North Carolina Pedestrian Accident Attorneys

Why Do Pedestrian Accidents Happen in North Carolina?

Pedestrians should never have to feel unsafe when crossing roads or navigating their communities on foot. After all, motorists have a legal duty to yield to pedestrians, even when a driver has the right of way. Unfortunately, many drivers fail to uphold this responsibility and think of pedestrians as an afterthought. When a driver’s negligence results in a collision, an injured pedestrian has the right to sue the at-fault party and seek compensation for damages.

Our North Carolina pedestrian accident attorneys are prepared to represent you if you suffered injuries because of:

• Intoxicated driving. A driver under the influence of drugs or alcohol is far less likely to be able to respond in time if a pedestrian enters their vehicle’s path. 
• Distracted driving. Motorists who text while driving or do not pay attention to the road may miss pedestrians exercising their right to cross a street until it is too late. 
• Fatigued driving. An exhausted driver will have a harder time focusing and responding quickly to potentially dangerous situations, including pedestrians unexpectedly crossing the street. 
• Excessive speeding. A driver traveling over the legal speed limit may not have enough time to stop when a pedestrian crosses the road.
• Failing to yield. Drivers must yield to pedestrians whenever possible, even if a motorist has the right of way and a pedestrian is breaking a traffic law. 

What Are Drivers’ Responsibilities to Pedestrians in North Carolina?

When we refer to the “right of way,” we are describing who has the right to advance when drivers and pedestrians meet. Who has the right of way depends on the circumstances, and both drivers and pedestrians are required to follow the state’s rules.

North Carolina enforces the following right-of-way laws involving pedestrians:

• At an intersection with traffic signals, pedestrians always have the right of way when they are presented with a green signal. Turning vehicles must allow pedestrians to pass. If the signal turns yellow or red while a pedestrian is already crossing, drivers must allow them to finish crossing. 
• At an intersection without traffic signals, pedestrians have the right of way.
• At mid-block intersections with marked crosswalks but no traffic signals, pedestrians have the right of way, and drivers must yield.
• In any situation where a pedestrian is crossing despite not having the right of way, drivers must warn the pedestrians with a honk. If a warned pedestrian does not move out of the way, the driver must stop and yield.  

Can I Recover Damages If I Did Not Have the Right of Way?

Pedestrians are expected to observe traffic rules just like drivers. That means you must only cross the street when you have the right of way. If you are injured in a collision when you did not have the right of way, you, unfortunately, may not be able to recover any compensation, even if the other driver was intoxicated or behaving egregiously. This is the result of North Carolina’s contributory negligence rules, which bar an accident victim from obtaining compensation if they are found to have any shared fault in causing the collision. A pedestrian crossing without the right of way will almost certainly be found to share some percentage of the blame, preventing them from recovering damages. That is why it is important to choose a lawyer who has successfully* represented pedestrian accident victims. Our attorneys at Stewart Law Offices are familiar with how to effectively combat the arguments defendants will often use to imply even a tiny percentage of fault in these cases. 

We are available to discuss your case 24/7, so do not hesitate to give us a call at (803) 408-7352 or contact us online.