Pedestrian and Crosswalk Accidents

If you were injured while crossing or walking along a roadway, you have the right to receive compensation under North Carolina for your injuries from the negligent driver. The experienced pedestrian accident lawyers at Counsel Carolina Injury Law can help.

Our compassionate team understands how a pedestrian accident can change your life. We help recover damages for medical expenses, lost wages, pain and suffering, permanent disability, or punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your pedestrian accident injuries. As former insurance defense attorneys, we know how to fight for every penny you deserve.

With offices in Raleigh and Hickory, Counsel Carolina Injury Law serves all of North Carolina. Our pedestrian accident attorneys are available whether you are a resident or were injured while visiting.

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Our North Carolina Pedestrian Accident Settlements & Verdicts:

Pedestrian Safety: What Causes Pedestrian Accidents?

One of the main causes of pedestrian accidents in North Carolina is distracted driving. With the proliferation of smartphones and other electronic devices, drivers are increasingly distracted by their devices while driving. This can lead to them not paying attention to pedestrians in the road, which can result in serious accidents.

Another cause of pedestrian accidents in North Carolina is impaired driving. Alcohol and drug use can impair a driver’s judgment and reaction time, making it more likely that they will be involved in a pedestrian accident.

Another factor that contributes to pedestrian accidents in North Carolina is the lack of safe infrastructure for pedestrians. Many roads in the state do not have dedicated pedestrian walkways or crossings, forcing pedestrians to walk in the roadway. This puts them at increased risk for accidents, particularly in areas with high traffic volumes or high speeds.

Common Pedestrian Accident Injuries

Pedestrian accidents can have serious consequences for those involved. In addition to significant financial costs for victims and their families, serious physical injuries can also occur. Some of the most injuries our pedestrian injury attorneys see in their cases are:

  • Back and spine injuries
  • Neck injuries
  • Brain injuries (concussions and traumatic brain injuries or TBI)
  • Sprained and bruised knees, ankles, wrists, hips, and shoulders
  • Broken bones
  • Burns
  • Eye injuries
  • Hearing loss
  • Amputations
  • Chest and abdominal injuries
  • Anxiety and psychological injuries

A Guide to Pedestrian & Crosswalk Accident Claims

Most pedestrian accident victims have questions about how they should approach their legal options. Here’s what our team of Raleigh injury lawyers believe you should know:

The initial moments and days after your pedestrian accident are critical, not only for your well-being but for your chances for compensation, as well. These are the most important steps to take after your accident:

  • Take photos of your injuries.
  • Visit a doctor if you haven’t already.
  • Follow the doctor’s recommendations and attend all follow-up appointments.
  • Write down a narrative of what happened while it’s still fresh in your head.
  • Make a list of witnesses and their contact information if you know it.
  • Follow any additional instructions from your attorney.

Pedestrian accident liability in North Carolina is determined by the state’s laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a pedestrian accident.

According to North Carolina’s laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the pedestrian accident.

Here’s how the general pedestrian accident claim process works:

  1. Notify your insurance carriers.
  2. The insurance adjuster inspects vehicles and estimates damages.
  3. If there are injuries, the pedestrian receives medical treatment.
  4. Once the medical treatment is concluded or the pedestrian reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled.
  5. If the bodily injury claim is not settled, then a lawsuit is filed.

Hiring an experienced North Carolina pedestrian accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Our pedestrian accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, we can take the weight and burden of the legal aspects of your case off your shoulders, so you can focus on your recovery.

Pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the pedestrian accident injury.

You have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages.

There is no magic formula for calculating pain and suffering. In general, pain and suffering is proportional to the injuries you suffered. Sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. Our Raleigh pedestrian accident lawyers have experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations.

Yes! But it might not be easy, which is why you need an experienced Raleigh crosswalk accident attorney involved. If you have been involved in an accident as a pedestrian, you were likely told by an insurer that your claim is barred by your contributory negligence. That isn’t true in every case.

Contributory Negligence for Pedestrians
This is a harsh rule that can be used to bar an injured party’s claim if he or she is even 1% at fault. With respect to pedestrians, the most common arguments for contributory negligence are that the pedestrian was crossing illegally, was not watching for traffic, or attempted to cross without warning to the driver. Because of the harsh nature of contributory negligence, it is important that pedestrians know and follow the law regarding safe crossings. However, even if the pedestrian was negligent in crossing the roadway, they may still prevail in a lawsuit if they can establish that the driver was reckless or had the last clear chance to avoid the accident.