After a pedestrian accident in Huntersville, you may be dealing with serious injuries, medical bills, and questions about how your claim will be handled. Insurance companies often respond by trying to shift blame to pedestrians to limit what they have to pay. They may scrutinize the timing and location of the accident, arguing that your actions contributed to your injuries (for example, “you ran into the road”).
This is especially important in North Carolina due to our “contributory negligence” rule which bars victims who “contributed” to the accident in any way (even just 1%) from recovering any compensation. Protecting your claim often depends on addressing these arguments with clear evidence.
At Auger & Auger Accident and Injury Lawyers, we focus on building claims that clearly establish fault and counter insurance company arguments. We have served the Carolinas for over three decades and recovered more than $100 million for our clients.
Call our Huntersville personal injury lawyers to talk through what happened in a free consultation. With our A&A Zero Fee Guarantee™, you won’t pay until we win.
Crosswalks and Intersections: When Drivers Fail to Yield to Pedestrians
Pedestrians rely on drivers to follow right-of-way laws, particularly at intersections and crosswalks where they are most vulnerable to oncoming traffic. Under N.C.G.S. § 20-173(a), drivers must yield to pedestrians crossing within marked crosswalks, within unmarked crosswalks at intersections when there are no traffic‑control signals, or when the signs are not operating properly.
N.C.G.S. § 20-173(b) prohibits a driver from overtaking and passing a vehicle stopped at a crosswalk to allow a pedestrian to cross. Despite these requirements, negligent drivers rush through left turns, stop within crosswalks, and engage in other dangerous behavior that places pedestrians at risk of severe injuries.
When pedestrian signals are present, pedestrians must follow WALK/DON’T WALK indications under § 20‑172, and drivers still owe a general duty of due care to avoid collisions under § 20‑174(e).
We examine how the intersection functioned and the driver’s actions leading up to the crash to help prove the driver’s responsibility and strengthen the foundation of your claim.
How We Investigate Pedestrian Accident Cases
Our Huntersville pedestrian accident attorneys carefully investigate and focus on the evidence that explains who may be legally responsible for the crash. We build the case around what the roadway and the records confirm.
At a minimum, this means gathering evidence from witnesses at the scene. When that doesn’t suffice, we will collect data from traffic systems and even hire accident reconstruction experts to provide an expert report on who and what caused the accident.
We take over the case so you don’t have to. From the beginning, we handle communication with the insurance company, so you’re not answering repeated calls or defending your actions.
What Evidence Our Huntersville Pedestrian Accident Attorneys Review When Building Your Claim
Drivers often argue that the pedestrian entered the roadway suddenly, crossed improperly, or failed to use reasonable care. Our pedestrian accident attorneys in Huntersville review the following evidence to demonstrate what happened:
- Traffic signal timing: We examine pedestrian walk signals, light phases, and any violations by the driver to show whether they ignored proper right-of-way.
- Vehicle speed: Event data or witness testimony can reveal whether the driver was traveling at an unsafe speed or too fast for the road conditions or weather.
- Crosswalk conditions: We review the state of crosswalk markings, signage, and signals at the time of the accident to confirm whether a pedestrian had the right-of-way.
- Surveillance footage: We collect any available traffic camera footage or surveillance videos from nearby businesses that may reveal driver negligence.
- Driver statements: Reviewing the driver’s recorded statements can uncover inconsistencies or admissions of negligence that strengthen a pedestrian’s case.
Early involvement allows us to preserve and compile essential evidence before it is lost or overwritten.
Fault and Contributory Negligence in North Carolina
Under § 20-173, drivers must yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections when traffic-control signals are not in place or not in operation. A driver who ignores that duty and enters the crossing anyway can be held responsible for the harm that follows.
In pedestrian accident cases, insurance companies often rely on North Carolina’s contributory negligence rule to argue that the pedestrian’s actions contributed to the crash. They may focus on whether you followed crossing signals, used a designated crosswalk, or entered the roadway at a safe time.
Because of this, these claims often depend on evidence that clearly shows how the driver failed to yield and how the collision occurred. Our attorneys review traffic signals, timing, witness statements, and available footage to address these arguments and protect your ability to recover compensation.
Injuries From Pedestrian Accidents Can Be Catastrophic
The financial losses and physical impairment a pedestrian suffers after being hit by a driver can extend well past the first emergency visit and affect long-term health and mobility.
Since pedestrians lack any protection against the impact of a collision, they often suffer catastrophic injuries, such as:
- Head injuries and brain injuries, including traumatic brain injuries (TBI)
- Fractures
- Spinal cord injuries
- Internal injuries
- Soft tissue damage
Our pedestrian accident lawyers in Huntersville keep a record of the entire medical process, not just the initial trip to the hospital. Medical records and treatment documentation help demonstrate the full extent of the injuries and recovery process.
Filing Deadlines Under North Carolina Law
North Carolina has a “statute of limitations” that prevents injury victims from pursuing injury claims long after an accident has occurred. North Carolina, in particular, requires that you file a claim within 3 years against the negligent driver who injured you in a pedestrian accident claim, per N.C.G.S. § 1-52.
If you wait too long, you will likely be unable to pursue a claim for any compensation, regardless of your injuries. Negotiations with insurers do not stall the deadline, and once the statute expires, a court can dismiss the case regardless of how serious your injuries are.
Our pedestrian accident attorneys determine your specific deadline at the start of your case and keep that date in mind during settlement negotiations. When the filing window approaches, we act to avoid risking your right to file a civil lawsuit.
Reach Out to Us for Help From Our Huntersville Pedestrian Accident Lawyers
A pedestrian accident can leave you temporarily or permanently injured as accident-related losses continue to accumulate. Medical bills, missed work, and household responsibilities do not stop after the collision.
At Auger & Auger Accident and Injury Lawyers, we have recovered over $100 million for injured people across North Carolina. We stand behind every case with the A&A Zero Fee Guarantee™, which means you pay no attorney’s fees unless we win.
Call us today to discuss what happened and how we can move your claim forward.
