If you or someone you care for has been injured as the result of a pedestrian/motor vehicle collision, read on for how a Pedestrian Accident Lawyer in Raleigh, NC can help.
Unfortunately, the number of NC pedestrians killed in accidents has been on the rise since 2009. In 2018, 228 pedestrians were killed in NC and an additional 2,219 injuries were reported. Almost every day of 2018, a pedestrian was injured and more than one died every month due to a car accident in Raleigh. Specifically, there were 340 pedestrian accident injuries and 16 fatalities in Raleigh throughout 2018.
In NC, if you are even 1% at fault for your injury (contributory negligence), you are barred from recovering compensation for your injuries and damages. For example, if you are walking down the street at midnight, while inebriated, and while wearing dark clothing and a car hits you, you may not be able to recover for your injuries. But see The Last Clear Chance Doctrine.
If you have been injured due to no fault of your own as a pedestrian in Raleigh, you may be facing serious injuries that will take substantial time to heal. During your recovery, you will incur medical bills, may miss time at work and lose income, and certainly won’t be able to live your life like you did before. The question becomes: what can you recover from the at-fault driver?
Medical Expenses – You should be compensated for all injury-related medical expenses including your medications, braces, injections, surgery as well as any therapy (speech, occupational, physical, or psychiatric, to name a few) that you may need. In addition, future medical treatment that you may require needs to be factored into your settlement.
When determining future medical expenses, it is best to consult with your treating physician to determine if you need a long term plan of care for your injuries. If you do not calculate the total cost of all medical care that you will need to recover, you may find yourself without a way to pay for necessary medical care later on. Also read NC Car Accident Injuries & Compensation.
Lost Wages – Your time missed from work due to the injury and your recovery should be considered when settling as well. Documenting all wages lost and obtaining a statement from your employer will help give an accurate picture of your losses. Also read our post on Lost Wages and Earning Capacity.
Pain and Suffering – It is obvious that you will suffer physical pain at the time of the crash, throughout your recovery, and possibly indefinitely in the future. Another unfortunate fact is that you will likely endure mental anguish as a result of the wreck and your injuries. Mental anguish can come in the form of nightmares, flashbacks and obsessive thoughts about the crash itself; anxiety, isolation, and hopelessness when facing the challenges of recovery; and all of these symptoms can continue for the rest of your life, depending upon each person’s own personal experiences. While it can be difficult to quantify your pain and suffering, NC case law provides factors to help a jury determine how much compensation is enough for these damages.
The above mentioned are a few of the types of recovery that you can obtain from the insurance company. Gathering necessary documentation, figuring out how much pain & suffering is adequate, obtaining your medical records/future medical needs from your physician, establishing and paying for liens, as well as negotiating with the driver’s insurance company are all tasks that a Pedestrian Accident Lawyer in Raleigh, NC can help you with.
If you or a loved one has been injured as a pedestrian in a traffic accident, we wish a full and speedy recovery. The Bishop Law Firm represents person injury car crash accident victims in Raleigh, NC and we do not get paid unless you win. We also offer free case evaluations, (919) 615-3095.