North Carolina Pedestrian Accident Lawyer
Table of Contents
- Why You Need a Pedestrian Accident Lawyer in North Carolina
- Our Proven Results in Pedestrian Accident Cases
- Common Causes of Pedestrian Accidents in North Carolina
- What To Do After a Pedestrian Accident in North Carolina
- What Compensation Can You Recover After a Pedestrian Accident in North Carolina?
- North Carolina Pedestrian Accident Deadlines and Insurance Options
- North Carolina Pedestrian Accident Frequently Asked Questions
- Injured in a Pedestrian Accident? Contact Us Today
Under North Carolina’s pure contributory negligence rule, you may lose your right to compensation if you’re even slightly responsible for the collision. Riddle & Riddle Injury Lawyers has built a strong track record of advocating for our clients in complex pedestrian injury claims. We know how to push back against insurance companies’ blame-shifting tactics and protect your right to fair compensation.
Key Takeaways
- Pedestrian accidents in North Carolina often result from driver negligence, such as failure to yield or distracted driving.
- If someone else is at fault for your pedestrian injuries, you may seek compensation for medical expenses, lost income, pain and suffering, and more.
- Our NC pedestrian accident attorneys can help you challenge the insurance company’s attempts to minimize your compensation and advocate for the results you deserve.
Why You Need a Pedestrian Accident Lawyer in North Carolina
North Carolina is one of the few states that follows a pure contributory negligence rule. This means that you may only recover compensation if someone else is entirely at fault for the crash. If the insurance company argues that you were even 1% responsible, it may deny your entire claim.
Insurers often exploit this rule by shifting the blame onto injured pedestrians. They might claim that you were jaywalking or distracted to avoid paying compensation for your losses.
There is a possible defense against this tactic. Under the “last clear chance” doctrine, you may still recover compensation while partially at fault in some circumstances. This applies when the driver had a final chance to prevent the accident but failed to act.
Our experienced pedestrian accident attorneys can identify opportunities to push back against attempts to place unfair blame on you. When available, we’ll be ready to use these strategies during negotiations or litigation to pursue the compensation you deserve.
Our Proven Results in Pedestrian Accident Cases
Common Causes of Pedestrian Accidents in North Carolina
Pedestrian crashes often happen because of negligent driving behaviors. When you choose us to represent you, we’ll investigate the incident and determine what factors contributed to the accident.
Distracted Driving
Every second counts when behind the wheel. Texting, adjusting navigation, taking a phone call, or interacting with passengers can pull a driver’s attention away from the road at critical moments. Even a brief distraction can prevent a driver from seeing a pedestrian in the roadway quickly enough to stop.
Failure to Yield at Crosswalks
G.S. § 20-173 requires drivers to yield to pedestrians crossing within crosswalks. These include both marked and unmarked crosswalks at intersections where no traffic signal controls the area. Drivers who fail to slow down or stop when a pedestrian has the right of way may cause a collision.
Speeding and Reckless Driving
Driving above the posted speed limit reduces a driver’s reaction time and increases the time it takes to stop to avoid a collision. Reckless driving behaviors, such as weaving between lanes or accelerating aggressively, further increase the risk. Higher speeds also significantly increase the severity of a crash, leading to more severe pedestrian injuries.
Impaired and Drowsy Driving
Alcohol, drugs, and fatigue affect many functions necessary for safe driving, including judgment, reaction time, attention, and vision. These impairments make it harder for drivers to notice pedestrians, judge distance, and respond quickly enough to avoid a collision. The risk is even greater at night, when visibility is already limited.
Turning Vehicles
Pedestrians are especially vulnerable when drivers make left or right turns at intersections. Drivers may focus on oncoming traffic and fail to look for pedestrians crossing the road. Others may misjudge how much time a pedestrian has to cross safely.
What To Do After a Pedestrian Accident in North Carolina
Taking the right steps after being hit by a car can preserve both your health and your right to fair compensation. Here’s how to protect yourself in those critical early moments:
- Call 911 and wait for emergency responders to arrive. Explain what happened to the police officer so they can include those details in the official accident report.
- Document the scene. Take photos of your injuries, the roadway where the crash occurred, and any visible vehicle damage. Write down any witnesses’ contact information and the insurance details of the driver who struck you.
- Get immediate medical attention. Delays in treatment can give insurers an opportunity to doubt the connection between the accident and your injuries.
