If you have been the victim of a pedestrian accident and are in need of compensation, contact our North Carolina pedestrian accident lawyer today. Our firm routinely handles pedestrian injury claims in North Carolina, and will use our knowledge and experience to help you with your case.
Chris Layton decided to become a lawyer to help people who would otherwise be taken advantage of, and he is prepared to help defend your rights and pursue recovery after suffering from a pedestrian accident. As a North Carolina resident for over 20 years, and with over a decade of legal experience, he is dedicated to serving members of his community with their legal needs. To discuss your case with our team and find out how we can assist you, contact The Layton Law Firm today to schedule your free consultation.
How Our Pedestrian Accident Lawyer Can Help You
In most pedestrian injury claims in North Carolina, the insurance company for the driver at fault will attempt to claim contributory negligence. Contributory negligence argues that the victim was partially at fault for the accident. For example, if the injured pedestrian was intoxicated, was not walking in a crosswalk, or was even wearing dark clothing, the insurance company will attempt to deny the claim based on the theory that you were partly responsible. Our North Carolina pedestrian accident lawyer will help you fight back against unjust claims of contributory negligence.
Most injuries to pedestrians are serious injuries. This makes it that much more important that you have a good lawyer working on your behalf. By trying to settle the injury claim on your own, you may end up forfeiting or ‘signing away’ your rights against the insurance company and the driver. You may also run the risk of settling for much less than you deserve. We will help you pursue the full amount of compensation that you need and deserve.
North Carolina Pedestrian Accidents FAQs
Our North Carolina pedestrian accidents lawyer is here to help if you ever find yourself in need of legal assistance following an accident. Pedestrian accidents are a serious concern in many communities. They can occur for various reasons, and it’s important to understand the causes that may contribute to these accidents. Whether you’re walking to work or crossing the street to get to a store, it’s crucial to stay aware of potential risks. Below, we address some common questions about pedestrian accidents and what might cause them.
Frequently Asked Questions
Can I Get Compensation If I’m Partially At Fault In A Pedestrian Accident?
North Carolina follows a contributory negligence rule, which may bar you from recovering damages if you’re found partially at fault. A lawyer can help evaluate your case.
How Long Do I Have To File A Claim After A Pedestrian Accident?
The statute of limitations for filing a personal injury claim after a pedestrian accident in North Carolina is three years from the date of the accident.
Distractions That Lead To Pedestrian Accidents
Distracted walking can be as dangerous as distracted driving. People often get absorbed in their smartphones, headphones, or other distractions while walking, which decreases their awareness of their surroundings. This lack of attention can result in accidents, especially when crossing streets or near busy intersections. Avoiding distractions while walking, especially in high-traffic areas, can significantly reduce the likelihood of an accident.
Failure To Obey Traffic Signals And Signs
Pedestrians sometimes fail to follow traffic signals, either because they’re in a rush or not paying attention. Ignoring crosswalk signals or jaywalking across streets places individuals at risk. Drivers may not expect pedestrians to cross outside of designated areas or when they don’t have the signal, leading to potential accidents. It’s important to follow pedestrian traffic rules to minimize the chances of getting hurt.
Poor Road Conditions And Sidewalk Infrastructure
In some cases, poorly maintained roads or sidewalks contribute to pedestrian accidents. Cracked sidewalks, uneven pavement, or debris on walking paths can cause people to trip or lose their balance, leading to falls and injuries. Local authorities should address these hazards, but pedestrians should also stay cautious and look out for these types of obstacles.
Driving Under The Influence And Pedestrian Accidents
According to our North Carolina pedestrian accidents lawyer, impaired driving is one of the leading causes of accidents involving pedestrians. Drivers under the influence of alcohol or drugs may have slower reaction times, impaired judgment, and reduced ability to see pedestrians clearly. This makes it more difficult for them to avoid accidents, especially at night or in areas with limited visibility. If you are walking in areas with high traffic, be extra cautious, as impaired drivers may not react appropriately to pedestrian crossings.
Speeding And Reckless Driving
When drivers are speeding or driving recklessly, the chances of an accident increase, especially in areas where pedestrians are present. Speeding reduces a driver’s ability to stop quickly, and in busy areas, this can mean a delayed reaction time if a pedestrian is crossing the street. Pedestrians should always use crosswalks and wait for cars to stop before crossing, but drivers should also exercise caution and respect speed limits to keep everyone safe.
