Being struck by a motor vehicle as a pedestrian can have devastating physical, emotional, and financial repercussions. If you were injured in a pedestrian-car accident, you do not have to go through this alone. Reach out to Riddle & Brantley to speak for free with an experienced pedestrian accident lawyer.
When negligence on the part of a motorist or other party was to blame for your injuries, you may be entitled to substantial compensation to cover your medical bills, lost wages from time missed at work, pain and suffering, and more. We believe that Justice Counts for injured pedestrians and their loved ones. Call us at 1-800-525-7111 to book a zero-cost consultation. You have nothing to lose by contacting us today, as you never owe us attorney fees unless we recover money on your behalf.
Why Do Pedestrian Crashes Occur?
In many pedestrian accidents, the driver is at fault for striking you. Some common causes of pedestrian crashes where the driver is fully responsible include the following:
- Running a red light or stop sign
- Speeding
- Driving while under the influence of drugs or alcohol
- Road rage
- Distracted driving, which may include texting, eating, or reading while the motor vehicle is moving
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Laws That Pedestrians Must Follow
Here in North Carolina, there are several laws that apply to pedestrians:
- When crossing a street at a location other than a marked crosswalk or at an intersection, they must yield to vehicles
- If there is a sidewalk, the pedestrian is required to use it
- If there is no sidewalk, the pedestrian must walk in the direction facing traffic
Pure Contributory Negligence
North Carolina operates under the pure contributory negligence doctrine, which means that if you were even slightly responsible for a pedestrian accident, you may not be eligible to recover financial compensation for your injuries. That is one reason why we recommend that you consult with an experienced pedestrian accident attorney as soon as is reasonably possible following your crash. By doing so, you will develop an idea of the strengths and weaknesses of your case and learn how much it may be worth. You can schedule a 100 percent free case review with Riddle & Brantley by calling 1-800-525-7111 today.
How to Prove that the Motorist was Negligent
In many pedestrian accident cases, you will need to prove by a preponderance of the evidence - which means that it was more likely than not, or greater than 50 percent likely - that the driver’s negligence is what caused the crash. There are four basic elements to a negligence claim:
- The driver owed you a duty of care. If the driver is on a public roadway, then he or she owes everybody else on that roadway a duty of care to obey traffic laws and operate his or her vehicle in a reasonable manner. This element is therefore almost always satisfied in these cases.
- The driver breached that duty of care. There are a number of traffic laws that drivers disobey frequently. Perhaps the driver was speeding, ran a red light, failed to signal properly before turning or changing lanes, or was driving while intoxicated. These are just some of the examples of what would qualify as breaching this duty of care.
- The breach of that duty is what caused your accident. For example, if you were crossing the street at a crosswalk with a signal that said "Walk," and suddenly a car came from your left and blew through a red light and struck you, running the red light is clearly a breach of the duty of care, and that would have been what caused your crash.
- You suffered an injury in this accident. Similar to the first element, this one is very likely to be satisfied in pedestrian accidents, as pedestrian victims will almost always suffer some sort of injury when struck by a motor vehicle.
Injuries Commonly Suffered by Pedestrian Crash Victims
Many pedestrian accidents involve serious or even fatal injuries to the victim, as the pedestrian has nothing to shield him or her from the motor vehicle. Common injuries suffered in pedestrian crashes include the following:
- Cuts and lacerations
- Burns
- Broken or fractured bones
- Ligament damage
- Internal injuries
- Organ damage
- Neck, spine, and back injuries
- Traumatic Brain Injury (TBI)
- Disfigurement
- Amputations
- Paralysis
- Death
If your loved one was killed as the result of a pedestrian-vehicle accident, you have our deepest sympathies. We offer you our services and would like to help in any way we can. An experienced wrongful death lawyer at Riddle & Brantley can help you seek justice on behalf of the deceased.
Damages That Pedestrian Accident Victims May Pursue
In the blink of an eye, a pedestrian accident can change your life forever. If you file a pedestrian crash lawsuit, some of the damages that you may pursue include the following:
- Lost wages: Some pedestrian crash victims may miss days, weeks, months, or even years of work due to the injuries incurred in this accident. Fortunately, the legal system helps rectify that loss of your income stream.
- Loss of earning capacity: This typically applies to situations where you are able to return to the workforce, but in a reduced capacity compared to your role prior to the crash. For example, if your physical or emotional injuries render you incapable of performing the job you had before, and you are relegated to a reduced role making half as much money, this category of damages will pay you the difference.
- All medical costs: You may seek damages for all past, present, and future medical costs stemming from the accident, including transportation via ambulance or helicopter, hospital visits, surgeries, procedures, doctor appointments, imaging, physical therapy, assistive devices, prescription drugs, prosthetics, and in-home care.
- Pain and suffering: The physical and emotional pain that you are forced to endure following a serious injury can be excruciating.
- Loss of companionship: If your mobility is significantly impaired or your mood and personality are permanently altered due to the emotional trauma you experienced in your pedestrian accident, it is only natural that some of your closest relationships may suffer.
Pedestrian Accident Lawyer Serving Winston-Salem
If you are injured in a pedestrian accident, an experienced car accident lawyer can help you fully understand your legal rights and the strengths and weaknesses of your case. At Riddle & Brantley, we will negotiate on your behalf with the insurance company to make sure you never accept any lowball offers and instead get the maximum compensation you deserve for the full extent of your injuries and losses. When it comes to pedestrian accidents, your personal injury lawyer can make all the difference.
$1,925,000 Settlement
Our North Carolina pedestrian accident lawyers at Riddle & Brantley bring more than 220+ years of combined experience to the table when representing injured victims. One client of ours was walking in a parking lot when she was hit by a cement truck, causing serious injuries to an arm and a leg. Our attorneys helped secure a $1,925,000 settlement on her behalf (see disclaimer below).
Book a Zero-Cost, Zero-Obligation Case Review Today
If you have been injured in a pedestrian accident, Riddle & Brantley would love to help you however we can. Call us today at 1-800-525-7111 to schedule a free consultation. Our clients are never billed for attorney fees unless we win their case.
“I felt very confident in Riddle & Brantley representing me. I would not hesitate to recommend them at all.”
-Kathleen Y., Riddle & Brantley client
*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.