Pedestrians are particularly vulnerable to the traffic around them, and unfortunately, accidents involving pedestrians are prevalent in Raleigh. Even if you are walking on a sidewalk or in a designated crosswalk and obeying all traffic signs, you can still be struck by a vehicle without any warning.
If you or someone you love has been injured as a pedestrian, you may be entitled to significant compensation. Contact Nagle & Associates, P.A. today and have your case evaluated in a free consultation.
Our founder Carl Nagle is a former insurance adjuster and attorney, giving us a unique approach to each case that has allowed us to recover over $500 million for our clients.
We strive to provide exceptional service to our clients, and our attorneys are accessible 24-7.
We work on a contingency fee basis for pedestrian accident cases — so you will have peace of mind knowing you never have to pay out-of-pocket for legal expenses.
Why Work With a Pedestrian Accident Attorney?
Being hit by a vehicle can be devastating, and you may be unable to work and facing a lengthy recovery. You likely have the right to seek monetary damages from the responsible party, but evidence will play a key role. The at-fault party’s insurance company will not simply offer up a fair amount of compensation. Once you hire an attorney, they will begin investigating right away to gather the evidence you need to prove the other party’s liability before it disappears. If the insurer still refuses to settle for appropriate compensation, your lawyer will take your case in front of a jury to recover the amount you need and deserve.
Most Common Causes of Pedestrian Accidents in Raleigh
Negligent drivers are the number one cause of pedestrian accidents in Raleigh. Pedestrians are frequently in danger due to drivers who:
Drive distracted or recklessness. Texting or making calls on cell phones, driving while fatigued, speeding, running red lights, etc., is very dangerous, and a driver may not look up in time to see a pedestrian. Our Raleigh distracted driver accident attorneys can help.
Fail to yield the right of way. Drivers must allow pedestrians to cross the road at intersections or crosswalks, but many accidents occur when drivers fail to yield. Pedestrians are three times more likely to be hit by cars turning left than when cars turn right. Both parties are often looking elsewhere when an accident occurs. Pedestrians are walking and looking straight ahead while drivers are negotiating the intersection.
Drive while impaired. Driving under the influence of alcohol or drugs impairs a driver’s motor function and judgment, making them less likely to notice a pedestrian.
Who is Liable for a Pedestrian Accident?
A driver, a pedestrian, or a third party can be liable for an accident, depending on the circumstances. In Raleigh, fault is determined by the standard of negligence. All drivers must drive safely and obey traffic laws, and the failure to do so is called negligence. The exact same standard applies to pedestrians, who must use crosswalks and follow traffic signals. Third parties, such as car manufacturers, have a duty to create safe vehicle components. If a defective part causes a pedestrian accident, the manufacturer may be liable. Another third-party example is government liability. A government entity might be responsible for an accident if there was a design flaw in an intersection. If any of these party’s negligence causes an accident, they may be liable.
One party or multiple parties can be found liable. Insurance adjusters or a jury will decide on each party’s percentage of liability by hearing what happened from each party, eyewitness accounts, reviewing the applicable laws (e.g., speed limits), the police report findings, and sometimes testimony from experts. Under North Carolina’s law of contributory negligence, a pedestrian cannot recover compensation if they are partially responsible.
For example, if a driver is 100 percent at fault or a driver and a third party are both partly to blame, a pedestrian can recover 100 percent of the compensation awarded. Whereas, if a driver is 80 percent and a pedestrian is 20 percent at fault, the pedestrian cannot recover any amount of compensation.
Our Raleigh personal injury lawyers will fight tirelessly to prove the responsible party’s liability to ensure you recover the compensation you are warranted. Call (919) 433-0035 or contact us online to schedule a free consultation.