Contact An Attorney
Pedestrian accidents can happen for a variety of reasons, and we hope these answers help clarify some of the common causes. At The Layton Law Firm, our award-winning North Carolina pedestrian accidents lawyer is committed to supporting those who have been injured due to accidents. If you’ve been involved in an accident, don’t hesitate to contact us for a free consultation. Our team has over two decades of providing the guidance and support you need to navigate the legal process.
Underinsured And Uninsured Motorist Coverage
Because pedestrian injuries tend to be serious injuries, you may exhaust the limits of the driver’s insurance policy. In North Carolina, you can gain access to additional insurance policies via the underinsured motorist statute. This opens the door to often doubling your financial recovery. Our North Carolina pedestrian accident lawyer can help you investigate this aspect of your claim.
If you settle your case without providing proper notice to the additional insurance policies, you may forfeit your ability to recover under them. Additionally, quite often it is only through deposition that your lawyer can discover what additional insurance policies exist. The driver’s insurance company is under no obligation to provide that information to you if you’re just trying to settle the claim. A deposition, on the other hand, is a form of legal discovery that binds the party to answer honestly regarding insurance and any additional facts surrounding the pedestrian accident.
Minor Pedestrians
If the injured party is a minor, our North Carolina pedestrian accident lawyer may need to petition the court for approval of the settlement. This requirement differs depending upon the insurance company involved, as well as the amount of the settlement.
Contact Our North Carolina Pedestrian Accident Lawyer Today
If you or a family member has been injured in a pedestrian accident, please reach out to us for a free phone consultation. Part of our job is to help you understand your options and to ensure that you take the right steps towards pursuing recovery. You can reach us at 704.749.7747 at any time of day, or request a phone call online. We hope you’ll choose to recover with our team at The Layton Law Firm.
What Makes A Strong Pedestrian Accident Case
Our North Carolina pedestrian accidents lawyer has helped many clients pursue legal claims, and understands what separates a strong case from a weak one. When someone is injured while walking, it can lead to serious, life-altering consequences. At times like these, having a solid legal case can make a meaningful difference in recovering damages. Below are the key elements that help build a strong foundation for a pedestrian accident claim.
Police Report Supports Your Account
A well-documented police report helps establish key facts of the incident. When law enforcement is called to the scene and records witness statements, photos, and observations, it can provide objective support for your version of events. If the driver is cited, that detail can carry weight.
Prompt Medical Attention Was Received
Getting medical care right away shows that injuries were serious enough to warrant immediate help. Medical records provide clear documentation of the harm suffered. This also connects the injuries directly to the accident, which is important if any questions arise later.
Witnesses Can Verify What Happened
Third-party witnesses add credibility. Their accounts often strengthen a case because they aren’t personally connected to either party. Our North Carolina pedestrian accidents lawyer recommends gathering names and contact information from anyone who saw the event unfold, even if they only caught part of it.
Video Or Photo Evidence Exists
Surveillance footage, traffic camera recordings, or even photos taken on a phone can play a crucial role in proving fault. Images showing the driver running a red light, for example, can shift a case from being word-against-word to being supported by physical proof.
Clear Documentation Of Your Injuries
Medical records, physical therapy notes, and even journal entries showing pain or limitations can show how your injuries have impacted your daily life. These details help quantify damages — including emotional stress, time away from work, and long-term care needs.
Consistency In Your Statements
Any inconsistencies in what’s reported to police, insurers, or doctors can work against you. A strong case relies on a clear and steady narrative throughout the process. With over twenty years of legal experience, we encourage our clients to review details carefully and avoid assumptions.
You Followed Legal Deadlines
North Carolina law sets a time limit for filing personal injury claims. Waiting too long can cause a case to be dismissed before it’s even heard. Timely action keeps your rights intact.
Losses Can Be Proven
Whether it’s lost wages, out-of-pocket medical costs, or reduced ability to work, strong claims are backed by documentation. Keep receipts, pay stubs, and any other records showing how the incident affected your finances. These details help us present a full picture of what’s been lost.
If you’ve been hit while walking in Charlotte or the surrounding area, we want to help. A solid case starts with smart steps taken early. Contact The Layton Law Firm today to schedule a free consultation. Our award-winning North Carolina pedestrian accidents lawyer can walk through what happened and let you know how we can move forward together.