Durham Pedestrian Accident Attorneys

Fighting on Behalf of Catastrophic Injury Victims 

Every year, thousands of pedestrians in North Carolina are hit by careless and reckless motorists, leading to severe bodily injury and death. At Hyland, Padilla & Fowler, PLLC, we strive to hold liable motorists accountable as we fight for fair compensation on behalf of the injured and the families of those wrongfully killed. If you or someone you love was involved in a pedestrian accident in Durham County, reach out to our team today to learn how we can help. 

Together, our attorneys have more than 50 years of legal experience and have recovered over $40 million in compensation for our clients. We are committed to providing every case with the personal attention it deserves, and we do everything possible to maximize our clients’ recoveries.

Find out how our Durham pedestrian accident attorneys can help you with your case; call (919) 891-8361 for a free consultation. Se habla español. 

Understanding North Carolina’s Pedestrian Laws

Although many people have heard the phrase, “pedestrians always have the right of way,” this is not exactly true. In fact, there are several circumstances in which North Carolina pedestrian laws require pedestrians to yield to motorists. 

Generally speaking, pedestrians have the right of way in North Carolina in crosswalks and at all intersections, as well as all driveways. However, they are required by law to yield the right of way to motorists in most other circumstances, including any time they are crossing a roadway outside of a marked crosswalk.

As a pedestrian, you have the right of way in the following circumstances: 

• When crossing on a green light or “walk” signal at an intersection
• When crossing in a marked or unmarked crosswalk 
• When crossing a driveway or alleyway opening 

Additionally, motorists must exercise reasonable caution and take all available measures to avoid hitting pedestrians whenever possible. If a motorist is found to have violated traffic laws, or if they were otherwise negligent, they could be held legally responsible for your injuries and related damages.

Common Causes of Pedestrian Accidents

 While there are many contributing factors to pedestrian accidents, the most common cause is negligent driving. When drivers don’t pay full attention to the road, pedestrians can easily be missed due to drivers not noticing them in their path.

Motorist negligence takes many forms. Some examples include: 

• Texting while driving
• Eating or drinking while driving
• Adjusting the radio or temperature in the car 
• Talking with passengers
• Taking eyes off the road to look at an advertisement, billboard, etc. 
• Not following posted speed limit signs 
• Driving under the influence of alcohol or drugs 
• Failing to properly check for pedestrians before turning or changing lanes 
• Failing to use turn signals when appropriate 
• Failing to yield the right of way to pedestrians
• Aggressive and reckless driving, including road rage behaviors
• Illegal or dangerous turns, passing, lane changes, etc.

External factors, such as poor visibility, inclement weather, and hazardous road conditions, can also contribute to collisions. However, motorists have a responsibility to adjust to unsafe conditions and drive with caution to avoid causing serious or potentially deadly accidents. When they fail to do so, they can be held accountable. 

Who Is Typically at Fault for a Pedestrian Accident? 

In most cases, the motorist is at fault for a pedestrian-vehicle accident. Because automobiles and other vehicles are far more likely to cause harm to a person on foot than vice versa, motorists have a greater duty of care to pedestrians than pedestrians have to motorists. 

That being said, there are certain circumstances in which a pedestrian may be partly or even entirely at fault for an accident. For example, if a pedestrian “darts out” from behind a parked car and suddenly enters the roadway, they could be considered partly at fault, as the motorist would not reasonably have had time to stop to avoid an accident. 

If you are found to be partly at fault for the collision, you cannot recover any compensation for your damages under North Carolina’s contributory negligence rule. For this reason, it is extremely important that you work with an experienced pedestrian accident attorney, like ours at Hyland, Padilla & Fowler, PLLC. An attorney can help gather important evidence to prove the other party’s fault and establish liability. Then, your attorney can use this evidence to build a solid case on your behalf and fight for the maximum compensation you are owed. 

Contact Our Pedestrian Accident Lawyers for a Free Consultation

If you were injured or if someone you love tragically passed away after being struck by a negligent motorist, reach out to the team at Hyland, Padilla & Fowler, PLLC as soon as possible. In North Carolina, you typically have just three years from the date of injury (or date of death) to file a personal injury or wrongful death lawsuit. The sooner you get in touch with our Durham pedestrian accident lawyers, the sooner we can begin preparing your case and fighting for your rights.

Our bilingual staff provides legal services in both English and Spanish, and we offer all our legal services on a contingency fee basis. This means that you do not pay any upfront or out-of-pocket expenses when you hire our firm. Instead, we only collect attorney fees if/when we win your case.

Call (919) 891-8361 or contact us online to request a free case evaluation with our team today.