Denver Pedestrian Accident Lawyer

Experienced Pedestrian Accident Attorney in Denver

If you have been injured by a vehicle as a pedestrian, a Denver pedestrian accident lawyer can help you understand your rights. Pedestrian accidents can cause serious injuries and can occur along the Highway 16 business corridor, on North Little Egypt Road, or at busy intersections in Denver.

About The Law Office of William T. Corbett, Jr., P.L.L.C.

Injury attorney William T. Corbett, Jr. began practicing law in North Carolina in 1989 and has tried over 200 jury trials. With decades of experience with personal injury cases and North Carolina courtrooms, your case benefits from the seasoned advocacy our team brings. Our law firm serves clients across Lincoln, Iredell, Mecklenburg, and Rowan Counties. We can help you with your personal injury legal matters.

Pedestrian Accidents in Denver

Denver has seen growth in residential areas and homes near Lake Norman, but with more traffic has also come more chances for pedestrian collisions. Heavy traffic can occur along Old 16 and the Bypass, and at intersecting roads near local shopping centers. Dangerous areas exist when walking to restaurants, parks, schools, or local businesses.

Sometimes cars fail to stop at crosswalks, become distracted behind the wheel, or simply miss seeing someone when turning through an intersection. Pedestrian accidents can cause traumatic brain injuries, broken bones, spinal cord injuries, internal injuries, and a variety of other serious injuries. Injuries suffered during a crash, even at low speeds, can result in extensive medical treatment and long recovery times.

In 2024, there were 2,445 pedestrian accidents, with 284 of these being fatal and 2,120 resulting in injuries in North Carolina.

Pedestrian Accident Laws in North Carolina

Multiple laws can come into play when filing a pedestrian accident claim in North Carolina. North Carolina General Statute § 20-174 requires drivers to use reasonable care not to collide with pedestrians and gives drivers a duty to warn when necessary. The law specifies how pedestrians should yield to right-of-way vehicles if they are crossing the street away from a crosswalk. N.C.G.S. § 20-173 defines pedestrians’ right-of-way at crosswalks.

North Carolina follows the doctrine of pure contributory negligence. This prevents someone who is even partially at fault for causing an accident from recovering monetary damages. Because contributory negligence is such a critical factor in pedestrian accident claims, meticulously examining the accident’s details becomes incredibly important.

Insurance companies also consider these laws when deciding how to handle a pedestrian accident claim. They review the actions of both the driver and pedestrian to determine if anyone failed to follow traffic laws.

Common Causes of Pedestrian Accidents

A pedestrian accident can happen for many reasons. Generally speaking, pedestrians are expected to walk and cross safely, in designated spaces, and drivers are expected to exercise alertness and caution, especially in crosswalks for the safety of pedestrians. However, accidents still occur. Some common causes of pedestrian accidents include:

• A driver running a red light or stop sign
• A pedestrian crossing the street in the middle of the road, instead of at the crosswalk
• A pedestrian crossing when the driver has the right of way, such as at a green light
• A driver speeding
• Driving distracted
• Inclement weather or poor visibility

Determining the cause of a crash often requires gathering information from multiple sources. Gathering and examining witness statements, police accounts, footage from nearby security cameras, information on vehicle damage, and evidence from the accident scene can all help reconstruct the incident.

Damages Available in a Pedestrian Accident Claim

If you are injured in a pedestrian accident and are not deemed to be at fault, compensation may be available to you to help cover your losses. Both economic and non-economic damages may be available depending on the losses you have suffered. These include:

• Medical bills
• Rehabilitation
• Lost wages
• Loss of earning potential
• Pain and suffering
• Wrongful death

The total payout from a claim can be impacted by insurance coverage limits and disagreements over who is at fault.

FAQs

Are You Always at Fault for Hitting a Pedestrian?

No, a driver is not always at fault for hitting a pedestrian. It depends on the facts of the collision. While drivers are obligated to use due care, pedestrians can be negligent too. For instance, if a pedestrian ran into the middle of a busy intersection, the driver may not be held liable if they hit them. There is often evidence used, such as witness testimony, videos, and police reports, to establish fault.

Do Pedestrians Always Legally Have the Right of Way?

No, pedestrians do not always have the right of way. In North Carolina, pedestrians are granted the right of way when using marked crosswalks, unmarked crosswalks at intersections, and when crossing with the aid of a traffic signal. However, pedestrians have a duty to obey traffic control devices and should not enter the path of a car suddenly when it is unsafe.

What Should I Do Immediately After a Pedestrian Accident?

Immediately after a traffic accident, you should seek medical attention right away. It is possible that you could have injuries, even if you do not feel them right away. Also, seeking medical attention gives you documented, accurate proof of injuries sustained should you choose to file a legal claim. Report the accident to law enforcement and gather the contact information of the driver who hit you. Document the scene with pictures and video if you can.

Can I Still Recover Compensation if I Was Not Crossing in a Crosswalk and Was Hit?

It is possible to still recover compensation if you were not crossing in a crosswalk when you were hit. North Carolina is a pure contributory negligence state. If the injured person is found to have played any role in causing the accident, they may be barred from recovery. However, drivers have a duty of care to avoid hitting pedestrians by braking, swerving, or sounding their horn if they have the opportunity to do so.

Hire a Pedestrian Accident Lawyer

When you hire a pedestrian accident lawyer, they can provide many benefits during what can be an overwhelming time. An attorney can see that vital deadlines are met and that procedural rules are followed throughout the legal process.

Your Denver pedestrian accident attorney can work to negotiate with insurance companies using evidence from your case and litigate the claim in court if a reasonable settlement cannot be agreed upon. The Law Office of William T. Corbett, Jr., P.L.L.C. is here to help if you have been involved in a pedestrian accident. Contact us today for more information.