Need an Injury Attorney for a Pedestrian Accident in North Carolina?
In 2015 in North Carolina, there were 195 pedestrians killed in motor vehicle accidents, which was a 14.7% increase from 2014. 8.4% of all pedestrians involved in these crashes were killed. Many of these accidents were due to driver distraction. Studies show that Asheville, North Carolina is known for one of the most dangerous cities in the state for those who travel on foot. By the end of 2008-2012, the study showed that there were approximately 8 accidents per 10,000 residents. It is believed that its status as a tourist destination combined with mountain terrain is two of the reasons for this high ranking.
A Driver’s Duty of Care
Pedestrian-vehicle accidents are almost always detrimental to the pedestrian, as they have no protection from the elements as drivers do in their vehicles. This is why motor vehicle drivers owe a special duty of care to pedestrians, and when they fail to abide by the laws, they are breaching this duty to pedestrians and acting in a negligent manner. Some of the most common forms of negligence that lead to these accidents include the following:
- Improper lane use, which could force a pedestrian onto the road or hit them head-on
- Unmarked crosswalks, making intersections a hotspot for pedestrian accidents
- Left-hand turns when drivers are busy negotiating the intersection and looking straight ahead rather than at the person walking
- Electronic use by both drivers and pedestrians when they are supposed to be watching the road
- Dark clothing, making pedestrians difficult to spot – 70% of pedestrian accidents happen at night
Who is Liable for My Pedestrian Accident?
A driver that fails to abide by the rules of the road has violated a safety statute and has acted negligently in some way. You, the plaintiff and pedestrian, must be able to show the court that a safety law was violated, that you are somebody who should have been protected under the law, and this violation caused your accident. For instance, if you were hit because the driver was texting and driving, this means that they were not focusing on the road and broke the law.
You may need assistance if contributory negligence plays a role in your case, which is when the pedestrian could also be found as a contributor to their own accident. The insurance company involved in the case could claim that you were jaywalking at the time of the accident, crossed against a traffic signal, or were prohibited from being in that certain spot at the time the accident took place. This means that, if you contributed to your own accident, you may not be able to recover damages.
How an Attorney Can Help
If you have been injured in a pedestrian accident, you may wonder how you can compensate for aspects like medical bills, lost income, mental anguish, loss of consortium, future treatment, and so much more. Speak to an attorney about your case and how you can move forward from this trying time, and receive the compensation you deserve.