A Lawyer's Guide: What Is a Pedestrian Accident?
North Carolina Injury Lawyer Explains: What Is a Pedestrian Accident?
As cars continue to become safer for the passengers, pedestrian accidents involving people outside the vehicle are on the rise in North Carolina and across the country. Like other car accidents and personal injury cases, pedestrian accidents can be addressed with legal remedies and damages, and that process can be aided by a pedestrian accident attorney.
What Is a Pedestrian Accident?
Pedestrian accidents are traffic accidents involving at least one vehicle striking a person who is not in a vehicle, often traveling on foot. Generally speaking, it is the responsibility of the motorist to avoid a pedestrian accident, even if the pedestrian is not obeying traffic law.
This is the case in North Carolina, as the North Carolina Driver Handbook states, “Saving a pedestrian’s life is always worth the driver’s lost right of way. The safe driver yields right of way to a pedestrian whether the pedestrian is entitled to it or not.”
Pedestrian car accidents can occur anywhere that has both vehicles and pedestrians, with these accidents occurring more commonly in urban areas that feature denser populations. In 2022, at least 7,508 people were killed in pedestrian accidents in the United States.
Common Types of Pedestrian Accidents in North Carolina
Pedestrian car accidents can occur anywhere that has both vehicles and pedestrians, with these accidents occurring more commonly in urban areas that feature denser populations. Let’s break down some of the most common types of pedestrian accidents seen by personal injury attorneys in North Carolina.
Crosswalk Accidents
Crosswalk accidents occur when the vehicle fails to yield to a pedestrian at an unmarked or marked crosswalk, often at an intersection crossing. These pedestrian accidents can be most dangerous when a driver intentionally or unintentionally runs a red light, running into the path of a pedestrian crossing the roadway at high speed.
Crosswalk pedestrian accidents can also occur when a motorist is making a turn that intersects with a crosswalk. While the driver is paying attention to other traffic, they may not be as aware of pedestrians and accidentally cause a collision.
Jaywalking Accidents
As pedestrian accident lawyers, we sometimes review cases where the pedestrian was jaywalking, meaning the pedestrian was crossing outside of a designated crosswalk or out of compliance with traffic signals.
In North Carolina, the doctrine of contributory negligence can prevent affected individuals from recovering damages if they can be found partially responsible for the incident. As experienced pedestrian accident attorneys, though, we understand the nuance of the law and can work to find an appropriate settlement, even if the pedestrian initially seems to be the at-fault party.
Back-up Accidents
When a motorist is reversing their vehicle, they have limited view of any potential pedestrians in their path, which can lead to a collison. Drivers don’t spend much time reversing their cars, making them less confident and capable of controlling their vehicle and avoiding pedestrian accidents.
Back-up accidents can be particularly dangerous for children and the elderly. Children are smaller and more likely to be in the vehicle’s blindspot, plus they may not be as aware of the danger of moving vehicles. While children may dart into the path of the reversing vehicle, elderly people may struggle to get out of the way in time.
Multiple Threat Accidents
Pedestrians face the threat of a car accident from every vehicle on the road, and that’s the cause behind multiple threat pedestrian accidents. A multiple threat accident occurs when one motorist yields to a pedestrian, and that action obscures the view for another vehicle traveling on the road.
As the driver of that second vehicle is unaware of the pedestrian, they do not yield or slow down and can collide when the pedestrian does cross their path. These pedestrian accidents can be exacerbated by speed or distracted driving on the part of the second driver, leading to potentially devastating injuries.
Distracted Driving Accidents
The rising prevalence of smartphones has changed the way pedestrians and drivers alike intersect on the roadways. Despite North Carolina law prohibiting the use of cell phones while operating a car, distracted driving accidents are still on the rise, with NCDOT reporting 44,128 crashes involving distracted driving in 2020. Distracted pedestrians can also lead to pedestrian car accidents, as those pedestrians may not adhere to crossing signals and fail to yield appropriately.
Distracted driving pedestrian accidents are not only caused by cell phone use, as distracted driving is defined as any activity that takes the driver’s attention away from driving. Distracted driving accidents can also be caused by the following:
Adjusting the car’s entertainment, navigation, or other system
Eating or drinking
Interacting with other people in the car
Personal grooming, including applying makeup
Talking on a hands-free device
Parking Lot Accidents
Parking lots may seem like a safe space for pedestrians, since both cars and pedestrians are expected to be there, with cars traveling at slow speeds. However, parking lot pedestrian accidents are common, exacerbated by distracted driving and poor design features.
