Being struck by a car while walking can leave you with painful injuries, medical bills, and time away from work. You may also be unsure what steps to take to protect your rights. At NC Car Accident Lawyers, we understand how a pedestrian accident can affect you and your family.
Our legal team helps pedestrians injured by careless drivers. Whether you were hit while crossing a street, walking through a parking lot, or traveling along a roadway, you deserve clear information about the steps you can take.
In this guide, we explain pedestrian rights in North Carolina, including the rules that drivers must follow. We will also discuss what to do after being hit by a car, what compensation may be available for your injuries, and how our Charlotte pedestrian accident lawyers can fight for you.
What Are Your Rights as a Pedestrian in North Carolina?
North Carolina drivers must watch for people walking and take reasonable steps to avoid hitting them. Pedestrians must also follow traffic signals and use crosswalks when required.
What Drivers Must Do to Protect Pedestrians
North Carolina drivers must follow traffic laws and watch for people walking near roads, intersections, and driveways. Even when pedestrians do not have the right-of-way, drivers must take reasonable care to avoid hitting them. Here are some important rules drivers must follow.
- Drivers must yield to pedestrians using crosswalks.
- Drivers must obey traffic lights and watch for pedestrians crossing legally at intersections.
- Drivers entering or leaving driveways must yield to pedestrians crossing their path on a sidewalk.
- Drivers must pay attention to pedestrians on the road and take reasonable precautions to avoid hitting them.
- Drivers should also use their horn when necessary to warn someone of danger.
- Drivers should be cautious around vulnerable pedestrians, such as children, people with disabilities, or the elderly.
- Drivers generally cannot pass a vehicle that has stopped to let a pedestrian cross at a crosswalk.
What Pedestrians Must Do to Stay Safe
Pedestrians also have responsibilities under North Carolina law. They must follow pedestrian signals and obey traffic rules when crossing streets. When crossing outside a crosswalk, pedestrians generally must yield to vehicles. In areas between nearby intersections controlled by traffic signals, they must use a marked crosswalk.
Pedestrians should also use available sidewalks rather than walking in the road. If there is no sidewalk, they should walk along the left side of the road, facing oncoming traffic, when practicable.
Steps to Take After a Pedestrian Accident in Charlotte
Being hit by a car while walking can leave you shaken and unsure what to do next. If you are involved in a pedestrian accident in Charlotte, taking a few important steps can help protect your health and legal rights.
Get to Safety and Call 911
If you can move safely, get out of the road and away from traffic. Call 911 if you or anyone else is injured or needs emergency help. Even if your injuries seem minor, take the accident seriously. Some injuries, including head injuries and internal bleeding, may not cause obvious symptoms right away.
Get Medical Attention
Seek medical care as soon as possible after a pedestrian accident. If you have serious injuries, wait for emergency responders rather than trying to get to a hospital on your own. Follow your doctor’s treatment recommendations and attend follow-up appointments. Keep copies of medical records, bills, and other documents related to your injuries.
Report the Accident to the Police
Call the police to report the collision, especially if you have been injured. In Charlotte, you can call 911 for emergencies. If the situation is not an emergency, contact the appropriate police department for guidance. Give officers an accurate account of what happened and ask how you can obtain a copy of the crash report. This report may help document the collision.
Gather Information and Evidence
If you are physically able, collect information that may help explain how the accident happened. You do not need to do this yourself if you are seriously hurt. Useful evidence may include:
- The driver’s name, contact information, license plate number, and insurance details
- Names and contact information for anyone who witnessed the accident
- Photos of the accident scene, the vehicle involved, the crosswalk, traffic signals, and your visible injuries
- Nearby businesses or homes that may have security cameras showing the collision
Write down what you remember about the accident while the details are still fresh. Avoid guessing about details you are unsure of.
Be Careful When Speaking With Insurance Companies
The driver’s insurance company may contact you to ask questions or request a statement. You can provide basic information, but avoid speculating about what caused the accident. Consider speaking with a lawyer before agreeing to a settlement or signing documents that could affect your rights.
