If you or someone you care for has been injured as a pedestrian, contacting a North Carolina Pedestrian Accident Lawyer should be your next move. Unfortunately car vs. pedestrian accidents can result in traumatic injuries that can leave the victim with severe emotional and physical pain. The Bishop Law Firm represents personal injury clients, and we do not get paid unless we win your case. Call us for a free case review, (919) 615-3095.
According to the NC Division of Motor Vehicles, in 2018, 228 pedestrians were killed in the state. This is an 13.4% increase from 2017. This increase in deaths is estimated to be from distraction (by both drivers and pedestrians) as well as larger vehicles that are more likely to kill a pedestrian in a car crash (via The News and Observer ). Unfortunately, drunk drivers also play a part in these accidents.
NC Personal Injury and Pedestrian Law
NC is a contributory negligence state, which means that for a accident victim to recover, they must not be at fault for their personal injury. Contributory negligence can create unfair outcomes for victims, but unfortunately it is the law in NC.
As with other NC personal injury claims, you have three years to file a claim for an injury you sustained as a pedestrian due to a negligent driver. A victim can recover medical expenses, pain & suffering as well as lost wages. Punitive damages are rarely awarded. If the pedestrian was killed in the accident, the case becomes a wrongful death claim. Wrongful death claims must be filed in two years (not three).
In North Carolina , pedestrians have the right-of-way at all intersections and driveways but must use pedestrian signals and/or crosswalks where available. If a pedestrian wants to cross the road at any other place, they must yield to cars on the roadway and keep a lookout for approaching traffic. Pedestrians should also walk facing traffic if a sidewalk is not available. Also, there is a duty to stop in the event of a crash when the driver is aware that serious bodily injury was caused. If the driver does not stop, this is a Class F Felony.
An injured pedestrian may be found contributorily negligent for their accident if they ignore pedestrian signals or fail to yield to cars. As discussed above, this can result in an unfair outcome for the injury victim, especially if the driver was speeding, but this is the law in NC.
If you were injured as a pedestrian while working, you may also have a NC Workers’ Compensation claim. Our attorneys also handle work injury cases for clients.
After Your Accident
Please call the police and go to the hospital if you have been hit in a car accident. Sometimes shock and adrenaline can mask symptoms of pain which become apparent later. Take photos of your injuries, the accident scene, and the driver’s car if possible. Follow all medical advice and avoid social media .
Filing a claim with the at-fault drivers insurance company is the next step. Unfortunately, some insurance companies will try to dispute that their driver was the cause of the accident or refuse to pay for medical treatment that you need even when their driver received a citation (ticket) or the accident report clearly states that they were at fault. Also read Insurance Adjusters and Recorded Statements.
Do you need a North Carolina Pedestrian Accident Lawyer?
As a matter of common sense, pedestrians cannot physically win in a physical contest against cars and frequently these accidents result in catastrophic injuries (spinal cord injuries, traumatic brain injury, PTSD or broken/crushed bones) that require extensive medical care and substantial time to recover. You may also need future medical care and your ability to work may be dramatically affected.
A NC Pedestrian Accident Lawyer can help you recover your loses, attain treatment that you need to recover, estimate future losses, and negotiate with the at-fault driver’s insurance company to secure the best possible outcome for your case while allowing you and your family to focus on your recovery.
The Bishop Law Firm represents victims in personal injury claims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina.
We do not get paid unless we win your case and we offer free case reviews. Contact us today, (919) 615-3095! We wish you or your loved one a speedy recovery.