Pedestrians are the most vulnerable group of road users in the Carolinas. According to the North Carolina Office of State Human Resources (OSHR), a pedestrian is killed in North Carolina every 81 minutes. Pedestrian fatality statistics in South Carolina are even more shocking.
When a pedestrian is hit by a car, truck, or any other vehicle, they are at risk of suffering serious injuries such as broken bones, head trauma, and spinal cord injuries. In some cases, these injuries can even be fatal. Pedestrian accidents often occur due to driver negligence or recklessness, such as speeding or failing to yield to pedestrians in crosswalks. If you or a loved one has been involved in a pedestrian accident, it is important to seek legal help right away. You have the right to sue a negligent driver for damages, but you only have limited time to take legal action.
At Stewart Law Offices, we understand how devastating pedestrian accidents can be and the dramatic financial and practical consequences they can have on your life. From the moment you get in touch with us, we will work to take the burden off you and make every effort to secure the just compensation you deserve. That will typically involve holding the negligent driver accountable through a personal injury lawsuit, and our North Carolina pedestrian accident lawyers have the experience, drive, and resources needed to fight for an optimal outcome.
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.
We will treat you like we would our own family, giving you the compassion, respect, and attention your case demands.
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.
Pedestrian Rights and Responsibilities
North Carolina pedestrians have rights, but they also have responsibilities – and so do motorists. Motorists have a responsibility towards pedestrians, something many careless drivers need to remember. North Carolina has unique traffic laws protecting pedestrians and outlining the rights and responsibilities of both drivers and pedestrians when using local roadways.
Right of Way Laws in North Carolina
In North Carolina, pedestrians need to remember that they must obey the same signs and signals that motorists follow. For pedestrians, that means crossing streets at designated crosswalks when available and crossing with a green signal. At intersections without traffic signals, the rights of pedestrians in crosswalks dictate that pedestrians have the right of way. North Carolina law also specifies that pedestrians must use the sidewalk when available, never walking on the road when unnecessary.
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 866-783-9278 or contact us online.
What Damages Can I Recover For Pedestrian Accident Injuries?
To recover any damages, you must file a lawsuit against the negligent driver before the statute of limitations expires. In North Carolina, that means you will have three years from the date of the accident to start the legal process. If a pedestrian accident leads to fatal injuries, certain survivors of the deceased have two years from the date of the victim’s passing to bring a wrongful death claim.
Our North Carolina pedestrian accident lawyers will fight to get you full compensation for all economic and non-economic damages, including:
Past, current, and future medical expenses
Lost wages
Reduced earning potential
Property damage
Pain and suffering
Call Our North Carolina Pedestrian Accident Attorneys
Call our personal injury lawyers to help if you’re an injured pedestrian. You will not be charged any fees unless we win money for you, so request a free initial consultation by calling 866-783-9278 or contacting us online today. If you cannot come to our office, one of our attorneys is happy to come to you.
