Pedestrians face many risks when they walk through busy metropolitan areas. Although most of the pedestrians navigating the Morganton area every day are able to reach their destinations safely, accidents involving pedestrians can and do happen in various ways. Whenever a motor vehicle driver hits a pedestrian, the victim will likely sustain severe or life-threatening injuries. A driver always has a higher duty of care to prevent injuries to pedestrians, but if a pedestrian contributes to causing their accident in any way, state law may prohibit them from seeking compensation from the at-fault driver.
If you or a loved one recently sustained injuries while walking because a negligent driver hit you, a Morganton pedestrian accident attorney can help you understand your best options for recovering from the experience. First, you have the right to file a civil suit against the driver who hit you. State law permits you to seek full repayment of your economic damages, but you also have the right to claim pain and suffering compensation for the severity of the experience you endured.
We have extensive professional experience with personal injury claims in Morganton, including pedestrian accident cases involving catastrophic losses. We carefully review the details of our client’s experience and learn about all the effects their injury has had on their life and the lives of their loved ones. If you want the best chance of recovering from a recent pedestrian accident to the fullest extent possible under state law, a Morganton pedestrian accident attorney can provide the legal support you need to navigate the case successfully.
Proving liability for your personal injury is a crucial first step in the recovery process. You must identify the party responsible for the accident and prove their actions directly resulted in your claimed damages. Under North Carolina’s contributory negligence law, the plaintiff can only file a claim for damages if they are not liable for causing that damage in any way. Most other states enforce comparative negligence laws that reduce plaintiffs’ compensation in proportion to the severity of their damages, but this does not apply to personal injury claims. Therefore, any contributory fault will entirely negate the plaintiff’s right to claim compensation from the defendant.
When you are certain the driver who hit you bears total liability for the pedestrian accident you experienced, your Morganton pedestrian accident lawyer will assist you in proving their fault. Some of the most commonly cited forms of negligence and misconduct that can lead to pedestrian accidents include:
Whatever you believe the root cause of your recent accident to be, the right attorney can make a tremendous difference in the quality of the outcome you reach in your recovery efforts. When you choose the attorneys at Helton, Cody & Associates, PLLC, to represent you, we will do everything we can to secure as much compensation as possible for the damage you suffered.
The personal injury laws of North Carolina allow the plaintiff in a pedestrian accident case to seek full repayment of the financial losses the defendant caused them to suffer. They also have the right to claim pain and suffering compensation, but this will involve a more complex calculation based on the severity of their condition, whereas economic damages are proven with appropriate documentation.
Your economic damages in a pedestrian accident case are likely to include your medical expenses and lost income. The defendant is liable for any medical treatment costs you incur, both immediately after the accident and those related to necessary ongoing care you require. They are also responsible for any income you are unable to earn due to the severity of your injuries. For some plaintiffs, this could include months of lost wages, while others will have the right to seek compensation for their lost future earning capacity. Finally, if you are left permanently disabled due to the defendant’s actions, they are responsible for the income you could have earned if they had not caused your accident.
Ultimately, a pedestrian accident can easily result in a host of long-term or permanent damages for the victim and create a very difficult situation for them and their family. Navigating the aftermath of your accident while recovering from serious injuries can be incredibly traumatic for anyone, and an experienced Morganton pedestrian accident attorney can provide the support and reassurance you need in this situation. The attorneys at Helton, Cody & Associates, PLLC, are ready to answer your most important legal questions and help you approach your civil court proceedings with confidence.
A: Any pedestrian accident is likely to generate substantial damages. The state’s personal injury laws permit the victim to seek full compensation for all the damages the at-fault driver caused, and they also have the right to claim pain and suffering compensation with no cap or limit. If you want the best chance of securing as much compensation as possible for a recent pedestrian accident someone else caused, a Morganton pedestrian accident attorney will be essential in your recovery efforts.
A: It is possible for a pedestrian to bear liability for a pedestrian accident. For example, if a pedestrian jaywalks or illegally crosses a street in front of oncoming traffic, they are likely to be found partially liable for the resulting collision. Under the contributory negligence law, the pedestrian in such a situation would be unable to file a civil claim against the driver. Any contributory fault will negate a plaintiff’s right to seek compensation under the contributory negligence rule.
A: No, there is no strict legal requirement that you must hire an attorney to represent you in a civil claim for damages. However, you will face several significant risks if you attempt to do so. For example, the defendant could assert contributory fault, claiming you are partially responsible for the accident. Even if you know this isn’t true, you will likely struggle to prove the truth of the matter. You could also unintentionally settle for less compensation than you legally deserve. Therefore, hiring the right attorney can significantly improve the quality of your overall recovery.
A: Most pedestrian accidents are the result of negligence and inattention behind the wheel. A driver who causes a pedestrian accident will be responsible for the damages they cause to the victim, but they are unlikely to face jail time unless they caused the accident through some type of intentional misconduct. For example, if they intended to hit the pedestrian, they could face a felony charge of attempted murder. If a driver hits and kills a pedestrian through negligence, they could face a vehicular manslaughter charge.
A: If a pedestrian accident results in a fatality, the victim’s family could file a wrongful death claim against the at-fault driver. This type of civil case functionally replaces the personal injury claim the victim could have filed if they had survived, but a wrongful death claim focuses on the surviving family’s losses and their pain and suffering. If you recently lost a loved one in a fatal pedestrian accident in Morganton, you should consult a wrongful death attorney as soon as possible.
Any pedestrian accident can be a life-changing experience, and some victims will face lifelong challenges due to the negligence and misconduct of those responsible for their injuries. If you believe you have grounds for legal recourse against the driver who hit you or your family member, the team at Helton, Cody & Associates, PLLC, can help you hold them accountable. Contact us today and set up a free consultation with an experienced Morganton pedestrian accident attorney and learn more about the recovery options available to you.