Tag Archive for: Pedestrian

Friendly Charlotte Personal Injury Firm

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Friendly Charlotte Personal Injury Firm

It may seem counter-intuitive to desire a friendly Charlotte personal injury firm, but in our opinion that is exactly what you need for your Charlotte personal injury. We all often forget that working with a law firm means interacting with that law firm on a routine basis. While you want your Charlotte personal injury lawyer to be aggressive for you when pursuing compensation for your personal injury claim or personal injury lawsuit, you also want them to be easy to work with. For that reason, finding a friendly Charlotte personal injury firm is important.

Responsive Staff And Attorneys

One of the most frequent complaints about Charlotte’s personal injury firms—even those rated as Charlotte’s best personal injury firms—is a failure to communicate effectively with clients. Part of this failure is due to the heavy workload that Charlotte personal injury law firms take on; however, there’s no excuse for not responding to a client’s inquiry or desire to be kept up to date.

At The Layton Law Firm, we end each conversation by agreeing with you on the next time you can expect an update from us. This helps us, and it helps you. From our perspective, it ensures that we have it marked on our calendar to reach out to you when the future date arrives. From your perspective, it gives you peace of mind that you know you will be updated at the agreed-upon time.

Mutual Respect Is A Critical Part Of Success

The personal injury law firm and the client must work as a team to reach a successful result on a personal injury claim. This means the client must also commit to responding in a timely manner to their lawyer or paralegal. Quite often, the insurance adjuster in a car accident will request additional support for lost wages or medical records. We need our clients to assist us in quickly gathering that information so the claim can move forward.

On our end, we do our best to keep in mind that most clients have never filed a personal injury claim before working with us. They are not the type of individuals who sue people. So, the experience can be stressful. Not only is it an emotionally draining process, but it’s also hard to understand how long a personal injury settlement will take. We do our best to maintain compassion, empathy, and understanding for what our clients are going through. After all, they are working with us because they were harmed in an often life-changing motor vehicle accident, slip and fall injury, or workers’ compensation-related injury.

Speak With A Charlotte Personal Injury Lawyer

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

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Charlotte Pedestrian Personal Injury Lawyer

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When someone is involved in a pedestrian personal injury involving an automobile, the results are often heartbreaking. The Layton Law Firm began its reputation for representing pedestrians by successfully represented a 17-year-old boy who was seriously injured by a driver while crossing a busy Charlotte street at night. After fighting a denied claim and ultimately prevailing against the insurance company for the child and his family, we made it a priority to fight hard for injured pedestrians.

We currently represent numerous pedestrians in personal injury and wrongful death actions. We take each law firm client’s injuries seriously, but injuries to children and pedestrians are specifically important to us because of the extreme nature of the injuries and the age of the individuals involved. As a result, children and pedestrian injuries have become a passion of ours. Unfortunately, winning a pedestrian claim can be an uphill battle requiring persistence, creativity, and diligent pursuit of recovery.

Don’t Pedestrians Always Have The Right Of Way?

This is the question always asked when there is a pedestrian injury. As a Charlotte pedestrian personal injury lawyer, unfortunately, I find myself quite often answering “Not always”. While pedestrians often start with a presumption of the right of way, they can easily forfeit it by being too far outside a crosswalk, crossing the road at a non-designated spot, or being inebriated. In fact, there are some instances where a pedestrian actually must yield to the motorist.

How Do I Preserve The Pedestrian Right Of Way?

There are a few guidelines that will help preserve your right of way as a pedestrian. Always strive to:

  • Walk with the cross-walk signals
  • Stay inside specifically marked cross-walk pathways
  • If a sidewalk exists, use the sidewalk (and not the roadway)
  • Electric wheelchair users: follow the rules for pedestrians, NOT for vehicles

Do Drivers Have Responsibilities To Pedestrians In NC?

Yes, there are. Even in a situation where a pedestrian may have yielded the right of way, the operator of a motor vehicle must still exercise reasonable care to avoid colliding with a pedestrian in the roadway. The doctrine of Last Clear Chance can also be applied, and your Charlotte Pedestrian Personal Injury Lawyer will discuss it with you. Essentially, it says that even if a pedestrian has forfeited the right of way, if the operator of the vehicle has the last clear chance to avoid an accident, he or she must avoid the accident. This doctrine applies in other personal injury situations as well, such as automobile accidents between the operators of two vehicles.

How Can A Personal Injury Lawyer Help?

A Charlotte personal injury lawyer will help to make sure you are treated fairly. Insurance companies often deny pedestrian claims based on contributory negligence, or some other factor. An aggressive legal strategy can often overcome this denial and help achieve a fair result. It is our opinion that pedestrians make good plaintiffs.

