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Reputable Pedestrian Accidents Lawyer Serving North Carolina
You understand how painful the experience may be if you have ever been a pedestrian hit by a car or if you have seen a loved one hit by a car. If the automobile driver caused the pedestrian accident due to negligence or recklessness, you may be entitled to file a lawsuit and seek financial compensation for your medical costs and other connected costs. A trusted pedestrian accidents lawyer in Greenville, North Carolina can provide you with legal assistance.
In North Carolina, pedestrians have legal rights, and motorists who disregard these rights have to be held responsible. At Diener Law, we have experienced NC pedestrian accidents lawyers who can help you hold the at-fault driver accountable and seek monetary compensation for medical expenses, lost income, pain and suffering, and other losses.
For years, we have assisted North Carolina pedestrians who have been hit by vehicles. You can seek compensation from the negligent driver for pedestrian injuries with the assistance of our knowledgeable pedestrian accidents lawyer.
Why Do I Need a Pedestrian Accidents Lawyer in North Carolina?
Some personal injury claims in North Carolina can be settled without a lawyer. But if any of the following apply to you, hiring our knowledgeable pedestrian accident lawyer would likely be advantageous.
Sustenance of Severe or Catastrophic Injuries
Pedestrians are exposed to significant, potentially deadly injuries from collisions with moving automobiles since they are unprotected. The most frequent injuries suffered in pedestrian accidents are broken bones, concussions, severe spinal cord, neck, and back injuries, limb loss or amputation, lacerations, road rash, and severe contusions.
If you or a loved one was seriously harmed in a pedestrian accident, your major priority must be your recuperation, which necessitates prompt and adequate medical attention. Call our Diener Law office right away so that we can take care of your legal issues while you concentrate on your recovery.
To pursue compensation for your injuries, it is essential to prove that another motorist was to blame for the accident. Once we take the case, our legal team will thoroughly investigate the circumstances surrounding the accident to determine who is to blame.
We’ll speak with witnesses, gather tangible evidence from the crash site, and look for any possible security camera video. To assess the severity of your injuries and your potential future medical requirements, we will review your medical records.
Need a Fair Settlement Immediately
If your claim wasn’t denied, the insurance company’s next move is to offer you a low-ball settlement. Never accept anything less than a reasonable settlement offer for the injuries you sustained in a pedestrian accident. Our North Carolina pedestrian accidents lawyer has experienced putting together demand packets that completely outline and document the scope of your losses and injuries.
Our methodology and experience enable us to gather the backing required to ask for the maximum permitted by law. We are skilled at using the law and relevant evidence to get the insurance company to treat you fairly. Once an offer is made, we can assist you in assessing it and formulating a plan to bargain with the at-fault party’s insurance carrier.
If you or a loved one was struck by a car in North Carolina, the pedestrian accident lawyer at Diener Law can review the details of the pedestrian crash and discuss your legal options.
Assistance In Pursuing Justice In Every Way Possible
At Diener Law, our skilled pedestrian accidents lawyer will assess all the insurance plans that could be able to pay you compensation.
For instance, hit-and-run drivers have been involved in certain pedestrian incidents. The uninsured motorist (UM) section of your vehicle insurance policy may be used to pursue financial compensation for your injuries if you were hit by a driver who left the scene and was not caught. Unidentified hit-and-run drivers are covered under uninsured motorist protection.
We will send a demand letter outlining your current and potential damages as a result of the accident to the proper insurance company or companies. We’ll attempt to negotiate a comprehensive resolution for your losses. If the insurance provider disputes the claim, we are ready to file a lawsuit and represent you in court to obtain justice.
A Lawsuit Must Be Filed
Sometimes, the at-fault party’s insurance provider just won’t make a fair settlement offer. You just won’t be treated properly in these situations until you file a lawsuit and be ready for trial.
Our skilled pedestrian accidents lawyer in Greenville, NC will move quickly and have everything prepared to file a lawsuit on your behalf if a pre-suit settlement cannot be achieved.
