Pedestrian Injuries and Personal Injury Claims

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School is back in session, which means more kids in the streets. Pedestrian injuries occur daily here in Charlotte, NC, and our firm regularly represents injured pedestrians in cases and claims against the drivers who hit them. According to a recent study like the one published by the Governors Highway Safety Association, pedestrian fatalities in 2016 were the highest ever recorded in a year.

Pedestrians range from children to the elderly, and while pedestrians have rights, there is no doubt they face unique dangers when interacting with motor vehicles on the roadways in Charlotte. Pedestrian injuries tend to be more severe than those sustained by drivers, because of how vulnerable they are to the impact of a moving vehicle.

I Was Hit – Do I Have A Case?

It is generally said that pedestrians have the right of way; however, a close examination of the laws of North Carolina reveals that not to be the case. More importantly, the question is whether you will prevail against a driver or their insurance company in a personal injury claim related to your injuries. A few questions always come up when your personal injury lawyer is trying to decide whether they can win a pedestrian injury case:

  • Were you in a crosswalk?
  • Were you on a sidewalk?
  • Were you wearing brightly-colored clothing?
  • What time of day was it?
  • Were you under the influence of alcohol or drugs?

While the answers to these questions don’t decide every pedestrian injury claim, they help to paint a picture regarding whether the injured individual played a contributing role in the accident.

Contributory Negligence

Contributory Negligence is one of the primary obstacles to winning a pedestrian claim. In North Carolina, plaintiffs find out very quickly about contributory negligence. Most states follow comparative negligence. So, for instance, if you were 25% at fault for your pedestrian injury because you were not in a crosswalk, a jury would be instructed to reduce your jury award by 25%. In North Carolina, however, if you’re 1% or more responsible for the injury you sustained, a jury will be instructed not to give you anything for your injury. This makes the list of questions above even more important to winning a pedestrian injury claim.

Talk To A Pedestrian Injuries Lawyer

A personal injury lawyer or law firm will handle claims which involve pedestrian injuries. Our firm has had success representing pedestrians in the past and we continue to pride ourselves on aggressively representing pedestrians who have been injured by automobiles. Call today for a free consultation. We can be reached at 704.749.7747 or you can request a call by clicking HERE. We hope you’ll choose to Recover With Us.