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Were You a Pedestrian injured in an Accident?
North Carolina is a hub of activity for motorists and pedestrians alike. There’s a lot of walking done around the state’s towns and cities, and that can cause some confusion as to the rights of pedestrians.
Some motorists think that pedestrians have the right of way at all times, and this is true to some extent. Because injuries from a pedestrian accident can be so severe, motorists may be held responsible even when the pedestrian is partly to blame for the accident.
Overview of Pedestrian Accidents
According to the North Carolina Department of Transportation, Wilmington holds the dubious distinction of having one of the highest pedestrian accident rates in North Carolina. Between 2016 and 2020, the city annually averaged 75 pedestrian accidents and three fatalities.
Hiring an attorney to represent you is critical to obtaining justice and compensation after a pedestrian has been hit and injured by a vehicle. The driver’s insurance company may offer what sounds like an adequate settlement after the accident. However, it’s wise not to accept it without consulting a lawyer. Insurance companies want to settle claims quickly–and cheaply.
Our clients’ best interests are at the forefront of everything we do at Rhine Law Firm, P.C. You can expect our attorneys to give you the personal attention you deserve.
What are North Carolina’s Pedestrian Laws?
North Carolina has traffic laws to promote safety between motorists and pedestrians. The North Carolina Department of Transportation (NCDOT) outlines them, and they are as follows:
- All drivers must yield the right-of-way to pedestrians crossing at a marked — or unmarked — crosswalk. Drivers must also stop for pedestrians waiting at corners and those who have already begun crossing at an intersection controlled by traffic signals, signs, or markings. In addition, when approaching a pedestrian on a roadway or the shoulder of a highway with no sidewalk available, drivers must slow down and proceed cautiously.
- North Carolina requires that all children under 12 be accompanied by an adult when crossing the street with motor vehicle traffic present. This applies even if they are not using a designated crosswalk–drivers must still take extra precautions in the presence of children even when the children are unaccompanied.
- When walking along roadsides without sidewalks available, pedestrians should always walk facing traffic and on the left side to see oncoming vehicles better and react appropriately if necessary. Furthermore, pedestrians should never run across streets except in emergencies–running increases the risk of being hit by a car due to reduced reaction time for both parties involved.
- Regardless of whether there is a sidewalk, motorists may not park their cars within 20 feet of any crosswalk unless otherwise indicated by signs or pavement markings. This allows more room for people to walk across roads safely without having cars obstructing their view.
Common Causes of Pedestrian Accidents
The most common causes of pedestrian accidents in North Carolina include:
- Distracted driving: Whether it involves texting while driving, eating or drinking behind the wheel, or other actions that take a driver’s eyes off the road, distracted driving is a significant factor in pedestrian accidents.
- Speeding: Vehicles driving too fast may be unable to slow down sufficiently to avoid hitting a pedestrian. The greater the speed, the more difficult it is for the car to stop in time.
- Impaired driving: Driving under the influence of alcohol or drugs is often responsible for accidents. The driver may face criminal and civil charges.
- Poor road conditions: Defective roadways and sidewalks can contribute to pedestrian accidents. Malfunctioning traffic signals or inadequate signage, such as missing stop or yield signs, can result in collisions.
- Failure to yield: Many pedestrian accidents occur when drivers fail to yield at crosswalks and intersections. Sometimes, drivers do not see the pedestrian because they are distracted or driving too fast.
What are Common Pedestrian Accident Injuries?
Pedestrian accident injuries can range from minor scrapes and bruises to serious, life-altering injuries. With no protection from impact, they are usually more vulnerable than motorists.
Some common types of pedestrian accident injuries include the following:
- Broken bones
- Lacerations
- Spinal cord injuries
Catastrophic Pedestrian Accident Injuries
Brain trauma can cause long-term cognitive deficits or disabilities, while spinal cord damage can lead to paralysis. While these severe injuries can be challenging, there is still hope. When victims seek skilled legal representation that understands the complexity of these cases, their lawyers will work hard to win the settlement they need to pursue the appropriate aftercare.
