North Carolina Pedestrian Accident Laws – All You Need to Know

No matter what city or county you live in, North Carolina pedestrian accident laws are the same, but they do change from time to time, and understanding them can be difficult. The underlying key, though, is awareness and compliance. If we can get those two things down, the streets of North Carolina will be safer for pedestrians and drivers alike.

Right of Way

When pedestrians have the right of way, it means that drivers must yield to them. A common misconception, though, is that pedestrians always have the right of way, but this is not always true. Drivers should always yield to pedestrians when possible, but the law does require pedestrians to consciously follow pedestrian laws, which don’t always give them the right of way.

Pedestrians do have the right of way in crosswalks and intersections where traffic signals are present. However, when there is an alternative means to cross the street specifically designated for pedestrians, such as the Rail Trail pedestrian bridge in Charlotte, they are expected to use that method. When they are at intersections where cars are driving and not following the proper route for pedestrians, they don’t have the right-of-way in the street.

Crosswalks

Crosswalks are an important component of road safety for pedestrians and drivers. While they’re not always clearly marked or present at all, when they are, care should be taken to follow the laws surrounding crosswalks. The North Carolina Office of State Human Resources reports that 75% of pedestrian fatalities occur outside an intersection. Thus, when pedestrians use crosswalks, they are overall safer.

It is also important for pedestrians and drivers to make eye contact with each other when they are sharing the road. When pedestrians make eye contact with drivers, they establish a mutual understanding that they’re both using the roadway and that they see each other. It’s important for pedestrians to make sure they are in the line of sight of drivers and not in a blind spot or out of visibility.

Speed

It is common sense that the faster a car goes, the more severe an injury will be if they have an impact on a pedestrian. The NC Vision Zero initiative reports that a person who is hit by a car driving 32 miles per hour has a 75% chance of living. However, when a driver going 42 mph hits a pedestrian, that pedestrian has a 50% chance of dying on impact.

One of the biggest causes of car accidents nationwide is speeding. Following speed limit laws and other traffic laws helps drivers to be more aware of the roadways and pedestrians. In areas where pedestrians would potentially be crossing, speed limits are typically lowered. When drivers pay attention to the speed limits and follow them, they aren’t going too fast to slow down for pedestrians or too fast to see pedestrians when they come upon them.

Practices for Safe Roads

Pedestrians are also expected to use the sidewalk if one is available, and North Carolina law requires those walking on roadways to walk on the left side of the road facing traffic. Failure to follow such roadway laws could result in the pedestrian being at fault if an accident occurs. This is why it is important for pedestrians to understand and follow the laws just as much as it is for drivers to do so.

Consequences of Breaking North Carolina Pedestrian Accident Laws

When a driver fails to follow pedestrian laws and causes an accident, they are typically held liable for the damages and injuries incurred by their disregard for pedestrian laws. Likewise, when a pedestrian fails to follow proper laws on the roads, and they are in an accident or cause an accident, they could be held liable as well. At-fault pedestrians are not as rare as one might think.

Drivers and pedestrians may not only face charges like assault with a motor vehicle or jaywalking and steep fines, but they can also be on the line for the damages that their irresponsible actions caused. The responsibility that comes with using the road, whether you’re walking, biking, or driving in a car, belongs to everyone. Pedestrians must follow laws and traffic signals just like drivers.

FAQs

What Happens If You Hit a Pedestrian in North Carolina?

When a driver hits a pedestrian in North Carolina, the driver could be charged with breaking North Carolina pedestrian accident laws, like speeding or failing to yield to pedestrians at a crosswalk. They could be held liable for personal injury and damages incurred by the pedestrian and other drivers. If the pedestrian was in the wrong and not following proper roadway safety laws, they could be held liable and responsible for personal injury and damages.

Do Pedestrians Have a Right of Way in North Carolina?

Pedestrians do have the right of way in NC in certain places, such as when using a crosswalk to cross the street or when traffic signals indicate pedestrian crossing. However, they don’t always have the right of way. In areas where there is a pedestrian bridge, for instance, the pedestrian does not have the right-of-way on the road.

What Happens If You Accidentally Hit a Pedestrian?

If a driver accidentally hits a pedestrian, an investigation will be held to determine who was at fault, the pedestrian or the driver. If it is found that the pedestrian was not obeying North Carolina pedestrian accident laws, the driver will not be held accountable unless extenuating circumstances are present, such as driving under the influence. However, if the driver was found to be driving irresponsibly, they will likely be held accountable and possibly charged and fined.

What Is the North Carolina 1% Rule?

The North Carolina 1% Rule refers to North Carolina’s Contributory Negligence Law that prohibits any party involved in an accident from collecting any liability damages if they are found to be even 1% at fault for causing the accident. When disputes over negligence occur, they are typically settled in court.

Get Experienced Legal Help

If you are seeking compensation for damages you experienced as a result of a pedestrian accident, whether you were the driver or the pedestrian, you may be entitled to compensation if you were not found liable in the accident. In this case, a good NC pedestrian accident laws attorney can negotiate an ideal settlement for you.

If you were found liable, you may still need an attorney to determine if you did, in fact, play a role in causing the accident. The Law Office of William T. Corbett, Jr., P.L.L.C., is a versatile law firm that can help you with your pedestrian accident case. Contact us immediately to discuss your legal rights and the direction of your case.