You can be confident that any potential evidence will be located and preserved with the help of our knowledgeable pedestrian accident attorney so the best case possible may be constructed for your lawsuit.
What Defines a Pedestrian?
Many people mistakenly believe that a pedestrian is someone who is walking. Anyone who is not riding in a motor vehicle is considered a pedestrian in legal terms. That implies that practically everyone, including bikers, skateboarders, and rollerbladers, is a pedestrian.
What are North Carolina’s Pedestrian Laws?
In North Carolina, it is legal for both pedestrians and drivers of motor vehicles to utilize the roadways. Therefore, they must follow state and local traffic laws to share the road safely.
- Oncoming traffic. When facing oncoming traffic, pedestrians should walk on the left side of the road.
- Compliance with traffic signs and signals. Traffic signs and signals must be complied with by pedestrians. Pedestrians facing the light have the right-of-way to cross the street when the signal indicates walking at junctions and crossings in North Carolina that have specific pedestrian-control signals installed. Pedestrians must wait until the signal indicating don’t walk has passed before beginning to cross a road.
- In the absence of pedestrian-control signals. Pedestrians should adhere to the traffic control signals or signage at junctions and road crossings without specific pedestrian-control signals.
- Vehicles must stop for pedestrians. North Carolina traffic laws mandate that, in the absence of traffic signals, vehicles yield to pedestrians using either a designated crosswalk or an unmarked crosswalk at or close to a junction. This is of course if the vehicle will be an obstruction to other vehicles, then pedestrians must give way to avoid vehicular collisions or traffic.
- When approaching alleyways, driveways, and entries. Drivers must surrender the right of way to pedestrians crossing a sidewalk or driveway when they are approaching from an alley, a driveway, or a building entry.
When a negligent driver violates traffic regulations and hits a pedestrian, they may be held responsible for the victim’s injuries. A pedestrian accidents lawyer at Diener Law can review the details of your pedestrian accident and discuss your legal rights to seek compensation.
What Are the Risk Factors for Pedestrian Accidents?
Anyone can get involved in a car accident while walking, but some factors increase your risk:
Crosswalks that are well marked can lower danger if everyone utilizes them properly. This isn’t always the case, however. Occasionally, people who are crossing the street think that since they are at the crosswalk, automobiles will automatically stop for them. However, pedestrian fatalities may result when that doesn’t happen.
Another problem is that, despite what the crosswalk sign states, some pedestrians assume they may cross if they don’t see any oncoming traffic.
The danger of getting hit while walking is higher in lower-income neighborhoods than it is in higher-income ones. According to one survey, the nation’s poorest neighborhoods had a pedestrian death rate that was about twice as high as that of middle-class districts and nearly three times as high as that of higher-income neighborhoods.
This is said to be due to a lack of funding for road upkeep and design, which results in fewer well-designated crosswalks and sidewalks.
You may be aware of the risks associated with driving after drinking, which can result in incidents involving pedestrians. However, drunk pedestrians also run a higher danger. Of course, if you’ve had a drink, you could feel that walking home is safer than driving. There is no doubt that it is safer for other motorists.
However, drinking may also impair balance and coordination, and in some situations, a drunk person may be more likely to trip and fall when using the sidewalk. Additionally, they might be less able to respond quickly to danger, such as a vehicle coming their way.
The safest ways to go home are to make plans for a designated driver, utilize a ride-sharing app, or if it’s possible and safe to do so, stay the night where you are.
We are all aware of the dangers of texting and driving. But much like with drinking, distracted pedestrians who are glued to their phones run more of a danger. Focus on the surroundings and the road, especially when crossing a street.
You can put off checking your phone until you arrive home, or at the very least, until you’re securely outside.
The Driver Did Not See the Pedestrian
This may be troublesome even if no one is using their phone as a distraction. Sometimes the vehicle scans the area before turning but just misses the walking. Perhaps they resemble their environment.
There can be anything in the way, such as a thick tree limb or a shed, that prevents the motorist from seeing the pedestrian. Weather-related or other problems that cause poor vision might potentially be a concern.