Wrongful Death in Pedestrian Accidents
Wrongful death is a real consequence of pedestrian accidents. When a loved one dies because of someone else’s negligence, family members may seek justice by filing a wrongful death lawsuit.
Legal Framework in North Carolina
To establish that a defendant is negligent, as the plaintiff, you and your attorney must prove the following four elements:
- Duty of care: The defendant owed you a duty of care, such as driving safely and obeying traffic laws.
- Breach of duty: The defendant breached their duty of care by their actions or inactions, e.g., by operating a motor vehicle under the influence.
- Causation: The defendant’s breach of duty was a direct cause of the accident that resulted in your injury.
- Damages: You suffered quantifiable damages, such as medical expenses and lost wages.
The first step in filing a pedestrian accident claim involves consulting a Wilmington pedestrian accident lawyer. Important documentation that you may need includes the police or accident report, medical records, proof of financial losses, photographs of the accident scene and your injuries, witnesses’ contact information, and insurance information.
Providing comprehensive documentation strengthens your pedestrian accident claim by clearly establishing liability, damages, and the impact on your life.
What if I was Partially At Fault for an Accident in North Carolina?
North Carolina is one of the few states that is still a contributory negligence jurisdiction. This doctrine says that a person who was injured in any part due to their own negligence may not collect monetary damages from the party accused of causing the accident. The system is designed in favor of insurance companies rather than people with serious injuries.
Determining fault
Several factors are considered when determining who is at fault in a pedestrian accident. These may include whether the pedestrian was in a crosswalk and obeying traffic signals, if they were jaywalking or running, or if they were distracted due to using their phone or listening to music while crossing the street.
It’s vital that you have a qualified Wilmington pedestrian accident attorney on your side who can help ensure that you receive fair compensation despite being in a contributory negligence jurisdiction.
What to Do After a Pedestrian Accident
Try to move out of harm’s way. Always call 911 after a pedestrian accident. Many pedestrians are too badly injured to document the scene after an accident. However, if you are capable, take photos of the accident scene, including your injuries and the vehicle that hit you. If you cannot do this, ask a companion or someone at the scene to record these images.
In addition, take the following steps:
- Get the driver’s name, address, insurance information, and contact information. If there are eyewitnesses, obtain their names and contact information.
- Ensure the police file a report, which is often critical evidence proving liability.
- You should notify your insurance company after a pedestrian accident in North Carolina. It may cover initial medical expenses, which can later be reimbursed through the at-fault party’s insurance or a legal settlement.
- Always seek immediate medical attention. In most pedestrian accident cases, the victim’s injuries require a trip to the emergency room. However, even if you feel fine, visit the ER or an urgent care center for an evaluation. Failure to receive prompt care is detrimental to your health and can also harm your case. Insurance companies could allege that you were not seriously injured or even that some other event is responsible.
Finally, consult with Rhine Law Firm. We can notify all necessary parties on your behalf and protect your rights throughout the claims process.
Do Pedestrians Really Have the Right of Way?
It’s said over and over that pedestrians have the right of way at all times. But is that really true? The short answer is no. Just like motorists, they must follow traffic signals and laws at all times. Pedestrians have certain laws regarding how they share the road with motorists.
They must:
- Use crosswalks when available.
- Use sidewalks when available or walk on the far left-hand side of the road facing traffic.
- Obey traffic signals.
- Yield to cars when needed, such as when they approach a crosswalk and a car is already halfway through it.
Pedestrians do usually have the right of way, especially when they’re obeying the above traffic laws. But that doesn’t mean that a motorist doesn’t have to watch out for a pedestrian breaking the law.
