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, or start online now.
Do you need a North Carolina Pedestrian Accident Lawyer?
A victim injured by a vehicle can sustain 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. Medical bills continue to grow while you have no income.
It should be straightforward to obtain compensation if you are hit as a pedestrian, but it rarely is. Most insurance adjusters want to pay as little as possible on claims and will look for reasons to deny or diminish compensation when they can.
Read North Carolina Personal Injury and Policy Limits
A North Carolina Pedestrian Accident Lawyer at The Bishop Law Firm can help you recover your financial losses, estimate future losses, and negotiate with the at-fault driver’s insurer to secure the best possible outcome for your case, allowing you and your family to focus on your recovery.
North Carolina Pedestrian Law
In North Carolina, pedestrians generally have the right-of-way at intersections and driveways, but must use pedestrian signals and/or crosswalks where available.
If a distracted driver fails to give the right of way to a pedestrian and an injury occurs, the driver may be at fault under the law.
If a pedestrian wants to cross the road elsewhere, they must yield to cars on the roadway and keep a lookout for approaching traffic.
Crossing outside a crosswalk or other protected crossing may require a pedestrian to yield to vehicles, and failing to do so can affect a personal injury claim under North Carolina's contributory negligence law.
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.
North Carolina Contributory Negligence
North Carolina is a contributory negligence state, which means that for an accident victim to recover, they must generally not be at fault for their personal injury.
An injured pedestrian may be found contributorily negligent for their accident if they ignore pedestrian signals or fail to yield to cars as required under North Carolina law.
For example, walking at night, wearing dark clothing, on a dimly lit street, and being injured as a pedestrian may make recovery harder.
Contributory negligence can create unfair outcomes for victims, but unfortunately, it is the law in NC.
Statute of Limitations
As with other NC personal injury claims, you have 3 years to file a claim for an injury you sustained as a pedestrian caused by a negligent driver.
A victim can recover medical expenses, pain & suffering, and 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 within two years (not three).
North Carolina Pedestrian Accident Facts
Unfortunately, excessive speed, distracted driving, and drunk driving play a significant part in pedestrian injuries.
According to the North Carolina Division of Motor Vehicles, in 2024, 281 pedestrians were killed in the state. This is a 12% increase from 2023.
In addition, 11% of all pedestrians involved in a crash were killed.
If you were injured as a pedestrian while working, you may also have a North Carolina Workers’ Compensation claim. Our attorneys also handle work injury cases for clients.
These statistics show that pedestrian accidents are among the deadliest.
Being hit by a car can have devastating repercussions for a victim, and the steps you take after the accident are crucial.
After Your Pedestrian Accident
Please call the police and go to the hospital immediately if you have been hit in a car accident.
Sometimes shock and adrenaline can mask pain symptoms, 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. Failing to seek appropriate medical treatment can hurt your financial recovery and your health.
Read Medical Records and North Carolina Personal Injury
Filing a claim with the at-fault driver's insurance company is the next step. Knowing what to say to an adjuster can be tricky in a personal injury claim.
Do not be surprised if the adjuster wants to focus on your clothing, time of day, crosswalk or sidewalk location, and if you consumed any alcoholic beverages prior to the accident.
Also read Insurance Adjusters and Recorded Statements.
Unfortunately, some insurance companies will try to dispute that their driver caused the accident or refuse to pay for the medical treatment you need, even when their driver received a citation (ticket) or the accident report clearly states they were at fault.
If you are having issues obtaining fair compensation after your pedestrian accident, hiring a North Carolina Personal Injury Lawyer can ensure you have an advocate on your side who will protect your legal rights and will not be paid unless you are.
If the insurance adjuster will not offer to pay for all your medical bills or your pain & suffering, litigation may be required to obtain full and fair compensation for your injury.
Do not rely on the insurance adjuster to tell you what compensation you are entitled to under North Carolina law.
Read How much will my car accident injury settlement be?
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.
The Bishop Law Firm represents victims in personal injury claims in:
- Raleigh
- Cary
- Fayetteville
- Durham
- Rocky Mount
- Wilson
- Smithfield
- Louisburg
- Chapel Hill
- Roanoke Rapids
- Greensboro
- and all of North Carolina.
Also read NC Bicycle Accident Lawyer and NC Personal Injury Lawyer