When an insurance denial is met with a threat of a lawsuit, quite often we are able to reach a settlement before entering the courtroom. In most cases, an insurance company does not want to appear in court against a pedestrian, because it shows an unwillingness to settle the case or to be reasonable in accepting liability for the plaintiff’s injuries.

Pedestrian injuries also often lead to large medical bills. Your personal injury lawyer will not only work to secure a fair offer for you but can also negotiate some of your medical billing. The end result is you end up with more money in your pocket. The ability to negotiate these bills stems from the attorney’s understanding of N.C.G.S. 44-49 and 44-50, which is a limiting factor when it comes to liens resulting from medical treatment related to the injury.

You deserve to have someone fight for your rights. Insurance companies are focused on the bottom line. We focus on the client.

Speak With A Charlotte Pedestrian Lawyer Today

If you were a pedestrian, and were hit by the driver of an automobile or motorcycle, please call us at 704.749.7747. Or, if you’d like us to call you, just click HERE to request a call online. An attorney will be happy to discuss your rights and provide you guidance, at no charge. There’s no obligation to hire us but we hope you’ll choose to Recover With Us.

If you need a free copy of your accident report, we’re happy to obtain that for you as well– just click HERE to request one and simply let us know the date of your accident, the location, and your full name.

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Layton Law Protects Pedestrians – Free Yard Signs

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Layton Law Protects Pedestrians

As part of our 2019 campaign to protect pedestrians, we are giving away our “Layton Law Protects Pedestrians – SLOW DOWN” yard signs. In our personal injury practice, we are surrounded by injured individuals. When the injury is a pedestrian injury, the injuries are quite dramatic. If a pedestrian is hit by a motor vehicle there is of course a significant chance they may never recover. These are heartbreaking cases, especially when the pedestrian is a Minor. As a parent of young children, I am fearful every day that a careless driver will injure my children or other children in our neighborhood.

Prevention Is The Goal

According to www.watchformenc.org, roughly 3,000 pedestrians and 850 bicyclists are hit each year in NC. When a pedestrian is injured, we are there to help protect their rights. However, a much better solution would be to play a role in preventing pedestrian injuries in Charlotte. Our yard signs have that goal in mind. We’ve seen numerous yard signs in the past encouraging drivers to Drive Like Your Kids Live Here. We love those signs! However, some careless drivers remain undeterred. Our signs are meant to remind them there are serious consequences awaiting drivers who hit pedestrians. Our hope is that we are able to get the attention of more drivers by delivering this slightly different message.

The Yard Signs Are Free

We are making these yard signs free to anyone who would like one. The more of these signs we are able to get into view throughout the city, the better. If you or any of your neighbors would like a Layton Law Protects Pedestrians yard sign, simply click HERE to send us a request. Just tell us you’d like a sign and we will arrange to have one at the office for you for pickup.

How Can You Help?

First, by simply placing the sign in your yard, we believe you’re raising driver awareness. Second, if you like the law firm’s pedestrian safety campaign and want to encourage more efforts, simply leave us a Google Review letting us know. Lastly, share this post on social media within Charlotte so others will know the signs are available. Sometimes the encouragement from others in the community helps to keep the momentum rolling.

Call Us With Questions Or Ideas

Lastly, if you have questions about the yard signs or the pedestrian campaign, please call us. If you have ideas you would like to share regarding other ways in which we can become involved in pedestrian safety, please reach out with those ideas. You can call us at 704.749.7747 or click HERE to submit ideas and questions.

Further Reading

If you would like to read more articles on our website, check out our Personal Injury Blog or our Bankruptcy Blog.

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Hit By A Car While Running

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Hit By A Car While Running – What To Do Next

If you are hit by a car while running, the injuries can be tragic. There is no more vulnerable individual on the road than the pedestrian. Often, runners are moving fast enough that turning cars don’t see them coming. This makes getting hit by a car while running a very real danger.

Take These Steps After Being Hit

  1. If you’ve been hit by a car while running, certainly your health is most important. Calling for medical attention should be your first step.
  2. Second, document the accident. This means taking pictures of the area where you were hit, and the vehicle that hit you. Additionally, take photos of the license plate of the car that hit you.
  3. Third, if you are not being rushed to the hospital by ambulance, be sure to call the police. This will generate a police report which is an official record of the accident.
  4. Lastly, take down the names and phone numbers of any witnesses who saw the accident and were kind enough to stop. They may be the key to your personal injury case down the road.