Catastrophic Injuries and Pedestrian Accidents
Pedestrians have no protection when they’re sharing the roads and walkways with others. They certainly don’t have airbags or a large steel frame around them, and they don’t even have the benefits of a helmet that cyclists and motorcyclists have. Because of this, pedestrians rarely walk away from a collision with a vehicle unscathed. And most of the time, the injuries they suffer are catastrophic in nature.
Catastrophic injuries are severe injuries that typically affect the spine, spinal cord, skull, and brain. Spinal injuries can occur in pedestrian accidents when the pedestrian is hit from the back, crushing the vertebrae and the spinal cord along with it.
These injuries occur more often than most people would think. The majority of pedestrian accidents in Wilmington, NC occur when the pedestrian is hit from behind, most often when the pedestrian is walking on the side of a road facing the same direction as traffic.
Injuries involving the brain and skull are often secondary. These injuries occur when a pedestrian falls after being hit by a car, and hits his or her head on the car or the surrounding pavement. Brain injuries, like spinal injuries, can be permanent and can greatly affect the victim’s quality of life.
How a Wilmington Pedestrian Accident Lawyer Can Help
North Carolina is one of the few states with a pure contributory negligence standard. If the plaintiff is even slightly responsible for the accident, they may be completely barred from receiving compensation. For example, if a pedestrian was distracted by their phone at the time of the collision, the at-fault party’s insurance company could allege that they share liability. This highlights the necessity of a skilled lawyer who can counter this defense.
Our team will investigate your case thoroughly and identify all potential defendants. For example, liability may extend beyond the driver of the car. If road defects played a role in the collision, the jurisdiction in charge of maintenance may also be held liable. Perhaps the brakes on the driver’s car failed. In such cases, the manufacturer or a repair facility may be responsible.
We handle all negotiations with the driver’s insurance company and know a fair settlement amount based on your injuries and prognosis. While most pedestrian accident claims are settled, we will take your case to trial if the insurance company fails to agree to a reasonable amount.
Why Choose Our Firm?
At Rhine Law Firm, we have over 34 years of experience representing people just like you. We are thorough, experienced, and determined to succeed. We have recovered hundreds of millions of dollars on behalf of our clients, including class actions and personal injury cases.
That’s one of the reasons attorney Joel R. Rhine has been selected as a Top 100 North Carolina Super Lawyer. Every year, Super Lawyers® evaluates lawyers across the country for its annual list of top attorneys. Each candidate is measured against 12 indicators of peer recognition and professional achievement.
Our client-centered approach means we are committed to understanding your unique situation and needs. We will inform you of the status of your claim every step of the way.
Contact Rhine Law Firm for a Free Consultation
If you or someone you know was seriously injured in a pedestrian accident, you need the services of an experienced pedestrian accident lawyer at Rhine Law Firm, P.C. Our office is conveniently located in Wilmington, NC, at 1612 Military Cutoff Road, Suite 300. Schedule a
Claiming Compensation After an Accident
Claiming compensation after a pedestrian accident is possible, but can become tricky due to the fact that North Carolina is a state that operates under contributory negligence. While other states will simply deduct an amount from any compensation granted, North Carolina does not grant any compensation in contributory negligence cases.
In order to claim compensation, the injured party must be able to prove that negligence on the driver’s part caused the accident, and that he or she was injured as a result. He does not have to prove that he was following the law, but it’s important that he was.
This is because the driver and his or her legal team will likely try to prove that the pedestrian was not following the law at the time of the accident. If the pedestrian was jaywalking, walking on the wrong side of the road, or otherwise disobeying traffic laws and signals, he can be found partly responsible for the accident. And this might prohibit him from filing a claim.
Contributory negligence may be waived by the courts when children are victims of pedestrian accidents.
Our Promise to You
For the Legal Facts, Call Rhine Law Firm, P.C.
We are proud to serve the people of North Carolina.
Although our primary office location is in Wilmington, North Carolina we represent clients nationally and across the state of North Carolina. Some of the many areas we serve are listed below.
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