- Don’t provide a statement to the insurance company before speaking with a lawyer. Insurers may use your words to argue that you were partially at fault, which could harm your claim under North Carolina’s contributory negligence rule.
- Contact our pedestrian accident lawyers. We’ll be ready to guide you through your next steps.
What Compensation Can You Recover After a Pedestrian Accident in North Carolina?
If someone else caused your pedestrian accident, you may be entitled to recover compensation for both economic and non-economic damages.
Economic damages compensate you for the financial losses you’ve suffered due to your injuries. These commonly include lost wages for the work you missed while recovering and reduced earning capacity for the injury’s long-term impact on your ability to earn an income. Pedestrian accident injuries result in long-term medical needs, so many victims also recover compensation for past and future medical expenses, assistive devices, and disability-related home modifications.
Non-economic damages address the personal impact of the accident. You may seek compensation for physical pain and suffering, emotional distress, and loss of enjoyment of life. If you experienced scarring or disfigurement due to road rash or the direct impact with the vehicle, your non-economic damages may also account for those losses.
If you lost a loved one in a pedestrian accident, you may pursue similar types of damages by filing a wrongful death lawsuit within two years of their death.
North Carolina Pedestrian Accident Deadlines and Insurance Options
Several factors can influence your ability to pursue pedestrian accident compensation in North Carolina.
Statute of Limitations
North Carolina law limits how long you have to take legal action after a pedestrian accident. Under G.S. § 1-52, you generally have three years from the date of the accident to file a personal injury lawsuit. If your loved one was killed in a pedestrian crash, you have two years from the date of their death to file a wrongful death lawsuit under G.S. § 1-53.
Insurance Coverage
Because North Carolina is an at-fault state for car accidents, the driver responsible for causing the crash is liable for the victim’s damages. This compensation typically comes from the at-fault driver’s liability insurance coverage.
If the driver has no insurance or doesn’t carry enough coverage to fully pay for your losses, your own uninsured or underinsured motorist (UM/UIM) coverage may apply. It may also provide compensation when you’re struck by an unidentified driver in a hit and run accident.
State law requires all auto insurance policies to include UM/UIM coverage unless you reject it in writing. This car insurance coverage protects you even if you are struck while walking rather than inside a vehicle.
North Carolina Pedestrian Accident Frequently Asked Questions
Explore our answers to common questions from injured pedestrians and their loved ones in North Carolina.
How Long Do Pedestrian Accident Claims Take To Settle in NC?
The time it takes to resolve a pedestrian accident claim in NC ranges from a few months to several years. Each case’s timeline depends on its unique circumstances, including the severity of the injury and whether the insurer disputes liability.
How Much Does a Pedestrian Accident Lawyer Cost?
Our pedestrian injury lawyers in North Carolina represent clients on a contingency fee basis, meaning our fee is a percentage of the compensation we recover for you. It costs nothing out of pocket to hire us, and we only get paid if we win your case.
Can I Sue if I Was Jaywalking When I Was Hit?
Possibly, but it can be more difficult. Jaywalking may be considered evidence that you were partially at fault, which could prevent you from recovering compensation under North Carolina’s contributory negligence rule. However, you may still have a claim if the driver had a final opportunity to avoid the collision but failed to act.
What if the Driver Left the Scene After Hitting Me?
You may still have options for recovering compensation after a hit and run accident. If the driver remains unidentified, you can file a claim through your uninsured motorist coverage.
What Happens if My Child Is Hit Near a School Bus Stop?
Drivers have a responsibility to use extra caution around children. If your child was hit by a car while waiting for the school bus, you may have the right to pursue compensation on their behalf.
Free Case Review
Being struck as a pedestrian can disrupt your entire life. Our team is here to help you understand your legal options and fight for the compensation required to move forward.
Injured in a Pedestrian Accident? Contact Us Today
You deserve proven representation after a life-altering pedestrian accident. With over 40 years of experience advocating for the injured, Riddle & Riddle Injury Lawyers is here to guide you through every aspect of your claim while you focus on healing. When you turn to us for help, you’ll have a dedicated legal team on your side providing clear communication and hands-on case management from start to finish.
Our North Carolina pedestrian accident lawyers are ready to help you move forward. Contact us online or call 800-525-7111 to explore your rights and options with a free consultation.