Pedestrian accidents can be among the most scary and dangerous accidents on the roadways of North Carolina. The injuries sustained by the victims of pedestrian accidents can frequently cause permanent disabilities.
Under North Carolina law, motorists must keep a lookout for pedestrians. Yet, in North Carolina over 10% of all accidents involve pedestrians.
Pedestrian accidents can be tricky and are frequently denied by the insurance company for the motorist. North Carolinas still adheres to an old law called contributory negligence and insurance companies love to use this law to deny pedestrian claims. In many cases, the insurance company will try to contend that the pedestrian was not walking in a safe manner. This argument is made even more when the accident occurs at night and the insurance company routinely argues that the pedestrian was not wearing reflective clothing.
These types of issues make it essential that the victim of a pedestrian accident obtain legal representation quickly. You can be certain that the insurance company will be working quickly to find a reason to deny the claim.
North Carolina pedestrians do have an obligation to follow the law and cannot simply assume that every accident is the fault of the motorist. North Carolina law states that every pedestrian crossing a roadway at any point other than within a marked crosswalk shall yield the right of way to all vehicles. Also, pedestrians are prohibited from crossing the street at any place except a marked crosswalk when walking between intersections where there are traffic control signals.
However, if you are a pedestrian and you violate on of these rules, the accident may still be the fault of the motorist if the motorist had the last clear chance to see you in the roadway and the motorist could have avoided you in the exercise of appropriate care.
If you are the victim of a North Carolina pedestrian accident, contact the lawyers at Hendren, Redwine & Malone for a free consultation.