Statistically Speaking

Each year, the numbers keep getting worse for pedestrians. According to the most recent statistics from the National Highway Traffic Administration:

                “Unfortunately, pedestrians were one of the few groups of road users to experience an increase in fatalities in the United States in 2016, totaling 5,987 deaths.”

https://www.nhtsa.gov/road-safety/pedestrian-safety

That is a fatality every two hours, which is terribly frightening. Comparatively, 840 bicyclists were killed in the same year. A previous blog article on this site has advice regarding bicycling in Charlotte, North Carolina.

Preventing Pedestrian Accidents

In order to prevent being hit by a car while running or walking, you have to become a defensive pedestrian. This means taking proactive steps to ensure your own safety. Consequently, you need to always be on the lookout for the actions of drivers, and make yourself easily detectable as a pedestrian. Here are a few ways to accomplish that:

  1. Wear brightly colored clothing or a safety vest.
  2. Follow the rules of the road so that motorists are more likely to spot you.
  3. Run during daylight hours.
  4. Pick routes that include greenways and neighborhood streets whenever possible.

Speak With An Attorney Today

If you were hit by a car while running, we’re here to help. Our firm aggressively defends the rights of pedestrians including runners, bicyclists, and others sharing the road with motorists. Attorney Chris Layton spent years commuting to work by bicycle in Charlotte, and runs almost every day—as a result, he’s passionate about helping individuals who have been injured on the road. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you the same day. We know you have choices. We hope you choose to Recover With Us.

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Bike Accidents In Charlotte, NC

Bike accidents in Charlotte, NC increase annually as the city grows. Smart bicyclists follow the rules of the road when they are out riding. Bicycle owners ensure their safety by increasing their knowledge of these rules. Recognize that according to N.C.G.S. Sec. 20-4.01(49):

bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this chapter

Avoiding Bike Accidents

To avoid bike accidents, start by abiding by the rules of the road. Bicycles are treated as vehicles, per the statute above. Generally, this means the bicycle rules of the road are the same rules that a car follows, including the following: yield to traffic already established in the roadway, drive on the right side of the road, yield before entering a primary road, and yield before moving laterally or turning.  These rules were created for your personal safety and should be followed. A great many bicycle accidents could be avoided if more of us followed these guidelines.

When to Yield

  • To established traffic
  • Before turning or moving laterally (an exception is when you have a green arrow)
  • Before entering a primary roadway (from a side street or otherwise)
  • Stop signs, one way streets, traffic lights, etc

Safety Requirements and Personal Injury

If you are injured in an accident with a vehicle, quite often the insurance company representing the driver will want to know whether you had reflective wear or if you were wearing bright clothing. The success of a bicycle personal injury claim or a pedestrian personal injury claim can turn on this point. Not only should reflectors and lights be worn on the person, but they should also be attached to the bicycle and helmet.

Pedestrians are not as easily visible as other vehicles, which may be equipped with bright lights and reflectors. The size of another vehicle such as a car, generally means it will be noticed. When you’re walking or operating a bicycle, not only are you typically on the ‘side’ of the road, but additionally you are a smaller object occupying less space in the field of vision of other drivers. As a result, you can avoid accidents by taking extra safety precautions. These same precautions provide you with legal protection in the event you are injured by another driver.

Are Bicycles/Bicyclists Treated as Vehicles or as Pedestrians?

Bicyclists on some occasions are considered pedestrians, rather than being considered operators of a vehicle (bicycle). One example is where someone on a bicycle is riding the bicycle on the sidewalk. In some instances, this individual will be treated as a pedestrian, for legal purposes, or it will be argued that by failing to operate the bicycle in a manner designed to alert other drivers of his presence, the bicyclist has compromised his or her rights against other drivers.

BikeWalk NC

BikeWalk NC is a great resource for rules of the road for bicyclists as well as other material. You can access it HERE.

Call A Lawyer

If you or someone you know has been injured while riding a bicycle, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help to refer you to another lawyer that we trust, who can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

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Happy (and safe) Halloween!

Halloween is a great time to be a kid. The thrill of running house to house for free candy is tough to beat. During trick or treating, you’ll see exhausted parents who would have given up hours ago if their kids would only let them. But alas, the battle wages on into the late evening until porch lights are turned off, and jack-o-lanterns blow out; it’s the national symbol for “It’s over. Go home now, kids.”

As an adult, and as a personal injury lawyer, you see the world a bit differently than children do. As a result, you think of Halloween a bit differently. Every child’s dash out into the street is a potentially life-threatening moment. Candy needs to be examined before being consumed. And of course, the truly scary stories of Halloweens past fill the news. If you’re an adult, you’re just hoping to survive Halloween. Here are a few tips for you and your family to make it through the holiday safely.

