Pedestrian Accident Attorney in North Carolina

Recovering Compensation After a Pedestrian Accident in Winston-Salem, NC

In many cases, pedestrians are seriously injured or even killed when they are hit by a car, truck, or another vehicle. Unfortunately, these accidents are all too common, and they often occur due to driver negligence. If you have been involved in a pedestrian accident, you may be facing significant medical bills, lost wages, and other damages. 

Our experienced pedestrian accident attorneys in North Carolina can help you fight for the compensation you deserve. We will work diligently to investigate your accident and build a strong case on your behalf. 

In recent years, the number of pedestrians who have been injured or killed in traffic accidents has risen sharply. This trend is especially alarming given the fact that pedestrians are relatively defenseless against the force of a motor vehicle. 

Even bicyclists and scooter riders, who are often considered to be a nuisance by motorists, are better protected than pedestrians. As a result, it is essential for all road users to exercise caution and care whenever they are sharing the road with pedestrians.

Don’t let the insurance company minimize your claim. A pedestrian accident attorney in North Carolina at Comerford Chilson & Moser is ready to advocate for you. Call (336) 568-8779 or contact us online.

Common Causes of Pedestrian Accidents

Every year, thousands of pedestrians are injured or killed in accidents. While there are many potential causes of these accidents, some factors are more common than others. 

• Distracted driving is a major contributing factor to pedestrian accidents. When drivers take their eyes off the road, they are more likely to fail to see pedestrians who are crossing the street. 
• Speeding is another leading cause of pedestrian accidents. Even if a driver sees a pedestrian in time to stop, they may not be able to do so if they are going too fast. Drivers who are speeding are also less likely to yield to pedestrians who have the right of way. 
• Impaired driving is another contributing factor to many pedestrian accidents. For obvious reasons, driving while impaired can cause the driver to experience slowed reaction times. 
• Failure to yield: Many pedestrian accidents occur when drivers fail to yield the right-of-way to pedestrians, especially at crosswalks, stop signs, or traffic signals. This is often due to ignorance of traffic laws or negligence. Drivers are required by law to stop for pedestrians in most scenarios where pedestrians have the right-of-way.
• Left turns at intersections: Drivers may be focused on oncoming traffic and fail to notice a pedestrian crossing the street. The combination of moving vehicles and crossing pedestrians in busy intersections can lead to collisions if drivers are not paying close attention.
• Nighttime driving: Visibility is significantly reduced at night, making it harder for drivers to see pedestrians. Pedestrians who are not wearing reflective clothing or using a light are even more difficult to spot. This makes nighttime one of the most dangerous times for pedestrian accidents, especially in poorly lit areas.
• Aggressive driving: Drivers who engage in aggressive behavior such as tailgating, speeding, running red lights, or weaving between lanes pose a serious threat to pedestrians. Aggressive driving increases the likelihood of losing control of the vehicle and striking someone walking near or across the road.
• Backing-up accidents: Accidents involving vehicles reversing, especially in parking lots or driveways, are another common cause of pedestrian accidents. Drivers may not check their surroundings carefully when backing up, leading to collisions with pedestrians walking behind the vehicle.

North Carolina Pedestrian Laws

Pedestrian laws in North Carolina are designed to ensure the safety of both pedestrians and drivers while promoting a shared responsibility for following traffic rules. These laws primarily govern how and where pedestrians can cross the street and outline the responsibilities of drivers to yield to pedestrians in certain situations.

For someone hurt in a crash, understanding these rules can also be important because North Carolina follows contributory negligence, a strict standard that may affect your ability to recover compensation if an insurance company claims you were partly at fault. A pedestrian accident lawyer North Carolina victims trust can review the specific facts of your case, compare them with applicable statutes, and push back when insurers try to use these laws unfairly against you.

Right-of-Way at Crosswalks

Pedestrians have the right-of-way at both marked and unmarked crosswalks at intersections. Drivers must yield to pedestrians who are lawfully crossing the road in these areas. A pedestrian is considered lawfully crossing when they are within the crosswalk and have either a green signal (in areas with traffic lights) or are already halfway across the street in areas without signals. Drivers are required to stop for pedestrians who are in their path, and it is illegal to pass a vehicle that has stopped at a crosswalk to allow a pedestrian to cross.

Crossing Outside of Crosswalks (Jaywalking)

When crossing a road outside of a designated crosswalk, North Carolina law requires pedestrians to yield the right-of-way to all vehicles. This means that pedestrians cannot suddenly enter the roadway in a way that would not allow a driver enough time to stop. While jaywalking is not always illegal, failing to yield to traffic in such cases can result in a citation for the pedestrian. Additionally, if a pedestrian is crossing in a location where there is a nearby crosswalk, they are expected to use that crosswalk rather than crossing the street elsewhere.

Pedestrian Signals and Traffic Lights

In areas where pedestrian signals are present, pedestrians must follow them. When the “walk” signal is displayed, pedestrians have the right-of-way and can proceed to cross the street. If the signal changes to "don't walk" or a flashing hand, pedestrians already in the crosswalk should complete their crossing, but new pedestrians should not enter the street. Pedestrians who disobey these signals may face fines or citations. Additionally, when crossing with a regular traffic light (without pedestrian-specific signals), pedestrians should only cross when the light is green in their direction of travel.

Prohibitions on Certain Areas

State law also prohibits pedestrians from walking along highways or interstates, except in emergencies. Pedestrians are not allowed to cross highways or enter restricted zones on roads where signs indicate that pedestrian traffic is prohibited. This rule is meant to protect pedestrians from the dangers posed by high-speed traffic in these areas.

Duty of Drivers to Exercise Due Care

North Carolina law imposes a duty on drivers to exercise “due care” to avoid colliding with pedestrians. This means that drivers must take necessary precautions when they see pedestrians, even if the pedestrian is not in a crosswalk or is not following the traffic laws. Drivers are expected to reduce their speed, sound the horn, or take evasive action if it is necessary to avoid hitting a pedestrian, especially in situations where children, the elderly, or disabled individuals are present.

When we evaluate a collision that happened in Winston-Salem, Greensboro, High Point, or another nearby community, we look closely at whether the driver met this duty of care in the moments leading up to impact. By gathering witness statements, reviewing any available traffic camera footage, and consulting applicable traffic regulations, we work to show how the driver’s choices violated these North Carolina pedestrian laws and contributed to your injuries.

What To Do After a Pedestrian Accident

Knowing what to do in the moments and days after a crash can make a real difference in both your health and your legal claim.

• Seek medical attention immediately: Your health comes first. Even if your injuries seem minor, it is important to be evaluated by a medical professional, as some conditions may not show symptoms right away.
• Gather information at the scene: If you are able, collect the driver’s contact and insurance details, names of any witnesses, and take photos of the vehicles, the intersection, and your visible injuries.
• Document what you remember: After leaving the scene, write down your recollection of the accident while it is still fresh. Include details such as the direction you were walking, traffic signals, and anything said by the driver.
• Be cautious with insurance companies: Avoid giving recorded statements to insurance adjusters before you understand your rights. Insurers may try to use your statements to minimize your claim.
• Consider speaking with an attorney: Contacting a pedestrian accident lawyer can help you understand your options, review the police report, coordinate with medical providers, and handle communication with the insurance company while you focus on recovery.