In a North Carolina civil case, the claim, defenses, evidence, and applicable proof rules should be identified separately rather than assumed from a television or criminal-case standard.

A specific statutory burden

North Carolina G.S. 1-139 places the burden of proving contributory negligence on the party asserting that defense. That statute addresses one defense; it does not turn every disputed fact into the same question or determine how a particular case will be resolved.

Organize the record before drawing conclusions

  • The complaint, answer, motions, orders, and jury instructions, if any
  • Photographs, reports, video, medical records, witness information, and other evidence tied to the disputed issue
  • The exact defense asserted and the facts the parties say support or contradict it

For a collision-related dispute, information about a Charlotte car-accident claim can be reviewed alongside the particular facts, evidence, and defenses involved.

Source