If you were hit while out walking, our pedestrian accident lawyers in Statesville can protect your rights and offer clear guidance on your legal options.
Auger & Auger Accident and Injury Lawyers has been helping injured victims since 1995. We assist injured pedestrians and families in pursuing claims against reckless drivers, commercial carriers, and insurers.
Our team handles crosswalk impacts, parking lot incidents, school zone injuries, hit-and-run cases, and wrongful death matters in Statesville. To learn more, talk to one of our Statesville personal injury lawyers today. Free consultations available.
How Our Statesville Pedestrian Accident Lawyers Build Your Case
We start with a focused investigation, which includes gathering important evidence, such as security camera and dashcam footage, vehicle black box data, and intersection signal logs around Statesville.
We also work with treating physicians and other medical experts to gain insight into your injuries and how they are connected to the crash. This kind of medical evidence is important when insurers question causation or the length of your recovery.
Your Statesville pedestrian accident lawyer will also prepare a timeline that shows exactly how the driver’s actions led to the accident. Visual evidence, such as diagrams and photographs help insurers and jurors get a clear picture of what happened and why fault rests with the driver.
North Carolina Laws That Affect Your Pedestrian Claim
North Carolina law has strict rules that can directly affect a pedestrian injury claim:
- Drivers are generally required to yield the right of way to pedestrians in marked crosswalks and at intersections where pedestrians are permitted to cross.
- Drivers must also yield when turning across a pedestrian’s path in a crosswalk.
North Carolina also follows a legal rule called pure contributory negligence. Under this rule, an injured person may be barred from recovering compensation if they are found to be even 1% at fault for the accident.
Because of this strict rule, insurance companies often look for ways to argue that a pedestrian shares some blame. Careful investigation and strong evidence can play an important role in protecting a pedestrian injury claim.
Contributory Negligence And The Last Clear Chance Rule
In limited situations, North Carolina law allows an injured person to recover compensation even if the defense claims they were partly at fault.
One example is the last clear chance doctrine. This rule may apply if the driver had the final opportunity to avoid the crash but failed to take reasonable action to prevent it.
Other facts can also affect liability. For example, a driver who was speeding, impaired, distracted, or ignoring a crosswalk signal or school zone may face strong legal claims despite arguments raised by the defense.
Who Pays After a Pedestrian Collision?
In many pedestrian accident cases, the at-fault driver’s liability insurance is the first source of compensation. If the driver is legally responsible for the crash, that coverage may help pay for medical bills, lost wages, and pain and suffering.
However, other insurance policies may apply if the driver leaves the scene or does not have enough coverage. In North Carolina, injured pedestrians may sometimes use coverage from their own auto policy or a policy within their household.
Possible sources of compensation can include:
- Uninsured motorist (UM) coverage, which may apply if the driver has no insurance or in a hit-and-run crash.
- Underinsured motorist (UIM) coverage, which may apply when the driver’s insurance is not enough to cover the full losses.
- Medical payments coverage (MedPay), which can help pay initial medical bills regardless of fault.
Because more than one insurance policy may apply after a pedestrian collision, reviewing all available coverage can help ensure important benefits are not overlooked.
Damages We Pursue for Injured Pedestrians
Our pedestrian accident attorneys in Statesville pursue both economic and non-economic damages after a serious collision. Economic damages focus on the financial losses caused by the crash.
These damages can include medical treatment costs, rehabilitation, prescriptions, and lost income or employment benefits. When injuries prevent someone from returning to the same type of work, a claim may also include loss of future earning capacity.
Non-economic damages address the personal impact of the injury. This may include physical pain, emotional distress, loss of enjoyment of life, and the lasting effects of scarring or reduced mobility.
Other losses tied to the accident may also be included in a claim, such as:
- Transportation costs for medical appointments.
- Home modifications that are needed after an injury.
- Assistive devices such as braces, mobility aids, or adaptive equipment.
Carefully documenting these losses helps ensure the full impact of a pedestrian injury is considered in a claim.
Time Limits for North Carolina Pedestrian Accident Claims
Most North Carolina pedestrian injury claims carry a three-year statute of limitations from the date of the crash. Wrongful death cases generally have a two-year period from the date of death.
Claims that involve public entities or road defects may follow different procedures and defenses, including governmental immunity and special forums.
The earlier our team gets involved, the easier it is for us to track notice or filing requirements and ensure you don’t miss any important deadlines.
Wrongful Death Claims After a Pedestrian Fatality
When a pedestrian collision results in loss of life, a wrongful death claim must be filed by the personal representative of the estate. This person is typically named in the will or appointed by the court.
Under North Carolina law, recoverable damages may include medical expenses related to the injury, funeral and burial costs, the income the person would reasonably have been expected to earn, and the loss of the decedent’s services, care, and companionship.
Building a strong wrongful death claim often requires gathering important evidence early, including the crash report and medical records. Insurance companies may reach out quickly after a fatal accident, so handling those communications carefully can help protect your family’s claim during a difficult time.
Speak With a Statesville Pedestrian Accident Attorney at Auger & Auger
At Auger & Auger, we help injured pedestrians and families understand their rights after a serious crash. With decades of experience handling personal injury claims across North Carolina, our team works to protect clients from insurance tactics and pursue the compensation the law allows.
Contact us today for a free consultation to discuss your situation with one of our Statesville pedestrian accident attorneys.