Some more recent vehicles, particularly hybrid or electric models, feature remarkably silent motors. Although the absence of noise may please the car owners, it makes it difficult for pedestrians to hear a car approaching. For hearing-impaired pedestrians, the risk is significantly greater.
What Are the Common Causes of Pedestrian Accidents in North Carolina?
Two of every five people killed in motor vehicle crashes in North Carolina cities are pedestrians. Children, the elderly, and drunk pedestrians make up the majority of those killed. Accidents involving pedestrians can occur at any time, however, the majority take place at night in cities at non-intersections.
The common causes of pedestrian accidents include:
A driver making a left turn can be preoccupied with approaching traffic and fail to notice a pedestrian crossing the street. Drivers frequently trample on a pedestrian’s right of way in left-turn accidents.
A pedestrian with a green signal to advance must be given the right of way by a motorist making a right turn. Drivers may attempt to turn right and strike a person who has entered a crosswalk or roadway if they fail to keep an eye out for pedestrians entering the road.
A mobile phone or another electronic gadget can divert attention from both the motorist and the pedestrian. Cell phone or headphone use impairs a pedestrian’s ability to hear oncoming vehicles and avoid being struck.
Speeding drivers have less time to react to avoid a pedestrian on the road, such as someone who emerges from behind a car abruptly. A pedestrian hit by a fast car is more likely to suffer serious or even fatal injuries.
A child running out into the roadway after a ball or a person trying to cross the street in the middle of a block both run the risk of being hit by a moving car. Numerous incidents involving pedestrians happen in places other than intersections when cars are not accustomed to seeing pedestrians.
Parking Lot Accidents
Drivers may miss a pedestrian crossing the street behind them if they are preoccupied with driving out of a parking space.
Drivers have a responsibility to watch out for pedestrians who are utilizing the road. However, times of poor visibility provide a danger to individuals walking. At night, when the majority of pedestrian accidents happen, it might be difficult to spot a person wearing dark clothing. When traveling at night, pedestrians should wear brightly colored, reflective clothes and have a flashlight with them.
According to the Centers for Disease Control and Prevention, an intoxicated driver or pedestrian was involved in nearly half of accidents that result in a pedestrian’s death. A pedestrian accident might be the result of an intoxicated driver or pedestrian.
What Are the Common Injuries for North Carolina Pedestrian Accident Victims?
Compared to those who are inside motor vehicles when they are hit, pedestrians are more likely to die or sustain serious injuries when they are struck by cars or other vehicles. Since they are not covered by cars or safety equipment, pedestrians are particularly at risk.
Traumatic Brain Injuries
A pedestrian accident victim may hit their head against the ground or another hard surface, which frequently results in a traumatic brain injury (TBI). The symptoms, which might endure from a few days to several decades, may include the following:
- Loss of consciousness
- Memory loss
Spinal Cord Injuries
After suffering trauma to their backs, many pedestrian accident victims are hospitalized with spinal cord injury and exhibit symptoms like:
- Loss of bladder control
- Loss of bowel control
- Problems breathing
Internal Organ Injuries
Walkers who are involved in a car or truck accident frequently have torso injuries. Internal organs damaged by this strain include the liver, lungs, heart, and intestines.
Scars, fractured bones, and other forms of facial deformity are common among pedestrian accident victims. Plastic surgery and mental therapy typically go hand in hand for recovery since this condition can be particularly unpleasant, both physically and psychologically.
Arms and legs are frequently injured in accident victims. When the physician can’t treat the pedestrian injury or in other extreme cases, unfortunately, amputation is the result.
What Do I Do After a Pedestrian Accident?
When you sustain injuries in a pedestrian accident in North Carolina, you can take measures to safeguard your legal rights to compensation. Following a pedestrian accident, you should do the following:
- Call the Police. Inform the police about the accident, and keep a copy of the police crash report. Obtain the names and phone numbers of everyone involved. Obtain the names and contact information of any witnesses as well.
