, if the rear view mirror’s view is obstructed by a load or the vehicle is a pickup truck.

  1. Operated Defective Equipment

Fault Code Number 29   Likely fault code number 28 Swerved or Avoided Due to Wind, Slippery Surface, Vehicle Object, Non-Motorist and 29 for fault code number Operated Defected Equipment are identical to fault code number 28 Visibility Obstructed.

  1. Alcohol Use

Fault Code Number 30   A driver operating a vehicle under the influence of the impairing substance of alcohol with a 0.08 alcohol concentration is guilty of impaired driving (N.C.G.S. 20-138.1). A driver under the age of 21 is guilty of impaired driving for any alcohol content (N.C.G.S. 20-138.3). A driver operating a commercial vehicle as defined at N.C.G.S. 20-40.1 under the influence of the impairing substance of alcohol with a 0.04 alcohol concentration is guilty of impaired driving (N.C.G.S. 20-138.2). A conviction of this rule is negligence per se and can be used as evidence to amend a complaint for a punitive damage demand by the Plaintiff and for punitive damages to be awarded in a civil personal injury case by a jury.

  1. Drug Use

Fault Code Number 31     A driver operating a vehicle under the influence of the impairing substance of a Schedule I controlled substance, as listed in G.S. 90-89 at any amount is guilty of impaired driving (N.C.G.S. 20-138.1). A conviction of this rule is negligence per se and can be used as evidence to amend a complaint for a punitive damage demand by the Plaintiff and for punitive damages to be awarded in a civil personal injury case by a jury.

  1. Other

Fault Code Number 32   This is likely a catch all for any other negligence acts while operating a vehicle. Some examples of violation of road safety statutes that have been mentioned are discussed below.   A driver can not operate a vehicle in a safety zone which is defined as a traffic island or other  space marked by signage for the exclusive use of pedestrians (N.C.G.S. 20-160(a)). A violation of this rule is negligence per se.   A driver can not drive his vehicle on a sidewalk or sidewalk area except upon a permanent or temporary driveway (N.C.G.S 20-160(b)). A violation of this rule is negligence per se.   A driver can not drive a flat truck vehicle on any public highway with an unsecured load. This requires a load to be secured to remain in place under any ordinary traffic or road conditions (N.C.G.S. 20-120). A violation of this rule is negligence per se.

  1. Unable To Determine

Fault Code Number 33   There is no North Carolina common law or road safety statute that corresponds with this fault code.

  1. Unknown

Fault Code Number 34   There is no North Carolina common law or road safety statute that corresponds with this fault code.     35 Driver Distracted By Electronic Communication Device Mobile Phone 36 Driver Distracted By Other Electronic Communication Device   Fault Code Numbers 35 and 36   A driver can not drive a vehicle on a public street, highway, or PVA while manually using a cell phone to enter multiple letters or text, read any email or text message (20-137.4A). This does not apply with the use of hands-free technology and GPS or wireless communication. A violation of this rule is not negligence per se.   37 Driver Distracted By Others Inside The Vehicle 38 Driver Distracted By External Distractions   Fault Code Number 37 Fault Code Number 38   Like Fault Code 20 Inattention, these two fault codes most likely correspond with the North Carolina common law that states the driver’s duty to keep a reasonable lookout (Henderson v. Henderson, 239 N.C. 487, 80 S.E.2d 383 (1954)). A driver must keep the same lookout that a reasonably careful and prudent person would keep under all existing circumstances. The duty includes the duty to look and what ought to be seen. A violation of this duty is negligence.   A passenger can not distract a driver while the vehicle is driven. For example, kissing a driver as he attempted a curve, raised the issue of contributory negligence by the passenger (Westmoreland v. Gregory, 255 N.C. 172, 120 S.E.2d 523 (1961)).   Contributory Negligence In North Carolina    The standards for contributory negligence and negligence are the same. A violation by the Plaintiff of a North Carolina safety road statute or common law as discussed above, completely bars the plaintiff’s recovery and must be affirmatively plead by the Defendant in their Answer of Plaintiff’s Complaint. The burden to prove contributory negligence by the Plaintiff rests with the Defendant by proving using a standard of proof of greater weight of the evidence.

Three Defenses To Contributory Negligence In North Carolina  

  1. Last Clear Chance Doctrine

If there is an affirmative defense of contributory negligence in Defendant’s Answer, then Plaintiff is permitted to file a Reply alleging last clear chance (N.C.G.S. 1A, Rule 7). If Defendant is found guilty of negligence and the Plaintiff is found guilty of contributory negligence, then under a sucessful last clear chance doctrine showing to the jury, the Plaintiff’s contributory neglignece is excused. The Plaintiff is allowed to recover damages for personal injury and vehicle property damages against the Defendant.

  1. Rescue Doctrine

The rescue doctrine is used if a person attempts to resume another person from peril resulting from the actions of a third person, and he or he negligently places themselves in peril and is injured. If so, the person is not held to have contributed to their own injuries (Britt v. Mangum, 261 N.C. 250, 134 S.E.2d 235 (1964)).

  1. Wilful or Wanton Conduct or Gross Negligence

A Plaintiff may recover from a Defendant whose wilful and wanton conduct or gross negligence is the proximate cause of Plaintiff’s injuries, despite Plaintiff’s own contributory simple negligence (King v. Allred, 76 N.C. App. 427, 333 S.E.2d 758 rev. denied, 315 N.C. 184, 337 S.E.2d 857 (1985)).

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