Tag Archive for: Running

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.

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.”


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.

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.