How Do You Prove Fault in a Pedestrian Accident Case?
Pedestrian accident cases can be complex. Liability is sometimes contested by the defendant and the insurance company, and it can be difficult to prove fault. Some of our clients ask us, “How do you prove fault in a pedestrian accident case?”
There are many facts and circumstances that must be considered in proving fault in a pedestrian accident in North Carolina. In this article, we’ll discuss some of the most important factors for proving liability in a pedestrian accident injury case.
If you’ve been injured in a pedestrian accident in North Carolina, call 1-800-525-7111 for a FREE, no-obligation consultation concerning your potential injury claim.
Our North Carolina personal injury lawyers know the law and have recovered millions of dollars in compensation (see disclaimer below) for victims of pedestrian accidents. Call 1-800-25-7111 today and let’s review your claim.
“How do I prove fault in a pedestrian accident in North Carolina?”
In order to prove fault in a pedestrian accident (or any other personal injury case) in North Carolina, you must prove:
- The defendant had a “duty of care” to prevent harm to the victim
- The defendant violated his or her “duty of care”
- The defendant’s actions caused the victim’s injuries
In a pedestrian accident, the driver is generally presumed to be at fault, but it is important to note that a pedestrian can be at fault in an accident in North Carolina.
Contributory Negligence
In addition, North Carolina personal injury law follows the doctrine of “contributory negligence,” which means that if the plaintiff is even partially responsible for an accident, he or she cannot recover compensation.
There are some exceptions to the contributory negligence doctrine in North Carolina that an injury attorney at Riddle & Brantley may be able to use to help strengthen your case, depending on the circumstances.
For instance, you may be able to overcome the contributory negligence doctrine if you can prove that the defendant violated the “last clear chance” doctrine. This complicated concept essentially means that if the defendant had the “last clear chance” to avoid the accident, he or she could be found liable for the pedestrian accident even if the plaintiff was partially negligent under the doctrine of contributory negligence.
In cases in which the defendant’s actions exhibited “gross negligence,” or when his or her actions were “willful and wanton,” fault may also be established regardless of the injured victim’s contributory negligence.
An experienced pedestrian accident attorney can help advise you on your best available legal options. At Riddle & Brantley, we have been helping clients prove liability in pedestrian accidents and other injury cases for more than 35 years and we would love to help you if we can.
For a FREE consultation with an injury lawyer handling pedestrian accident cases, please call 1-800-525-7111.
There is no obligation and we don’t get paid unless you do. Please call 1-800-525-7111 today and let’s review your injury claim.
Evidence That Can Prove Fault in a Pedestrian Accident
A variety of evidence can be used to prove fault in a pedestrian accident in North Carolina, including:
- The official accident report
- Eyewitness testimony
- Surveillance video, dash cam footage, etc.
- Photos depicting the accident scene and injuries
- Medical records
- Truck “black box” data
There are many other potential pieces of evidence that can be used to prove fault in a pedestrian accident. At Riddle & Brantley, we have a team of experienced investigators who can evaluate the crash scene, identify and preserve evidence, and help prove liability in your case.
Right-of-Way Laws in North Carolina
In general, according to the North Carolina Department of Transportation (NCDOT) “pedestrians have the right of way at all intersections and driveways but must yield to motorists when crossing at any place other than a marked crosswalk.”
These right-of-way laws must be taken into account when determining fault in a pedestrian accident in North Carolina.
Injured in a Pedestrian Accident in North Carolina?
If you’ve been injured in a pedestrian accident in North Carolina, you may be entitled to compensation and we would love to help you fight for justice if we can.
For a FREE, no-obligation consultation with an experienced pedestrian accident lawyer, please call 1-800-525-7111.
Since 1985, our attorneys have recovered millions of dollars in compensation for victims of pedestrian accidents, including $1.9 million for a woman who was struck by a cement truck while walking across a parking lot (see disclaimer below).
We fight aggressively for justice in each and every case we handle.
There is no obligation and there are no upfront costs. If you don’t get compensation, we don’t get paid — it’s as simple as that.
“Riddle & Brantley handled my case very professionally, with respect from beginning to end.”
–Joseph P., Riddle & Brantley client
Please call 1-800-525-7111 today and let’s review your claim.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.