The Layton Law Firm got its start in personal injury many years ago by helping a young boy who was hit by a car as a pedestrian. The insurance company for the at fault driver denied his claim because he was wearing dark clothing, was not in a crosswalk, and had alcohol in his system as an under-aged drinker. That case became the foundation of our work as Charlotte, NC personal injury lawyer, committed to advocating for injured pedestrians even when the odds are stacked against them.
Despite the denial, our firm went to battle for this young man and we were able to obtain 100% of all available funds from multiple insurance policies for him. Ever since then, we have had a strong desire to help pedestrians hit by cars and fight for their right to recover for their injuries.
Immediate Steps To Take
Obviously your first concern if you’re hit by a car is your safety and health. As a result we recommend you seek immediate medical attention. This can be done by calling 911 or having someone do it for you. If so, you’ll be evaluated on the scene by Medics. You can also choose to go to an urgent care or emergency room with the help of someone who might come pick you up at the scene.
While it may not be the first thing on your mind, the best advice we can give to help you with your legal rights would be to do the following:
- Report the accident to the local police so that someone investigates the scene and takes statements from all parties involved. This creates a record of the accident and gives the officer a chance to identify any contributing factors such as inattention of the other driver, intoxication of the other driver, etc. Those will be memorialized in the accident report, which will become the basis for any recovery you might be able to achieve.
- Before you leave the scene, get as much information as you can from the other driver, any witnesses, etc. This can be written down, recorded as video, and/or taken as photo evidence. If any of your property was damaged by the accident – and if you’re able—take photos of the property as well.
- Even if you are sorry for some aspect of the accident, the best legal advice at the time of the accident is to NOT take fault for the accident. The easiest way to do this
Your Legal Rights As A Pedestrian In North Carolina
If you are injured due to the negligence of another person in North Carolina, you have rights you can pursue. Generally, you have three years to either reach a settlement or file a lawsuit in an attempt to receive compensation. Your rights include the right to file a personal injury claim with the at fault driver’s auto insurance company. They will investigate the claim and your personal injury attorney will gather information to help support your claim for recovery.
Types Of Recovery
You can recover money for your injuries (pain and suffering), for your medical bills, and for lost wages due to the accident, among other things. It will be your attorney’s job to quantify these things or put a dollar value on them with your help, but a necessary part of the process is presenting the at fault driver’s insurance company with a detailed explanation of what happened and what the resulting damages are from the accident.
Working With A Personal Injury Attorney
Fortunately, it won’t cost you anything to hire a personal injury attorney in North Carolina. Most injury attorneys work on a Contingent Fee Basis, meaning that the law firm only gets paid if they recover money for you. Ultimately, you will decide whether to accept any settlement the attorney has negotiated for you, but again, if there is no settlement, there is no bill from the lawyer’s office. This gives pedestrians and other injured parties instant access to the legal system which they might otherwise not have.
The Layton Law Firm has built a reputation for compassionate representation of injured parties, including pedestrians. Our history in representing pedestrians over the years enables us to recover damages for pedestrians in situations where the law is not clear and the insurance company may initially deny the claim. We strongly believe everyone deserves access to the legal system and access to legal representation, and we’re here for help if you’ve been injured by a vehicle as a pedestrian.