Drivers may also consider driving through a parking lot a less engaging task compared to driving on other roadways. They therefore may focus on what they plan to do after arriving at or leaving their destination, disregarding the pedestrians in their vicinity or failing to take appropriate precautions.
Hit-and-Run Accidents
In 2021, 23% of pedestrians killed in traffic accidents were struck by hit-and-run drivers, according to the National Highway Traffic Safety Administration. This type of pedestrian accident can be particularly catastrophic, as they often occur at night and can leave the pedestrian severely injured without immediate assistance.
Hit-and-run pedestrian accidents, also called run-down pedestrian accidents, can incur serious criminal consequences. In the state of North Carolina, drivers involved in a car accident, including pedestrian accidents, must stay at the scene until law enforcement arrives.
Interstate and Highway Accidents
While pedestrians are not permitted to walk on interstates and highways, pedestrian accidents can occur there—sometimes with fatal consequences. Pedestrian accidents on highways can occur when someone’s car breaks down or gets a flat tire, or the driver otherwise needs to pull over.
Auto-pedestrian accidents that occur on highways can inevitably occur at extremely high speeds on busy roadways. As pedestrian accident lawyers, we see all too often that these incidents lead to pedestrian fatalities, leaving the loved ones behind to seek justice and damages.
What Should I Do after a Pedestrian Accident in North Carolina?
If you’re hit by a car in North Carolina, the steps you take immediately after the collision are exceptionally important, especially when it comes to later receiving the compensation you deserve. As pedestrian accident attorneys, we’ve seen how shocking a pedestrian accident can be to experience.
Take some time to review the following steps to prepare yourself in the event of a pedestrian accident.
1. Ensure Safety
If you are hit by a car while on foot, you may struggle to maintain clarity of thought. After a pedestrian accident, you should first ensure your own safety and the safety of others, getting out of the way of any additional danger. This can include getting out of the road and assessing any injuries that are immediately apparent.
2. Call 911
Call emergency services even if you do not think you need immediate medical assistance, and even if you think someone else may have already made the call. It’s important for future settlements to have the accident report from the appropriate law enforcement authorities, which should be initiated at the scene.
If you have severe injuries, prioritize your medical assistance.
3. Document the Scene
While the driver and law enforcement officers may take their own records, you should take photos and videos for your own records, as they can become vital documents for your pedestrian accident attorneys in the future. In addition to taking photos and videos of the scene, be sure to take notes of everything you remember from the incident.
When recording the scene of your pedestrian accident, take photos the following:
Vehicles involved
Injuries
Your surroundings, including weather conditions
Damage to vehicles
4. Exchange Information
Get the contact information and insurance details from the driver. If there were any witnesses to the accident, be sure to also get their contact information.
5. Contact a Pedestrian Accident Attorney
Pedestrian accidents can be traumatic experiences, and starting the legal process may feel overwhelming. You won’t regret contacting an leading pedestrian accident attorney as soon as possible, though, as experienced personal injury lawyers can focus on getting you the compensation you deserve while you focus on your recovery.
We recommend keeping the contact information for Counsel Carolina in your phone, so you can reach us at a moment’s notice.
6. Get Medical Attention
While some injuries from a pedestrian accident may be obvious, others may not, so it’s essential that you seek medical attention after the incident. By establishing a connection with a medical provider, you’ll begin the first steps toward recovery and strengthen your case for future settlements.
Hiring a Pedestrian Accident Lawyer in North Carolina
According to Watch for Me NC, “Each year more than 3,000 pedestrians and 850 bicyclists are hit by vehicles in North Carolina, making North Carolina one of the least safe states in the US for walking and bicycling.” These victims are more than just statistics, though, and deserve appropriate damages, including monetary compensation, for their suffering.
A pedestrian accident attorney can help you recover damages, including the following common types of damages:
Past and future medical bills
Lost wages
Loss of consortium
Pain and suffering
Permanent disability or disfigurement
Pedestrian accident attorneys, like our experienced team at Counsel Carolina, are well-versed in navigating the post-accident process and highly knowledgeable in North Carolina law. By working with a pedestrian accident attorney, you can maximize your settlement while maintaining your own peace of mind.
Schedule a Free Consultation with a North Carolina Pedestrian Accident Attorney
At Osborn Gambale Beckley & Budd, we have a proven track record of getting the settlement results our clients deserve for a wide range of North Carolina pedestrian accidents. In 2023, for example, we secured a $375,000 injury settlement for a client who was run over by a commercial truck while walking across a parking lot.
If you or a loved one have been injured in a pedestrian accident, or you want to know your legal rights, our team of North Carolina pedestrian accident lawyers are available to help. Contact us for a free case evaluation to take the first step toward the settlement you deserve.
