Gastonia Pedestrian Accident Lawyer

Experienced Pedestrian Accident Attorney in Gastonia, NC

A Skilled Gastonia pedestrian accident lawyer can help injured pedestrians determine who was at fault for the collision and seek compensation for their losses. Pedestrians can enter traffic while crossing major roads like Franklin Boulevard, New Hope Road, and U.S. 321, but they can also encounter motorists while walking near Gastonia’s downtown area, shopping centers, schools, apartment complexes, and homes.

Pedestrians offer drivers very little protection upon impact, so injuries are common even when vehicles are moving slowly.

North Carolina Pedestrian Accident Lawyer

Roberts Law Firm, P.A. has served clients throughout the Carolinas for over 40 years. We handle personal injury cases and workers’ compensation claims, including cases involving pedestrians struck by negligent motorists.

Personal injury matters are handled on a contingency fee basis, so there are no upfront fees and clients do not owe any legal fees unless we recover compensation on their behalf, so you can focus on recovery.

North Carolina Pedestrian Accident Laws

Drivers and pedestrians must follow traffic laws designed to promote safety. N.C.G.S. § 20-173 places several duties on drivers and states that a driver must yield the right-of-way to pedestrians within crosswalks:

• When traffic signals are not working
• When there are no traffic signals at a crosswalk
• When signage instructs a driver to yield
• When a pedestrian is already in the crosswalk
• When a pedestrian is on the sidewalk, and it crosses the end of an alley, road, or driveway

Pedestrians have duties as well. N.C.G.S. § 20-174 establishes that pedestrians crossing outside of a marked crosswalk or qualifying unmarked crosswalk at an intersection should yield the right-of-way to vehicles in certain circumstances. For instance, if a sidewalk is available, pedestrians should utilize it and not walk adjacent to the cars in the street.

Where no sidewalks exist, pedestrians using a highway should, if practical, walk on the outermost left side or shoulder, facing the traffic that could be coming up behind them.

However, the law also states that drivers must still use due care to avoid hitting pedestrians. Pedestrians do receive protection under the law. For example, drivers should take proper precautions when they know or should know that a child or confused/confused pedestrian may enter or is on the roadway.

Liability in a Pedestrian Accident

In North Carolina, intersections account for 880 pedestrian-related collisions annually on average, or almost 40% of all pedestrian-related collisions. Intersections account for an average of 47 pedestrian deaths annually, or around 23% of all fatalities involving pedestrians.

Determining liability often depends on the facts and circumstances surrounding the collision. One motorist may be liable for careless or illegal driving that causes harm to a pedestrian. For instance, a pedestrian might be hit because a driver was speeding, didn’t stop at a crosswalk, was distracted behind the wheel, drove under the influence, or turned without looking for people on foot.

Drivers are not always liable for pedestrian collisions. Investigators may look at where the pedestrian crossed, whether traffic lights controlled the intersection, how fast the motorist was going, weather and lighting conditions, and the actions of both people immediately before the crash occurred.

What if the Pedestrian Was Not in the Crosswalk?

Not using a crosswalk does not necessarily mean that a pedestrian has no claim. However, jaywalking or crossing outside of a marked crosswalk can significantly affect who was at fault. Pedestrians should yield the right-of-way to vehicles when outside a crosswalk. At the same time, motorists must also use due care to avoid hitting pedestrians.

One question in these cases could be whether the driver had sufficient time and distance to see the pedestrian and stop. Common questions that may be asked include: 

• Was the vehicle speeding?
• Does the damage to the car indicate that the driver hit the brakes?
• What was the sight distance like?
• Were headlights and streetlights working?
• Are there video cameras or surveillance footage that captured the collision?

When analyzing these questions, key evidence can help in determining the cause, particularly statements from those who witnessed the accident.

Contributory Negligence in North Carolina Pedestrian Accident Cases

North Carolina follows the contributory negligence rule, so assigning liability can be critical. Under this doctrine, an injured person may be barred from recovering compensation if his or her own negligence contributed to causing the accident.

Insurance companies may look for reasons to blame the pedestrian for crossing against a traffic light, walking into traffic suddenly, using the wrong side of the street, or taking some other action that contributed to the accident. An allegation of contributory negligence, however, does not prove that the pedestrian was legally negligent.

