Pedestrian accidents often result in devastating injuries. Unfortunately, insurance carriers who defend drivers who encounter pedestrians commonly deny those claims and work to leave the injured pedestrian with no compensation. Under North Carolina car accident law, if the pedestrian is found slightly (even just 1%) at fault, they have no claims or right of compensation. At Nagle & Associates, Raleigh pedestrian accident lawyer Carl Nagle stands ready to enforce your legal rights, and to collect maximum payment for all claims arising from a pedestrian accident. Even if the accident happened outside of a marked crosswalk, pedestrians have legal rights and drivers are always obligated to maintain a safe lookout. Following a pedestrian accident, always secure a free consultation with a victims’ rights attorney before communicating with the insurance adjusters who are being paid to oppose your claims. Prior to practicing as a motor vehicle collision attorney, Mr. Nagle worked for several years as an insurance defense attorney and as an insurance claims adjuster. He understands the nuances of the insurance industry and has successfully secured hundreds of millions of dollars on behalf of car accident victims in cities such as Raleigh, Asheville, Winston-Salem, and Wilmington.
Pedestrians Are Entitled to Pursue Compensation After a Crosswalk Accident
Pedestrians have the right of way in a marked crosswalk, and drivers are required to yield or slow down as required. People who cross the street in a clearly marked crosswalk with the traffic signal in their favor may feel secure. However, they still remain at risk of injury or even death from negligent drivers who fail to yield and remain entirely clear of the marked crosswalk.
Crosswalk accidents often take place when drivers either fail to notice pedestrian walkway signs and crosswalks, and simply assume that they can proceed without caution. The most common type of crosswalk-pedestrian accident occurs when a driver turns right at a red signal. In these cases, the pedestrian would have the “walk” signal and be cleared to cross their lane. However, the driver who turns simply fails to notice the pedestrian or the crosswalk and they turn and strike the pedestrian. While these are very strong cases, please understand that the insurance carrier for the turning driver will still seek to elicit an admission from the pedestrian that he/she noticed that the driver was about to turn. Victims in these cases should always refuse to provide written or recorded testimony to insurance adjusters and lawyers who defend the at-fault driver.
As noted above, the driver who caused the crosswalk accident may try to present a contributory negligence defense. North Carolina is among a handful of states that follows a “pure” contributory negligence doctrine. This principle states that a plaintiff will be prevented from recovering money damages that resulted from an accident if they were partially responsible for causing the incident. An example might be if the pedestrian was distracted or suddenly dashed into the crosswalk without giving the defendant driver the ability to stop in time. If a judge or jury finds the plaintiff even minimally responsible, they would not recover damages in a lawsuit against the driver who struck them.
The “last clear chance” doctrine may help a plaintiff who is found to have partly caused an accident, particularly a crosswalk collision. If the defendant had the last clear chance to notice the pedestrian on or near the roadway and also and opportunity to avoid hitting the pedestrian, the plaintiff would not be barred from recovering compensation.
After demonstrating the liability of the defendant, a successful plaintiff may be able to recover compensation for economic and non-economic damages. Economic damages are quantifiable, including hospital bills and property damage. Lost earnings may also be awarded to an injured victim. Non-economic damages compensate the victim for any loss of enjoyment of life, as well as pain and suffering and mental anguish.
Consult a Pedestrian Accident Lawyer in Raleigh or Beyond
At Nagle & Associates, car accident lawyer Carl Nagle represents victims who pursue personal injury claims after pedestrian accidents. He opposes and overcomes insurance company defense tactics and helps clients seek the highest available amount of tax-free personal injury compensation from all insurers and at-fault parties. Our firm ONLY handles motor vehicle accident cases, and our fee is paid only at the end of the case – when we collect money for you. Our fee is also a lower percentage share than most firms charge. While most lawyers charge 1/3 of settlement, our legal fee is just 25% or ¼ of any settlement. Our seven offices across North Carolina serve individuals in Raleigh, Asheville, Wilmington, Winston-Salem, Charlotte, Hickory, Greensboro, and other areas throughout Forsyth, Wake, Guilford, Mecklenburg, New Hanover, Brunswick, Durham, Cumberland, and Catawba Counties. If you or a loved one experienced a crosswalk or pedestrian accident, please call our office at (800) 411-1583 for a free consultation now with a Raleigh pedestrian accident attorney or complete our online form and tell us about your incident today.