Most pedestrians who are injured in a car accident by a driver don’t know they may be entitled to compensation via a personal injury claim against the at-fault party responsible for their injury. Knowing where to file a claim, what evidence is needed, and if you even have a valid claim are all misgivings that many pedestrian injury victims have, but a Cornelius pedestrian accident lawyer can answer them all and help you file your claim.
The Law Office of William T. Corbett, Jr., P.L.L.C., is a personal injury law firm with over 30 years of experience and has litigated in over 200 jury trials. Our practice has a reputation for strong negotiating skills. We use it to our advantage. We are known for our consistent representation, protection of our clients’ interests, and advocacy of their rights.
Every year, an estimated 2,000 pedestrians are involved in car accidents, and more than 100 pedestrians are killed in these accidents, while as many as 300 pedestrians are seriously injured. In 2023, 250 pedestrians were killed on North Carolina roadways. In 2022, 29 pedestrians were killed in Mecklenburg County, the second highest in the state.
Because of these statistics and an increase in crashes involving pedestrians, North Carolina has made a conscious effort to prevent pedestrian injuries and fatalities. The Watch for Me NC is one campaign that was established to promote statewide pedestrian and bicycle safety awareness.
Vision Zero is a more progressive effort. The campaign hosts the annual North Carolina Traffic Safety Conference, is home to the North Carolina Vision Zero Leadership Institute, and celebrates such events as National Distracted Driving Awareness Month in April.
In addition to bringing awareness of pedestrian and roadway safety, the initiative aims to eliminate injuries and deaths caused by traffic accidents to zero. This is done by improving the roadways and raising the safety standards of transportation. Projects include adding sidewalks that reduce crashes involving pedestrians by 65-89%.
In North Carolina, pedestrians, by law, have the right of way at crosswalks without or with signals. When there is no walk/don’t walk directional sign, pedestrians are expected to follow the flow of traffic via the traffic light signals. Drivers are always expected to watch for pedestrians and signal them with a horn if they are in the roadway.
The only time pedestrians don’t have the right of way is when they are crossing a road and there is no marked crosswalk, or when there is otherwise, for instance, a designated bridge for pedestrians. When there is no sidewalk present, pedestrians, by law, must walk on the left side of the road, facing traffic. When pedestrians break these laws and cause an accident, they can be at fault and potentially ordered to pay damages for the drivers’ or other pedestrians’ injuries.
These are the kinds of laws insurance companies try desperately to prove that pedestrian accident injury claimants didn’t follow. An experienced Cornelius pedestrian accident lawyer can prevent this in many cases by proving the liability of the driver. An ideal attorney knows the ropes of the legal system in Cornelius and has successfully won similar cases.
There is a three-year statute of limitations in North Carolina for filing a personal injury claim for a pedestrian accident. You don’t want to wait this long, though, if you can help it because evidence can be harder to obtain the longer you wait. For instance, eyewitnesses may forget what they saw or disappear and be harder to contact after so long.
North Carolina law states that failure to yield to a pedestrian can result in a fine between $100 and $500, even when, for instance, a pedestrian is only halfway through an intersection and the light turns green. This can lead to one point on the driver’s license. Other penalties may be added for additional laws broken or if the pedestrian is hurt or killed.
North Carolina does not put a cap on the amount of compensation someone can get for pain and suffering in personal injury claims. If you cannot come to an agreement with the insurance company on a settlement that you believe compensates your pain and suffering, call and speak to an attorney who has experience in negotiating with insurance adjusters.
A pedestrian who is struck by a car going 20 mph has a 46% chance of being moderately injured, such as suffering from a potential concussion or broken bone. The same person has an 18% chance of a more severe injury. At 35 mph, a pedestrian’s risk of moderate injury is 86% and of serious injury 67%.
In North Carolina, there is no law that makes it illegal to hit a pedestrian. However, if a driver injures a pedestrian, there would be consequences. Depending on the situation, the driver could also be ticketed or arrested for breaking other laws, such as driving under the influence, running a red light, or hit-and-run. If a pedestrian is killed by a car, in some cases, the driver could face serious charges, such as vehicular manslaughter, for example.
If you were injured by a vehicle as a pedestrian or were involved in an accident due to a pedestrian’s reckless behavior and suffered losses, you have rights. It is your right to file a personal injury claim, which could potentially recover your lost wages, reimburse your medical expenses, recoup damages for pain, and/or recover other losses such as property damages.
Contact The Law Office of William T. Corbett, Jr., P.L.L.C., to discuss your potential pedestrian personal injury claim. We have what it takes to build your case with you and potentially recover a decent settlement for your claim.