Stay Visible: Costumes are meant to be scary, but a little bit of reflective material or a light of some sort makes your child visible to vehicles navigating busy streets during trick or treat hours. Wal-Mart, Target, and other stores all sell clip-on blinking red lights (check the bike section) which will do the trick.

Stay Together: Kids tend to trick or treat as a group, but they run from house to house like a bunch of goblins on the loose. Remind kids to travel together as a group between houses. They are more likely to be seen by drivers, and you’re less likely to lose a little one in the mayhem. Just the peace of mind that comes with a full headcount will make the evening easier on you as an adult.

Stay Sober: The temptation to carry along a little treat for daddy or mommy by way of the bottle is strong on a stressful night. Be responsible and remember you’re in charge of children who are terrorizing the neighborhood streets high on sugar and adrenaline.

Drive SLOWLY: If you have to drive a car on Halloween, the burden is on you to drive with extra caution. If you’re in a neighborhood at dusk, you should expect kids to jump out in front of you at random, crossing the street in search of the next mini Snickers bar. Even if it’s chilly, drive with your window down or cracked, so you’ll hear kids coming.

Charlotte Pedestrian accidents increase dramatically around Halloween, for obvious reasons. It’s a busy night with lots of foot traffic. Give kids a break and use extra caution when you’re on the road.

We hope you and your kids have a Happy Halloween!

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Pedestrian Right Of Way In North Carolina

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Pedestrian right of way is something most of us feel comfortable with. We all grew up with the understanding that “The pedestrian always has the right of way.” In most people’s minds, this maxim applies whether you’re walking, running, or riding a bike. If you’ve handled pedestrian personal injury cases in North Carolina, you know that insurance companies often disagree. This article is intended to help clarify some issues involved with pedestrian accidents in North Carolina.

Charlotte Pedestrian Accidents

A pedestrian accident in Charlotte, NC can be a unique personal injury case. It’s not that Charlotte has its own set of laws, but being a larger more densely populated city in North Carolina, Charlotte has more crosswalks, more pedestrians crossing outside of crosswalks, and more complicated roadways in general.

The Pedestrian Right of Way

The state of North Carolina has codified (made into law) some of the rights of pedestrians. Chapter 20 of the North Carolina General Statutes addresses pedestrian concerns. NC General Statutes Section 20-155(c) states specifically:

“The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing such highway within any clearly marked crosswalk, or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction”

The first aspect of this is extremely helpful when building a pedestrian personal injury claim. If the pedestrian is crossing within the crosswalk, they are protected. While the latter part of the paragraph carves out an exception where traffic is being directed by an officer, that rarely comes up in my personal injury practice.

The Gray Area Involving Right of Way

North Carolina follows a rule called Contributory Negligence. Essentially, it means that if the plaintiff (The pedestrian in this instance) contributed in any way to the accident, then they can not recover from the defendant. This is typically the first claim of insurance companies defending a claim for a pedestrian personal injury case. The typical reasons given are:

  • Not in a crosswalk
  • Wearing dark clothing (Not visible to the driver)
  • Impaired (Drugs or alcohol)
  • Last Clear Chance
  • Crossing at Night

If you’ve been in a pedestrian accident, your personal injury lawyer will discuss some or all of the items on the above list, in anticipation of the insurance company claiming you did not have the right of way. If the insurance company can establish the pedestrian did not have the right of way, then the driver did not have to yield to the pedestrian. Next, the insurance company will attempt to establish at least some part of the accident was the pedestrian’s fault. While our firm has successfully made claims regarding pedestrian personal injury accidents, it is almost never without a fight from the insurance company in this manner.

The Pedestrian Crosswalk Dilemma

As a driver, I am always on the look out for pedestrians, because I know that pedestrians quite often cross a street outside of a crosswalk. I do it myself, and I see others do it every day. As a result, I believe it’s reasonable to expect a pedestrian to cross the road in these circumstances. There are several circumstances where a driver should anticipate or even expect this behavior:

  • No other crosswalk opportunity within sight
  • A break in the median
  • Handicap ‘cut-outs’ on either side of the street suggesting a ‘crosswalk’

While every pedestrian right of way claim is a challenge, pedestrians are also quite sympathetic to juries. Even where a pedestrian has been crossing in the evening, or wearing dark clothing, if the jury decides the driver had the last clear chance to avoid the accident, there is a good chance the pedestrian will win the personal injury lawsuit.

Speak With A Personal Injury Lawyer

If you or someone you love has been struck by a vehicle, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can not take your case for some reason, we will help you find another lawyer that we trust, who can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

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