- Document the Scene. Take pictures or videos of the accident area, including the motor vehicle involved, any road debris or skid marks, the crossing markings and traffic signals nearby, as well as the weather and lighting conditions at the time of the accident.
- Seek Medical Attention. As soon as you can, go to the hospital to get any injuries examined by a doctor. Take pictures of any obvious wounds. Do as instructed regarding your therapy and do not skip any suggested medical appointments.
- Gather Information on Your Damages. Keep copies of any expenses you spend, including hospital bills and other invoices, as well as pay stubs or income statements if you experience income loss as a result of the accident.
- Keep the Information Between You and the Officials. Avoid sharing information on social media regarding the accident, your injuries, or your legal claim since it could be used against you later. Do not give a statement to the driver’s insurance company without speaking to our skilled pedestrian accidents lawyer.
- Obtain Legal Assistance from a Lawyer. Work with our skilled North Carolina pedestrian accidents lawyer who can uphold your rights and seek the highest settlement amount possible to help you with your recovery.
How to Prove Liability in Pedestrian Accident Cases?
Drivers who are distracted by their cell phones are frequently to blame for the pedestrian crash because they are not paying attention at crosswalks. If it is their turn to cross, a pedestrian is legitimately in the crosswalk. The chance of striking a person crossing the street while driving while inattentive is increased. Motor vehicle accidents involving pedestrians frequently happen in more remote areas without sidewalks.
When the Pedestrian is At-Fault
While these tragic accidents are often the fault of the motorist, a pedestrian is not automatically blame-free in a traffic accident. Drivers and pedestrians both have responsibilities, and if any one of them breaches those responsibilities, they may be held accountable for the car-pedestrian accident.
If a pedestrian crosses a highway without a traffic light, against a traffic signal, or while jaywalking, they would be held responsible for the collision. A pedestrian would also be held responsible for a motor vehicle accident if they were strolling on a bridge, a motorway, or any other place where it is against the law to do so unless there is an emergency.
Any of these actions would be considered pedestrian negligence. Contacting our knowledgeable pedestrian accidents lawyer to discuss liability in an individual’s case can be essential.
According to this rule, any negligence, no matter how minor, on the side of a victim of an accident, will prevent that person from receiving compensation from other at-fault parties. For instance, if a pedestrian was injured while jaywalking and the motorist was speeding, the pedestrian would not be entitled to any compensation. This is a very harsh rule and very few states apply it (Alabama, Maryland, North Carolina, Virginia, and Washington D.C.)
According to this rule, the plaintiff’s degree of liability influences the overall sum that can be eventually recovered from additional at-fault parties. The great majority of states adhere to one of the two variants of this rule.
Modified comparative negligence stipulates that before the plaintiff may get compensation, the plaintiff’s degree of culpability must fall under a certain limit. This requirement is frequently 50%, depending on the state. Therefore, if the plaintiff is more than 50% responsible for the accident, they are not entitled to any compensation.
However, if they are only 50% at fault (or less), they are still entitled to compensation from other parties, however, the overall amount of damages will be diminished by the injured party’s percentage of fault.
How Your Own Insurance Coverage Could Help?
In a pedestrian accident, you would typically seek compensation from the car that hit you. You could, however, additionally or seek compensation from your own auto insurance coverage depending on the situation. Because coverage is frequently triggered by any kind of motor vehicle-related event, auto insurance policies will typically include coverage for an accident you were hurt in while a pedestrian.
MedPay and UM/UIM Coverages
For instance, regardless of who caused the accident and your injuries, you might be able to utilize the MedPay coverage you added to your vehicle insurance policy to pay for your medical expenditures. You can also be qualified to make a claim under the uninsured motorist (UM) or underinsured motorist (UIM) coverage in your auto policy if the at-fault driver does not have enough insurance to cover all of your costs and damages or if the driver has no insurance coverage.
When you have UM or UIM coverage, your insurance provider effectively assumes the role of the at-fault driver’s insurance provider and pays you the damages you would typically be able to claim from the other party’s insurance provider.