Evidence should be carefully reviewed to establish what happened and who was at fault. Maybe the driver was speeding, distracted, or driving under the influence. Perhaps the motorist did not have sufficient time to stop because he or she failed to see the pedestrian who was otherwise in a place where they had the right to be. Either way, all the facts should be properly analyzed to get an accurate picture of what occurred.

Common Injuries in Pedestrian Accidents

A pedestrian may suffer multiple impacts in a traffic collision. The driver may first strike the person’s legs or torso, but subsequent harm can occur when the pedestrian collides with the car’s hood, windshield, and the ground, particularly if they were dragged or thrown a considerable distance. Common injuries after a pedestrian accident include:

• Road rash
• Broken bones
• Internal injuries
• Spinal cord injuries
• Traumatic brain injuries
• Cuts and lacerations

Some injuries require emergency care, surgery, and hospitalization. Others may require lengthy physical therapy. Permanent brain or spinal injuries can impact a person’s ability to perform their job or complete everyday tasks.

Medical records can help prove the nature and extent of injuries. Documentation from treating physicians can help establish the cause of injuries, recommended treatment, prognosis, and estimated future medical needs.

Compensation for a Pedestrian Accident Claim

Pedestrians who are hurt due to negligence can pursue damages for economic losses and noneconomic harm. Economic damages cover losses that are easier to calculate as they typically come with a decided cost through an invoice or bill. Noneconomic losses cover those that do not have a readily available cost attached to them but can still be claimed for the impact they have caused on the victim’s life. Damages include:

• Medical bills
• Emergency room visits
• Rehabilitation
• Surgeries
• Property damage
• Pain and suffering
• Lost wages

Some accidents create long-term harm. A victim may need ongoing care, resulting in future medical bills. Injury-induced limitations may affect a person’s ability to work. A claim can include future medical expenses and losses related to reduced earning capacity when the evidence establishes permanent impairments. Each claim is unique and should be calculated based on injuries and the resulting impact on the victim’s life.

Hire a Pedestrian Accident Lawyer

A pedestrian injury claim can involve contested right-of-way laws, allegations of contributory negligence, significant medical injuries, and a dispute with an insurance company over adequate compensation. An attorney can investigate the crash, secure any video and records that may exist, interview witnesses and police, review the relevant insurance policies, and document your damages.

A Gastonia pedestrian accident attorney can also communicate and negotiate with insurance carriers on your behalf. In cases where responsibility is debated, a legal professional can review any data related to the driver’s speed, distraction, impairment, or failure to yield. If an adequate settlement cannot be reached, an attorney can file a claim and deal with any court filings required for litigation.

FAQs

Can a Child Be at Fault for a Pedestrian Accident in North Carolina?

Whether or not a child may be at fault for a pedestrian accident in North Carolina depends on several different factors. North Carolina law provides rules that apply when determining whether a child’s actions contributed to an accident. For example, whether a child was negligent generally is not determined by the same standard used for adults. The age, capability, experience, and ability to understand danger of a child may become factors to consider.

Can I File a Pedestrian Accident Claim if I Was Hit in a Parking Lot?

You can file a pedestrian accident claim if you are hit in a parking lot. Pedestrian accidents can happen anywhere, not just in streets or crosswalks. Drivers must still exercise due care when driving in parking lots. Some accidents occur when drivers back up out of parking spaces without looking, drive too fast through parking aisles, or don’t see pedestrians.

Who Is at Fault if I Am Hit by a Delivery Truck?

If you were hit by a delivery truck, the truck driver may not be the only party responsible. Their employer may also be responsible depending on the facts of the case. Commercial insurance policies may also provide coverage in addition to what the driver’s personal insurance policy covers. Factors that play into who is responsible include the driver’s actions leading up to the accident, who owns the vehicle, and what the driver was required to do while on the job.

Can Poor Road Conditions Contribute to a Pedestrian Accident?

Poor road conditions can possibly contribute to a pedestrian accident. Failing traffic lights, missing signs, blocked sightlines, or other conditions could cause some accidents. Claims against government agencies have additional rules that should be considered in these types of accidents. You may have a case against a government entity if the negligence of a government employee caused your accident.

Gastonia, NC Related Pedestrian Accident Resources:

• Pedestrian Accidents in North Carolina: Know Your Rights
• What to Do After Being Hit by a Drunk Driver in NC
• Gastonia Car Accident Statistics

Gastonia Pedestrian Accident Lawyer

If you were injured in a pedestrian accident in Gastonia, Roberts Law Firm, P.A. can help. Contact us today for a free consultation.