Pedestrians are especially at risk to the traffic around them, and sadly, collisions involving pedestrians are frequent in North Carolina. Pedestrians should adhere to the rules of the road. There is a chance that even if you are walking on a pavement and following all traffic rules, you may still be hit by a vehicle without any fault of yours. 

Need of a pedestrian accident lawyer

Being hit by a vehicle can have brutal consequences, which might leave you bruised and unable to work while going through a lengthy recovery. A proof is vital to determine if you have the right to seek monetary remuneration from the responsible party, but the at-fault party’s insurance firm will not easily give out an appropriate amount of compensation. Only when you involve an attorney will they start an investigation to collect evidence you require to establish the other party’s liability before it disappears. In case, the insurer still denies appropriate damages, your legal adviser will submit your case to a jury to redeem the compensation you deserve.

Common Causes of Pedestrian Accidents

Reckless driving by careless drivers is one of the major reasons for pedestrian mishaps. Pedestrians are often at risk because of the following reasons:

• Distracted driving

Making calls on phones or texting, driving in an exhausted state, speeding, violating traffic rules, etc., is very risky, and a driver may not look up in time to notice a pedestrian.

• Failing to Yield ‘Right of Way’

“Right of way” implies the legal right of a pedestrian or motorist to proceed with precedence at a specific place or in a situation. For example, if a traffic signal instructs a pedestrian to continue onto the crossroad, a motorist should let the pedestrian cross the road before driving through the intersection area. If there is failure to yield right of way, then either a pedestrian or motorist is guilty of traffic violation by proceeding without giving precedence to the other party. Drivers must allow walkers to cross the road at intersections or crosswalks, but mostly accidents occur when drivers fail to do so. Pedestrians are at three times the risk of being struck by cars taking left than when cars turn right. Oftentimes, when the collision happens both the driver and pedestrian are looking in different directions. Sometimes, pedestrians keep on going and looking straight ahead while drivers are working out at the intersection.

• Driving under influence 

Driving on the road under the influence of liquor or drugs damages a driver’s motor function and judgment, thus disabling them to see a pedestrian.

Who is legally responsible for a pedestrian accident?

A driver, a pedestrian, or a third party can be held legally responsible for a mishap, based on the situations. The fault is established by the standard of negligence. All drivers need to drive with caution and follow traffic laws, and the failure to comply with it is negligence. The pedestrians need to follow the same rule as well i.e. to use crosswalks and follow traffic signals, while third parties like automobile producers are legally responsible to make secure vehicle parts. If a faulty component leads to a pedestrian mishap, the concerned manufacturer can be held accountable. One more third-party example is government liability. A government organization is liable for an accident in case there was a structural defect in a crossing. So if a collision occurs due to neglect by any of the aforementioned parties, they may be held accountable.

A single party or multiple parties can be held liable. Insurance adjusters or a jury makes a decision on each party’s share of accountability by listening to what actually happened from each party, statements of eyewitnesses, assessing the relevant laws (e.g., speed limits), the police report findings, and sometimes evidence from experts. A pedestrian is not allowed to claim remuneration if they are partly accountable under North Carolina’s law of contributory negligence.

Why choose Wilson Williams as your pedestrian accident attorney?

Dominique Wilson Williams is a competent and committed attorney who aims to deliver results in your favor. He aims to offer unmatched services to clients through his experience and brilliant negotiations in the courtroom. Contact us today to book a free consultation.