At Auger & Auger Accident and Injury Lawyers, we understand how life-changing a pedestrian accident can be. Injuries are often serious, and insurance companies may begin looking for ways to shift blame onto you soon after the crash.
In North Carolina, where even 1% fault can bar recovery, that kind of blame-shifting can directly affect whether you can recover compensation. A pedestrian accident lawyer in Gastonia can help address those arguments while building your case.
Because of that, experience and results matter when choosing who will handle your claim. Since 1995, we have recovered over $100 million for injury victims while maintaining a 99.5% success rate. Our Gastonia personal injury lawyers handle the legal process so you can focus on your recovery. Contact us today for a free consultation.
Having a Pedestrian Accident Attorney Helps When an Insurer Tries to Blame You
Insurers may attempt to deny a claim by citing North Carolina’s contributory negligence rule, which bars pedestrians who are even 1% at fault for an accident from recovering compensation in ordinary negligence cases.
Using N.C.G.S. § 20-173 and § 20-174, an insurer may attempt to shift blame onto the pedestrian. For instance, suppose a pedestrian is midway through crossing but not within a marked crosswalk or an unmarked crosswalk at an intersection.
According to N.C.G.S. § 20-174(a), the pedestrian is required to yield the right-of-way to vehicles on the roadway in this situation. The insurer may argue that the pedestrian violated this statute by crossing at an unsafe location and failing to yield, contributing to their own injuries.
How a Lawyer Counters an Insurer’s Determination of Fault
A pedestrian’s failure to yield under § 20‑174(a) does not automatically bar recovery. The insurer still must prove the pedestrian’s negligence was a proximate cause of the pedestrian’s injuries to bar recovery.
Even if the pedestrian is not strictly following the law, N.C.G.S. § 20-174(e) requires drivers to exercise due care to avoid hitting them, including sounding the horn when necessary and taking special precautions upon observing any child or any confused or incapacitated person.
If a driver failed to slow down or take these precautions, our Gastonia pedestrian accident attorneys can argue against the insurer’s fault determination.
Limited exceptions can also apply, including cases involving willful or wanton conduct. For example, intoxicated driving is one factor North Carolina courts have recognized in gross‑negligence motor‑vehicle cases, which can defeat a contributory‑negligence defense.
How Our Gastonia Pedestrian Accident Lawyers Demonstrate Negligence
Since insurers often focus on pedestrian behavior, our attorneys begin investigating early to document how driver negligence caused the accident, such as:
- Distracted driving at intersections and crosswalks (phones, in‑dash screens)
- Failing to yield or making improper left or right turns
- Driving too fast for conditions in shopping areas and parking lots
- Rolling through stop signs
- Impaired driving, such as from alcohol, drugs, or fatigue
- Reversing without checking mirrors, cameras, or blind spots
Our Gastonia pedestrian accident lawyers document the exact crossing point and the driver’s lane position to build your claim. Evidence of those specific details helps challenge an insurer’s arguments about “where you came from” or “who stepped out.”
We may also hire professional accident reconstruction experts to create a simulation of the accident to determine if the driver had ample time to act to avoid hitting you.
Deadlines for Filing Pedestrian Accident Lawsuits in North Carolina
Personal injury lawsuits are subject to strict legal deadlines. Pedestrian injury lawsuits in North Carolina generally have to be filed within the three-year statute of limitations, per N.C.G.S. § 1-52. Missing that deadline can end the lawsuit before a judge ever reviews the facts.
Starting the process early helps preserve evidence and protect your legal rights. If a pedestrian accident resulted in your loved one’s fatal injuries, we can help you file a wrongful death claim within two years, which is generally how long you have to file under N.C.G.S. § 1-53(4).
What Types of Compensation Do Pedestrian Accident Attorneys Pursue?
Our pedestrian accident attorneys in Gastonia focus on pursuing compensation that reflects your medical recovery and financial losses associated with your injuries. Depending on your case, you may be able to recover:
- Medical expenses: Emergency treatment, hospital stays, and surgeries add up quickly. On top of immediate medical treatment expenses, rehabilitation, in-home care, and any other future medical needs related to the accident can be overwhelming.
- Lost income from time away from work: If your injuries keep you from working, you may recover wages lost during your recovery period.
- Reduced earning capacity: If your injuries affect your ability to return to the same type of work or any work at all, compensation may account for long-term or permanent loss of income.
- Pain and suffering: This form of non-economic compensation addresses your physical pain and emotional suffering resulting from your accident-related injuries.
We approach each case by thoroughly assessing how the accident has affected your health and your ability to live independently and maintain financial stability.
Call Auger & Auger After a Pedestrian Accident
Pedestrian collisions often result in serious injuries and extended recovery periods. Drivers and insurers may quickly look for ways to place fault on the person who was hit. Early legal guidance can help ensure the facts are properly documented.
At Auger & Auger, we bring a trial-forward approach to pedestrian cases. We’ve recovered over $100 million across North Carolina, and we stand behind the A&A Zero Fee Guarantee™. Call us today to begin with a free initial consultation.
