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Last Modified on Mar 09, 2026
Walking should be a simple, safe way to travel, explore, and get active during your day. However, when a driver is negligent, pedestrians in North Carolina can suffer severe consequences ranging from lifelong injuries to serious medical debt. Because navigating pedestrian accidents in North Carolina involves complex liability laws, legal deadlines, and insurance negotiations, it’s crucial that victims understand their rights after an accident.
An Overview of Pedestrian Accidents in North Carolina
In 2024, 2,507 pedestrians were injured or killed in a North Carolina traffic accident. Nationally, about one in five traffic fatalities involves pedestrians. After being involved in a pedestrian crash, identifying the cause of an accident can help you establish the at-fault driver’s liability later on. Common factors that contribute to a crash in a pedestrian accident case include:
- Distracted driving or cell phone use
- Speeding
- Impaired driving
- Low visibility
- Lack of sidewalks and crosswalks
- Drivers failing to yield the right of way
What to Do After a Pedestrian Accident in North Carolina
With high levels of adrenaline and physical injuries, it can be difficult to know what to do after being involved in an accident. If you’re able, it’s important to keep these tips in mind and take whatever action you’re able to in order to protect your well-being and your future legal claim:
- Move to a safe location away from traffic.
- Contact the police.
- Receive medical attention for any injuries, regardless of whether you feel pain in the moment.
- Exchange contact and insurance information with the at-fault driver.
- Gather the contact information of any witnesses.
- Take photos of the scene of the accident, vehicle damage, and visible injuries.
- Take note of the time and exact location of the accident.
When you are out of immediate danger, and it is practical to do so, you should hire a trusted pedestrian accident lawyer for guidance. The lawyers at Roberts Law Firm, P.A., can help recover evidence from the scene of the accident, communicate on your behalf with insurance companies, and begin building a claim as soon as you begin talking.
How Filing a Claim Helps You Recover After a Pedestrian Accident
Pedestrian accident laws in North Carolina allow victims the right to file a civil claim to pursue damages after an accident. Pedestrian accident claims must be filed against the party responsible for causing the crash, which is typically a negligent driver. Filing a successful claim can support your recovery by securing the financial compensation you need to cover the damages you’ve sustained.
When you hire a pedestrian accident lawyer from Roberts Law Firm, P.A., we can help you create a comprehensive list of your damages. By supporting your claim with medical records, bills, pay stubs, repair invoices, and other evidence, we can prove the severity of your damages and secure the compensation you’re owed. The main types of damages available in pedestrian accident cases are:
- Economic Damages. Economic damages are financial losses, including medical bills, lost wages, loss of earning potential, or property damage.
- Non-Economic damages. You also have the right to claim non-monetary damages such as pain and suffering, psychological disorders, long-lasting trauma, and a lowered quality of life.
- Punitive Damages. These damages are only available in cases where the at-fault driver was extremely negligent. A common case where punitive damages apply includes if the at-fault driver was driving under the influence.
Hire a Pedestrian Accident Lawyer You Can Trust
For over 40 years, Roberts Law Firm, P.A., has represented injury victims across North Carolina. With extensive knowledge of local accident laws and an unparalleled dedication to holding negligent drivers accountable, our attorneys can pursue the compensation you deserve while you focus on recovering. We know how emotionally challenging these accidents can be, which is why we provide compassionate guidance and representation throughout your claim.
FAQs
Is North Carolina a No-Fault State for Car Accidents?
No, North Carolina is not a no-fault state for car accidents. North Carolina is an at-fault state, which allows victims to file claims through the at-fault party’s insurance rather than their own. Being an at-fault state means more of your damages can be covered, such as pain and suffering. However, at-fault claims are more complicated, as you must establish the at-fault driver’s liability through presenting evidence from the scene of the accident.
Do Pedestrians Always Have the Right of Way in North Carolina?
No, pedestrians do not always have the right of way in North Carolina. Pedestrians must yield to drivers when they are not crossing at a crosswalk and by using a sidewalk rather than walking on the road when possible. However, drivers must take precautions to prevent an accident, even if a pedestrian does not technically have the right of way, such as when they are jaywalking.
Can a Pedestrian Be At Fault If They Are Hit by a Car in North Carolina?
Yes, a pedestrian may be found at fault if their negligent actions caused an accident in North Carolina. For example, a pedestrian may be at fault if they were jaywalking, darted into oncoming traffic, or disregarded traffic signals and were ultimately hit by a driver who was following traffic laws. While drivers do have a duty of care to prevent an accident, it is not always possible after a pedestrian’s reckless actions.
Can You File a Pedestrian Accident Claim After a Hit-and-Run in North Carolina?
Yes, you can file a claim after a hit-and-run pedestrian accident in North Carolina. Unfortunately, about 25% of pedestrian fatalities occur in hit–and-runs. A lawyer can help you identify the driver at fault by investigating evidence such as surveillance camera footage, police reports, or vehicle debris. However, even if the driver is not found, a lawyer can help you file through your own uninsured motorist coverage.
Speak With a Skilled North Carolina Pedestrian Accident Attorney Today
After being involved in a pedestrian accident in North Carolina, it’s vital that you take legal action to secure the compensation you need to recover properly. Contact the dedicated lawyers at Roberts Law Firm, P.A., today to schedule a consultation and learn how we pursue compensation and justice for injury victims throughout North Carolina.