How Can I Reduce the Risk of Pedestrian Accidents?
Although not all pedestrian accidents can be prevented, following this advice can help you reduce the risk as much as you can:
- Make yourself visible day and night. Make every effort to be seen, especially if you frequently run or walk after dark. Sunrise and sunset are also dangerous times to be outside since there is occasionally light but not enough to see properly. Wear luminous clothing or adorn your existing attire with reflective patches.
- Teach your children how to cross the street properly. Make sure your children understand the importance of always looking both ways before crossing the street if you have any.
- Use crosswalks at all times. When possible, use the crosswalks, but always pay attention to oncoming traffic; never trust that a car will stop.
- Avoid distractions, and focus on the road ahead of you. When you’re walking, pay attention to your surroundings. Some individuals like wearing headphones or earbuds while walking and listening to music, but doing so might make it difficult to hear a car approaching. Another distraction that puts you in danger is staring at your phone. The best course of action is to put off using devices until you reach home. When outside, keep an eye and an ear out for indicators of oncoming vehicles.
- Slow down when approaching turns. Before making a turn when driving, pay close attention. Even if you have the light, slow down if you observe people crossing the street as you approach. If a pedestrian abruptly comes out in front of you, be ready to stop. This is also a smart move if you observe someone strolling beside the road or on the shoulder; if they trip or fall into the road, you should be moving at a slow enough speed to stop in time.
- Be a responsible driver. Rear-view cameras shouldn’t be your only source of information when backing up, especially if you’re close to a school, child care center, or other locations where young children may be present. After checking your mirrors, turn and look. Don’t drive carelessly, at excessive speeds, or by ignoring stop signs or red lights. Avoid distractions when driving and pay attention to the road.
Pursuing Compensation After a Pedestrian Accident
If you have been injured in a pedestrian accident, you may be entitled to financial compensation for your losses and expenditures. On your behalf, our competent North Carolina pedestrian accidents lawyer will seek full compensation.
- Costs of medical treatment and rehabilitation of injuries (including surgery, physical therapy, and prescription medications)
- Costs of long-term care for permanent disabilities caused by the injuries you suffered in a pedestrian accident.
- Compensation for loss of income, and lost wages from missed work while recovering from a pedestrian accident
- Loss of future earning ability due to long-term injuries or disabilities
- Physical pain and emotional distress caused by your injuries and subsequent treatment
- Loss of enjoyment or quality of life due to disabilities or disfigurement or scarring
Diener Law also helps North Carolina families who have suffered a devastating loss in a fatal pedestrian accident. Families in such situations shouldn’t have to shoulder the financial burden left by the wrongful death of a loved one. In these situations, we assist families in bringing wrongful death lawsuits to seek justice.
What is the Time Limit for Filing a Pedestrian Accident Lawsuit in North Carolina?
You have three years under North Carolina’s Statute of Limitations to initiate a lawsuit for injuries sustained in a pedestrian accident. You run the risk of losing the ability to pursue financial compensation for your losses and injuries if you wait too long to file a lawsuit or if the deadline passes.
It is crucial to contact our North Carolina pedestrian accidents lawyer right away because of this. It takes a lot of time and effort to research and prepares a legal claim to back up your case. By getting legal counsel right away, you can maximize your chances of victory
Contact Our Dedicated Pedestrian Accidents Lawyer in North Carolina Today!
Our skilled pedestrian accidents lawyer is committed to helping our clients rebuild their lives as much as possible in the wake of pedestrian accidents. To help guarantee you have the best chance of receiving the compensation you need for medical bills, any lost wages from missing work, and other expenditures or injuries, it is crucial to make sure your financial requirements are taken care of as well as the particular components of your claim. Anyone who has suffered a major injury will relate to how hard it may be to move on.
Diener Law is ready to offer personalized service, access to accident reconstruction specialists, qualified medical personnel, and qualified expert witnesses. It may be critical to the outcome of your case to speak with our pedestrian accidents lawyer before going to trial. Contact our offices right away to schedule a consultation in North Carolina.