North Carolina Pedestrian Accident Attorneys

Understanding Your Legal Options After a Pedestrian Accident

According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 pedestrians die, and nearly 65,000 are injured in motor vehicle accidents each year. At Hyland, Padilla & Fowler, PLLC, our personal injury attorneys in North Carolina possess more than 50 years of combined experience and are dedicated to providing knowledgeable representation for pedestrian accidents. Pedestrian accidents are often the result of a complex interaction of factors, including driver behavior, road conditions, and pedestrian actions. Understanding these complexities can significantly affect legal proceedings and compensation outcomes.

Injured in a pedestrian accident in North Carolina? Call Hyland, Padilla & Fowler, PLLC today at (919) 891-8361 or contact us online for a FREE consultation!

When Pedestrian Fault Isn’t the End of Your Claim: Understanding Liability in Accidents

As a pedestrian, you must follow specific safety guidelines while navigating the streets. Understanding your duty of care can help ensure your safety and protect your legal rights if you're ever involved in an accident. These guidelines not only serve to reduce the risk of injury but also play a key role in determining fault in pedestrian accident claims. Here's what you need to know about your responsibilities as a pedestrian and how they may impact your case. 

The Pedestrian’s Duty of Care Includes:

• Walking on the correct side of the road (facing oncoming traffic) without sidewalks.
• Using marked crosswalks when crossing the street.
• Abiding by the “Walk/Don’t Walk” signals at traffic lights.

Even if a pedestrian darts out in front of a vehicle, disrupts the flow of traffic, or jaywalks and is injured in an accident, he or she may still have a claim. The complexities of traffic laws and the nuances in pedestrian rights and driver responsibilities can play a crucial role in such situations, making it important to consult with legal professionals familiar with these cases. The personal injury lawyers in North Carolina at Hyland, Padilla & Fowler, PLLC can answer your questions and discuss your options for pursuing compensation.

Thorough Pedestrian Accident Investigation by North Carolina Lawyers

Drivers must also exercise a reasonable duty of care while driving to help prevent an accident. This means drivers must not speed, drive under the influence of alcohol or drugs, disregard weather or traffic conditions, drive while distracted, or ignore traffic signals and signs. Negligent driving behavior can have serious consequences, not just for pedestrians but also for drivers, who may face significant legal liabilities. The injured party may seek compensation if a driver’s negligence causes an accident. At Hyland, Padilla & Fowler, PLLC, our North Carolina pedestrian accident attorneys thoroughly investigate the accident by examining photographs of the scene, talking to witnesses, and analyzing police reports and other documents. This meticulous approach ensures that all aspects of the accident are considered and your rights are safeguarded throughout the legal process.

Common Causes of Pedestrian Accidents in North Carolina

Pedestrian accidents can occur due to a multitude of reasons. In North Carolina, some common causes include distracted driving, impaired driving, and failure to yield right-of-way to pedestrians. Drivers may also be unfamiliar with pedestrian-heavy areas, making these zones particularly dangerous if proper attention is not given. Additionally, poor visibility conditions such as rain or fog often exacerbate the risk, with pedestrians less likely to be seen by motorists. These scenarios highlight the necessity for drivers and pedestrians to remain vigilant and attentive.

Neighborhood design also significantly affects pedestrian safety. Areas lacking sufficient crosswalks or pedestrian signals are more prone to accidents. In bustling urban areas, traffic congestion can increase the likelihood of accidents as drivers become impatient. Communities must endeavor to improve road safety for pedestrians through proper urban design and enhanced traffic regulations.

Types of Damages You May Be Entitled to in a Pedestrian Accident

If you've been injured in a pedestrian accident, it's essential to understand the different types of damages available to you. Compensation can go beyond medical bills, addressing various aspects of your recovery. Here are some of the damages you may be entitled to pursue:

• Medical expenses
• Damages for permanent injuries
• Pain and suffering
• Loss of earnings

Understanding the extent of damages in pedestrian accidents is crucial for securing fair compensation. All possible impacts, including emotional distress and long-term rehabilitation needs, must be documented. Our legal team at Hyland, Padilla & Fowler, PLLC works diligently to ensure that no aspect of your suffering is overlooked, providing the support needed to rebuild your life.

Steps to Take After a Pedestrian Accident in North Carolina

The moments following a pedestrian accident can be confusing and stressful. First and foremost, prioritize safety by moving to a secure location if possible and seeking medical attention immediately, even if injuries are not apparent. Remember that some injuries, such as head trauma, may not manifest symptoms until later.

It is crucial to document the details of the accident meticulously. Take photographs of the scene, collect contact information from witnesses, and file an accident report with local authorities. These steps are vital groundwork for any future legal proceedings. Finally, consult with knowledgeable North Carolina pedestrian accident attorneys at Hyland, Padilla & Fowler, PLLC, who can guide you through the legal process while ensuring your rights are upheld.

If you’ve been involved in a pedestrian accident, let our North Carolina pedestrian accident attorneys help you navigate your claim. Reach out today to discuss your legal options.

Frequently Asked Questions About Pedestrian Accidents in North Carolina

How Can I Establish Fault in a Pedestrian Accident?

Establishing fault in a pedestrian accident often involves proving negligence. This can include showing that a driver ignored traffic signals, failed to yield right-of-way, or was inattentive. Evidence such as eyewitness testimony, surveillance footage, and traffic accident reports can be crucial. An experienced attorney can help compile and analyze this evidence, assisting in pursuing justice and fair compensation for injuries sustained.

How Long Do I Have to File a Pedestrian Accident Claim in North Carolina?

In North Carolina, the statute of limitations for filing a pedestrian accident claim is generally three years from the accident date. It's essential to adhere to this timeline, as filing beyond this period may result in the forfeiture of your right to pursue compensation. It is advisable to initiate legal action well before the deadline to ensure that all evidence is preserved and the claim is thoroughly prepared.

What Should I Do If the Driver Flees the Scene After Hitting a Pedestrian?

A hit-and-run scenario where the driver leaves the scene can be alarming. Report the incident to the police immediately and provide any details you can recall about the vehicle and driver. Seek medical attention and document your injuries. While the situation can complicate the process of claiming compensation, pursuing a claim through your insurance policy is still possible if you have uninsured motorist coverage. Engaging a skilled attorney can be invaluable in navigating these complexities and enhancing your chance for a successful claim.

FREE CASE EVALUATION