Founding Partner
Pedestrians must always stay alert when walking or jogging near traffic. Often, drivers fail to exercise caution when driving near pedestrians, and this routinely leads to serious injuries—even death. Following a pedestrian accident, the injured party may be entitled to financial compensation. However, to obtain such compensation, it is necessary to identify the liable party or parties. In this article, we discuss who is liable when a car hits a walker or jogger.
Common Causes of Pedestrian Accidents
Pedestrian accidents are common in North Carolina—particularly in large cities like Charlotte. In fact, approximately 3,000 pedestrians are injured in accidents with vehicles every year. And on average, over 150 pedestrians die in such accidents annually. Common causes of pedestrian accidents include:
- Impaired driving
- Drowsy driving
- Distracted driving
- Speeding
- Unsafe lane changes
- Dangerous turns
- Poor visibility
Determining Liability in Pedestrian Accidents
Following a pedestrian accident, determining liability is an essential component of obtaining financial compensation for one’s injuries. Generally, proving liability in a pedestrian accident requires the injured pedestrian to demonstrate the following:
- The driver or other entity violated their duty to drive safely;
- The failure to drive safely caused an accident;
- The accident injured the pedestrian; and
- The pedestrian suffered physical and financial harm.
To determine liability after a pedestrian accident in North Carolina, courts review a variety of evidence, including:
- Police reports
- Traffic camera footage
- Surveillance camera footage
- Eyewitness interviews
- Medical records
- Physical evidence
- Medical records
- Accident reconstructions
- Expert testimony
Liable Parties in Pedestrian Accidents
Depending on the circumstances, one or more parties may be liable for a pedestrian accident. Common parties that may face liability following a pedestrian accident in North Carolina include:
- The driver
- Car manufacturer
- Parts manufacturer
- Government entity
What if the Pedestrian is Partially Responsible?
Pedestrians are sometimes found partially responsible for causing an accident. Unfortunately, North Carolina follows what is called the contributory negligence rule. Under this rule, a pedestrian is barred from recovering damages if he or she bears any responsibility for the accident. Often, insurance companies and defendants will use this rule as a way of defending legal claims. Therefore, it is imperative to contact an experienced attorney following a pedestrian accident to ensure that your case is as solid as possible.
Compensation for Pedestrian Accidents
If you’ve been injured in a pedestrian accident in North Carolina, you may be entitled to financial compensation for your injuries. Common types of damages available in North Carolina pedestrian legal claims include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
However, to increase your odds of a successful result in your case, it is important to contact an experienced attorney for assistance.
Contact a Pedestrian Accident Attorney
If you’ve been injured in a pedestrian accident in Charlotte, you need an experienced North Carolina pedestrian accident attorney on your side. At Bradford Law, our experienced Charlotte pedestrian accident lawyer will work diligently to obtain financial compensation for your injuries. Please contact us today to schedule an initial consultation with an experienced North Carolina pedestrian accident attorney.
