How Pedestrian Accidents Occur
Being hit by a car is an extremely traumatic experience, as is hitting a pedestrian. Pedestrian accidents in North Carolina often involve critical and life-threatening injuries, and it is important to examine how car/pedestrian accidents occur.
Pedestrians have a duty to act in a reasonable manner when walking in public places, and if they breach that duty, an accident may occur. In North Carolina, pedestrians are required to follow all relevant traffic laws, which include:
- When crossing a road at any point other than a crosswalk, pedestrians must yield the right of way to all vehicles.
- When walking on or along a highway, a pedestrian must yield the right of way to all vehicles.
- Before crossing a highway, a pedestrian is obligated to keep a lookout for vehicles.
- Where there is no sidewalk, a pedestrian must walk facing traffic, and it is illegal to walk on the roadway if a sidewalk is available.
- Pedestrians must obey all traffic control signals, particularly WALK/DON’T WALK indicators at crosswalks.
In most states, including North Carolina, a pedestrian can only recover in a lawsuit against a driver who hit him if the driver was at least partially at fault. If a pedestrian failed in his duty to act responsibly or violated traffic laws, he may be guilty of contributory negligence, making him partially responsible for any ensuing accident. So if a pedestrian wandered out in traffic while texting or talking on his cellphone and there was nothing the driver could do to avoid impact, the pedestrian will likely not be able to recover damages.
Contact a Winston-Salem Auto Accident Attorney Today
If you’ve been in motor vehicle accident involving a pedestrian, contact the Winston-Salem injury attorneys at Nagle & Associates, P.A. online or call (800) 411-1583 to schedule your free initial case evaluation today.