Keep Records of Your Expenses and Recovery
Save documents related to the accident and how it has affected your daily life. These may include medical bills, prescription receipts, proof of missed work, and records of transportation costs for medical appointments.
You can also keep notes about your pain, physical limitations, and activities you can no longer do comfortably. These records may help show how the accident has affected you.
How Our Charlotte Pedestrian Accident Lawyers Fight for You
After a pedestrian accident, dealing with injuries, medical bills, and lost income can feel overwhelming. Our team helps injured pedestrians and families pursue compensation. We communicate with adjusters, organize evidence, and guide you through the process.
Gathering Evidence to Support Your Claim
Proving what happened in a pedestrian accident often requires more than a police report. Our attorneys can investigate the crash, review the available information, and look for evidence that helps explain how the collision occurred. We can also identify witnesses, contact people who saw the accident, and look for nearby businesses that may have security camera footage of the incident.
Depending on the circumstances, our legal team may collect evidence such as:
- Photos and videos of the scene
- Cell phone records in distracted driving accidents
- Photos and video of the accident scene
- Witness statements
- Surveillance footage from nearby businesses, homes, or other cameras
In some cases, our lawyers work with accident reconstruction specialists who can analyze the physical evidence.
Dealing With Adjusters and Negotiating a Settlement
After a pedestrian accident, the driver’s insurance adjuster may contact you to ask questions, request documents, or discuss your injuries. The process is confusing, and a mistake may undermine your claim. Our lawyers can handle these communications and review documents.
Our pedestrian accident attorneys will calculate your losses and negotiate for a settlement that reflects your injuries and related expenses. If negotiations do not lead to a fair resolution, we can file a lawsuit. Most cases do not go to trial. Skilled legal representation can make all the difference in negotiations.
What Compensation Can Injured Pedestrians Recover?
If you are injured in a pedestrian accident in Charlotte, you may be able to seek compensation for the financial losses and personal hardships caused by the crash. The amount you can recover depends on the severity of your injuries, how they affect your ability to work, and the evidence supporting your claim.
Depending on your circumstances, a pedestrian accident claim may include:
- Medical bills: Emergency treatment, hospital stays, surgery, physical therapy, and future care.
- Lost wages: Income you lost while recovering.
- Future lost income: Financial loss if you cannot return to your previous job or earn the same income.
- Pain and suffering: Physical pain, emotional distress, and the ways your injuries affect your daily activities.
In some cases, injured pedestrians may also be eligible for punitive damages under North Carolina law. These damages are intended to punish especially wrongful behavior and discourage similar conduct. For example, a court may award punitive damages if the driver was drunk.
What If You Lost a Loved One in a Pedestrian Accident?
Losing a loved one in a pedestrian accident is devastating. Under North Carolina law, surviving family members may be able to receive compensation through a wrongful death case if another person’s wrongful act or negligence caused the death. The personal representative of the deceased person’s estate typically files the claim.
A wrongful death claim may help recover expenses related to the final injury, funeral and burial costs, lost income the deceased would reasonably have been expected to earn, and compensation for lost care, companionship, and guidance.
When Is the Deadline for a Pedestrian Accident Lawsuit in North Carolina?
In North Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. The time limit for wrongful death lawsuits is typically two years from the person’s death. Some cases may have different deadlines depending on the circumstances.
If you miss the deadline, you may lose your right to recover compensation in court. Even if the time limit seems far away, it is best to speak with a pedestrian accident lawyer as soon as possible. Gathering evidence, obtaining medical records, and investigating the crash can take time.
Contact NC Car Accident Lawyers for a Free Consultation
If you were injured in a pedestrian accident in Charlotte, our team at NC Car Accident Lawyers is ready to help. We fight for clients throughout North Carolina. We understand that medical bills and lost income can create financial stress after an accident. That is why you pay no attorney’s fees unless we win your case.
Contact us today to schedule a free consultation. Our legal team can review your case, answer your questions, and explain your options.
