Raleigh Pedestrian Accident Attorneys

Helping the Catastrophically Injured Since 1999

Anytime pedestrians must share the roadway with motorists, they are at risk. Sadly, thousands of pedestrians are involved in pedestrian-vehicle collisions every year in North Carolina, and many of these incidents lead to catastrophic injury and death. 

At Hyland, Padilla & Fowler, PLLC, we understand how serious pedestrian accidents are, as well as the many unique challenges injured victims and their families face. If you or someone you love was hit by a negligent or reckless motorist, you shouldn’t have to face the aftermath of the accident on your own—and our team can help you seek the fair compensation you are owed. To date, our Raleigh pedestrian accident lawyers have recovered more than $40 million in compensation for our clients; learn how we can help you with your claim today.

Call our office today at (919) 891-8361 or use the contact form here on our website to request a free initial consultation. Se habla español.

Pedestrian Laws in Raleigh

Pedestrians generally have the right of way at marked or unmarked crosswalks. This means vehicles must yield to pedestrians who are lawfully crossing the street.

Drivers are typically required to exercise extra caution in school zones and near school crossings, yielding to pedestrians and obeying reduced speed limits.

Pedestrians should use crosswalks when available and obey traffic signals and pedestrian crossing signs. At intersections without traffic signals or crosswalks, they should yield to vehicles if crossing outside designated areas.

Pedestrians must obey pedestrian signals at intersections, waiting for the "walk" signal to cross and stopping at the "don't walk" or flashing hand signal.

Pedestrians are generally required to use sidewalks where provided. If there are no sidewalks, pedestrians should walk facing oncoming traffic, staying as far to the left as possible.

What Are the Leading Causes of Pedestrian Accidents? 

Most pedestrian accidents are caused by negligence. 

Some examples include: 

• Distracted driving 
• Texting or using a cellphone while driving 
• Failing to yield the right of way 
• Drunk driving 
• Speeding 
• Unsafe or illegal turns 
• Failing to keep a proper lookout 
• Failing to stop at red lights, stop signs, etc.
• “Rolling” stops 
• Inexperienced drivers 
• Reckless or aggressive driving 

The risk of becoming involved in a pedestrian accident increases with poor visibility, whether due to inclement weather, it being the evening or nighttime, or other factors. Pedestrians should always use caution when crossing intersections and roadways and should refrain from crossing outside of marked or unmarked crosswalks. Additionally, pedestrians should never “dart out” into a roadway, or suddenly leave a sidewalk or another place of safety and enter a roadway when oncoming vehicles cannot reasonably stop or yield. 

Determining Fault in a Pedestrian Accident Claim 

Under North Carolina pedestrian accident laws, motorists must yield to pedestrians whenever it is reasonably safe and/or possible to do so. However, pedestrians are also required to follow certain laws meant to keep them safe. This includes refraining from crossing outside of marked or unmarked crosswalks at intersections or against red or “do not walk” signs. When either party fails to follow the law or acts negligently, they could be partly to blame for a resulting accident. 

Determining who is at fault for a pedestrian accident usually involves identifying the exact cause of the collision, as well as any underlying factors that may have contributed to the incident. To do this, our Raleigh pedestrian accident attorneys investigate the scene of the crash and gather important evidence, such as police reports and witness statements, to uncover what occurred. We also work with accident reconstruction experts to rebuild the scene and determine whether the motorist acted negligently or wrongfully in some way. 

Can You File a Pedestrian Accident Claim If You Were Jaywalking? 

Although motorists in North Carolina have a duty to drive with caution and take all possible measures to avoid hitting pedestrians, pedestrians do not always have the right of way. This includes when a pedestrian illegally crosses a roadway, i.e., outside of a marked or unmarked crosswalk at an intersection or against a red light, “do not walk,” or “wait” signal. 

Known as “jaywalking,” crossing outside of a marked or unmarked crosswalk—or crossing a roadway between two adjacent intersections with working traffic control devices—is illegal in most areas of North Carolina. If you were jaywalking when you were hit, you may not have grounds for a personal injury claim.

Other ways a pedestrian can be liable for a pedestrian accident include:

• Crossing Against Signals: Ignoring pedestrian signals or crossing against traffic lights can contribute to accidents and result in liability for the pedestrian.
• Darting into Traffic: Suddenly entering the roadway without giving vehicles enough time to react can lead to accidents for which the pedestrian may be responsible.
• Walking While Intoxicated: Just as impaired driving is illegal, impaired walking can also result in accidents. Pedestrians who are intoxicated and behaving recklessly on or near roadways may be held liable.
• Ignoring Right of Way: Pedestrians who fail to yield the right of way to vehicles when necessary, such as when crossing outside of marked crosswalks where vehicles have the right of way, can be found at fault in accidents.
• Negligent Behavior: Engaging in distracting activities such as texting while crossing the street, or otherwise failing to exercise reasonable care for one's own safety, can contribute to accidents and liability for the pedestrian.
• Walking in Prohibited Areas: Pedestrians who walk in areas where pedestrian access is prohibited, such as highways or certain restricted zones, may be held responsible for any accidents that occur as a result.

Under North Carolina’s rule of contributory negligence, you cannot recover compensation for your damages if you were even partly at fault for the incident that led to your injuries. Because jaywalking is illegal in most of the state, you would likely be found at least partially to blame for the accident. As a result, the insurance company would almost certainly deny your claim. However, there are some instances in which pedestrians are not considered at fault for these types of collisions, even if they were crossing outside of a marked or unmarked crosswalk. We encourage you to contact Hyland, Padilla & Fowler, PLLC right away to learn more. 

Common Pedestrian Accident Injuries 

Pedestrians are entirely unprotected when it comes to collisions with large, heavy, fast-moving motor vehicles. As a result, they often suffer catastrophic and fatal injuries when they are involved in pedestrian accidents. 

Some of the most common types of injuries arising from these types of accidents include: 

• Broken bones
• Head and traumatic brain injuries
• Concussions
• Spinal cord injuries
• Lacerations and bruises
• Internal organ damage
• Joint or ligament damage
• Whiplash 
• Nerve damage
• Strains and sprains
• Torn muscles and tendons
• Amputations
• Friction burns (“road rash”)
• Psychological trauma

At Hyland, Padilla & Fowler, PLLC, we help our clients seek maximum compensation for their injuries and related damages, such as medical expenses, lost income/wages, loss of earning ability, physical pain and mental suffering, emotional distress, disfigurement, and more. 

How the Pedestrian Accident Lawyers at Hyland, Padilla & Fowler, PLLC Can Help 

Getting back on your feet after a pedestrian accident can be incredibly difficult. In addition to needing extensive medical treatment and facing weeks, months, or even years off work while you recover, you are likely facing significant physical and emotional difficulties. At Hyland, Padilla & Fowler, PLLC, we strive to ease the recovery process and reduce the stress you are under as we help you seek the fair compensation you are owed. 

Our Raleigh pedestrian accident attorneys are here to help you during this difficult time. In addition to representing severely injured pedestrian accident victims, we assist surviving family members throughout Wake County in bringing wrongful death lawsuits against liable parties after fatal pedestrian accidents. No matter how challenging your case may be, our team is ready to fight for you.

Contact us online or by phone at (919) 891-8361 today to get started with a free consultation.