Pedestrian accidents can cause life-changing injuries, leaving victims and their families with medical bills and financial strain. Unfortunately, insurers attempt to shift blame onto injured pedestrians, especially in situations involving traffic laws or crosswalks.
In North Carolina, even a slight allegation of fault could prevent you from recovering compensation. At Auger & Auger Accident and Injury Lawyers, our pedestrian accident lawyers in Mooresville understand how insurers build these arguments and work quickly to counter them.
We know what to do to protect your claim from the start. Our Mooresville personal injury lawyers investigate thoroughly to demonstrate negligence, gather compelling evidence, and identify all coverage options available. Contact us today for a free consultation.
How Insurance Companies Shift Blame in Pedestrian Cases
Pedestrian accidents often prove preventable if not for driver negligence. Identifying the cause is critical because North Carolina’s contributory negligence rule allows insurers to deny compensation if the injured pedestrian is found even 1% at fault.
We address how the accident happened and gather targeted evidence to counter insurer tactics. With this approach, our team works to protect your right to compensation, no matter how insurers attempt to shift blame.
Alleging Jaywalking
Insurers may argue that crossing outside a marked crosswalk violates N.C.G.S. § 20-174(a), which requires pedestrians to yield the right-of-way at unmarked crossings. By making this claim, insurers attempt to shift responsibility entirely onto the pedestrian, even when the driver was speeding or distracted.
Our Mooresville pedestrian accident attorneys investigate whether an unmarked crosswalk existed at the intersection and measure approach distances, while also analyzing driver behavior by subpoenaing phone records, reviewing speed and braking data, and identifying any signs of distraction or impairment.
If applicable, we build a “last clear chance” argument to show the driver had an opportunity to avoid the collision, regardless of the pedestrian’s crossing location. This may serve as an exception to North Carolina’s contributory negligence rule, allowing you to still recover compensation even if you may have been partially at fault.
Asserting Failure to Follow Signals
Insurers may allege you ignored a “Don’t Walk” signal under N.C.G.S. § 20-172, claiming that you disobeyed traffic signals or improperly entered the roadway. Alleged violations of traffic signal rules make it easier for insurers to argue that your actions directly caused the accident and dismiss the driver’s responsibility entirely.
By analyzing signal timing and reviewing traffic camera footage, we work to demonstrate that the pedestrian acted within their rights or that the driver failed to yield.
Evidence We Gather to Counter Insurers’ Arguments
Prompt investigations and a comprehensive evidence file are how we fortify your pedestrian accident claim when insurers attempt to deny damages.
We issue preservation letters as soon as possible. These allow us to access traffic and dash‑cam video and pull 911/CAD logs, signal‑timing data, and phone records. In some cases, our attorneys consult crash‑reconstruction experts.
We also identify all coverage (UM/UIM/MedPay) to protect recovery.
Why Choose Our Mooresville Pedestrian Accident Attorneys
Since North Carolina drivers and their insurers may attempt to blame you as an injured pedestrian, you need a legal team that understands what is at stake and how to position your claim.
Decades of Case Experience and Results
Since 1995, our firm has recovered over $100 million for injury victims, with a 99.5% success rate across thousands of cases.
Pedestrian accident claims require close attention to liability, and our attorneys know how to investigate fault thoroughly, identify applicable laws, and anticipate the tactics insurers use in these specific cases.
Dedicated Advocacy for Injured Pedestrians
Pedestrian accidents require quick action to gather evidence like crash reports, surveillance footage, skid marks, and witness testimony before it becomes unavailable. Our team knows the importance of reconstructing events, especially in cases where drivers or insurers attempt to shift blame.
With decades of experience in North Carolina personal injury law, we also understand how to apply traffic statutes to demonstrate negligence and protect pedestrians from unfair accusations.
A Family-Owned Firm Offering Personalized Support
As a family-owned firm, we understand the impact a pedestrian accident has on both your physical recovery and financial stability. We don’t pass your case down to junior staff or overload our caseloads.
Our Mooresville pedestrian accident injury lawyers tailor strategies to the specific details of your case. This attention to detail ensures that your injuries, lost wages, and long-term needs are fully accounted for when pursuing compensation.
No Financial Risk to You
Our A&A Zero Fee Guarantee™ means you don’t pay anything upfront, and we only get paid if we recover compensation for you. Our pedestrian accident attorneys in Mooresville handle the legal and financial burden, giving you peace of mind knowing your case is being pursued without financial risk.
How the Statute of Limitations in North Carolina Affects Your Recovery
In North Carolina, most personal injury lawsuits, including pedestrian accident cases, are subject to N.C.G.S. § 1-52, which allows you three years from the date of the accident to file a claim. If your family is filing a wrongful death lawsuit after losing a loved one to fatal accident injuries, you generally have within two years of their death to file, per N.C.G.S. § 1-53.
Failing to act within the statute of limitations is one of the easiest ways for insurers to have your case dismissed. Filing an insurance claim and entering into negotiations with the liable party does not stall this deadline, either. Insurers may delay settlement offers or discourage you from filing a lawsuit until it’s too late.
Our pedestrian accident attorneys promptly secure and preserve evidence, such as crash reports and witness testimony. We also carefully monitor deadlines to file your lawsuit within the statute of limitations, avoiding procedural dismissals.
Let Our Mooresville Pedestrian Injury Attorneys Help
After a pedestrian accident in North Carolina, you are facing physical pain and mounting financial losses. On top of that, you have to negotiate with insurers and deal with challenging legal requirements, such as North Carolina’s contributory negligence rule.
Having an experienced attorney on your side can help you demonstrate fault and protect your claim for compensation.
At Auger & Auger, we develop strong liability arguments and document your damages to counter insurer delay tactics. Call us today for a free initial consultation.
