Most North Carolina residents know that they have the right to pursue compensation after motor vehicle accidents caused by negligent or reckless drivers. However, many victims of pedestrian accidents are unaware that they have the same right. That’s why consulting with an experienced Hickory pedestrian accident lawyer can help you understand the full extent of your rights after a car accident involving a pedestrian.
At Law Office of Lyndon R. Helton, PLLC, our founding attorney and North Carolina native, Lyndon R. Helton, spent the earlier part of his career as a prosecutor and defense attorney for insurance companies, so he knows first-hand what the other side of the courtroom is looking for in personal injury cases. He has since focused his career on protecting the rights of injured victims in Hickory and the surrounding area for decades, and he will work to ensure the protection of your rights as well.
If you or a loved one have suffered a serious injury or wrongful death in a pedestrian accident, you may have the right to seek compensation under North Carolina tort laws. Reach out to a reputable personal injury attorney with thorough experience handling pedestrian auto accident cases. They can walk you through the necessary legal steps to take to receive the compensation you deserve so that you can focus on your recovery.
The majority of car accidents involving a pedestrian occur as a direct result of negligence committed by the at-fault or liable party, which means that they failed to exercise reasonable caution or appropriately obey the traffic laws during the incident. Some obvious examples of negligence are driving under the influence of alcohol or drugs, crossing the road illegally, or driving over the speed limit. Proving a party’s liability in a personal injury case, however, can be much more challenging.
In addition to ensuring that your constitutional rights are protected throughout the entirety of the legal process, proving liability for any damages caused by the opposing party due to negligent behavior is a personal injury lawyer’s primary responsibility. The damages you suffered must be demonstrated to have resulted directly from the defendant’s negligence.
Being able to successfully establish that liability is absolutely vital to the outcome of your case. Doing so will likely depend on whether they can obtain available physical evidence from the scene of the accident and from any witnesses.
If you were injured due to the negligence committed by a driver or a pedestrian and would like to file a personal injury claim against the at-fault party, proving liability may be more difficult, especially without a lawyer. Disputes often arise from the opposing party regarding the exact cause of the accident, and they may even attempt to paint you as partly to blame.
If there is any evidence that you also committed negligent behavior, you can be found partially responsible for the accident and the resulting damages. Under North Carolina law, this would prevent you from recovering any compensation for the accident.
An experienced personal injury lawyer can work tirelessly to prove the liability of the correct at-fault party. Contact a trusted pedestrian accident lawyer to ensure that your legal rights are protected and that the correct party is held liable for the ensuing damages.
Each and every personal injury case presents its own unique set of circumstances, which is why every case demands an individualized legal approach in order to achieve the most favorable possible outcome for the victim. However, that is not always as easy as it may seem.
Some personal injury cases can be resolved more quickly, given the amount of recoverable evidence from the scene of the accident that can help determine which party was at fault. In these kinds of cases, a settlement can oftentimes be reached without ever having to go to trial. In many other cases, the insurance companies of the driver or at-fault party will not simply hand over compensation for the damages so easily.
Depending on the overall circumstances, some personal injury cases can reach a settlement in as fast as 90 days, but others that are contested and go to trial can take over a year to reach an agreement. Hiring an experienced personal injury lawyer to navigate every step of the process with you can help you reach the level of compensation you deserve and also reach an agreement in as timely a manner as possible. That way, you can focus your time and energy on what matters most: your recovery.
If you are a victim of a pedestrian accident, answering only a few simple questions can help determine whether you are eligible to pursue compensation:
If you answered yes to ANY of the above questions, you may have a case for personal injury compensation. If you did not answer yes to any of the above, you may still have a case. We can review your accident report and make an initial determination about your eligibility.
A: If a driver hits a pedestrian and is considered to be at fault, then they will owe the victim compensation for their injuries and any other damages that occurred as a result of the accident. Typically, the at-fault driver and their insurance provider will be held responsible for paying compensation to the victim.
A: According to North Carolina traffic laws, pedestrians have the right-of-way at all intersections, driveways, and marked crosswalks. However, pedestrians are required to yield to motorists when a marked crosswalk is not present or when other signs and signals are present, like “Do Not Walk” signals at intersections. If a pedestrian fails to abide by these traffic laws, then they can be determined at fault in addition to endangering themselves.
A: North Carolina is an at-fault insurance state, which means that the insurance provider for whoever is responsible for the accident pays the damages. This can include damages to the vehicle, medical expenses, and lost wages as a result of the accident. In no-fault states, both of the drivers involved would file claims with their own insurance provider to receive compensation, regardless of who is determined to be at fault.
A: Yes. In North Carolina, jaywalking is considered illegal. It is only considered a minor infraction, but it can still cause an accident, and the jaywalker can be held liable for any injuries sustained by the incident. In general, jaywalking is defined as any time someone crosses the street on foot when there is no marked crosswalk or traffic signals and without yielding to the vehicles on the road.
For crossing the road at marked crosswalks or intersections with traffic signals, pedestrians can only cross when those signals display the “WALK” signal.
Although North Carolina’s statute of limitations for personal injury negligence cases is three years from the date of the negligent act, time is still of the essence. By evaluating your specific set of circumstances as soon as possible after your accident, we have a better chance of finding evidence to support your case and reach a settlement that provides the compensation to which you’re entitled.
Oftentimes, there is substantiating proof present at the scene, and the chance of finding anything we can use in court diminishes as time passes. Witnesses are often more likely to talk sooner when the incident is fresh in their minds rather than later.
To learn why we have earned a reputation for putting our clients first and providing affordable legal services, call our experienced Hickory pedestrian accident lawyers today at 828-328-9966 or toll free 888-321-0494. You may also send us an email to schedule a free initial consultation at our law office in Hickory.