Charlotte Pedestrian Accident Attorney

We Will Fight for Every Cent You Deserve

Pedestrian accidents are incredibly devastating. People who are hit by cars while walking or standing near the road often sustain catastrophic injuries, and many die as a result. All too often, these accidents are entirely preventable and could have been avoided had the at-fault motorist simply paid attention or acted with reasonable care.

At Payne Law Firm, we stand up for severely injured individuals and the families of those wrongfully killed throughout North Carolina. Our Charlotte pedestrian accident lawyers provide serious representation for serious injuries and can guide you through the entire legal process. Our founding attorney, Attorney Jason E. Payne, is known for being an aggressive advocate for the injured and can take on the liable insurance company so that you can focus on healing.

We fight to maximize our clients’ recoveries. Call (713) 999-4801 to schedule a free, no-obligation consultation with Attorney Payne today.

Are Motorists Always at Fault for Pedestrian Accidents?

While the phrase, “the pedestrian always has the right-of-way” is a common refrain, this is not necessarily true. Although motorists should take all reasonable actions to avoid hitting a person on foot, pedestrians are also required to follow certain laws.

Below, we’ve outlined some of North Carolina’s pedestrian laws, as covered by the North Carolina Department of Transportation (DOT):

• Pedestrians are required by law to obey all traffic control devices and signals. This includes “Walk/Don’t Walk” signs, red lights, stop signs, etc.
• Pedestrians have the right-of-way when they are in crosswalks. Motorists are required to slow down or stop to yield to any pedestrian crossing in a crosswalk.
• Motorists are required to yield to pedestrians when entering or exiting driveways, alleys, building entrances, parking structures, etc.
• Motorists are prohibited from overtaking other motorists who are stopped to allow a pedestrian to cross, either in a marked crosswalk or unmarked crosswalk at an intersection.
• Pedestrians crossing roadways where there is no marked crosswalk or intersection, including where there are marked pedestrian tunnels or overhead walkways, are required to yield the right-of-way to motorists.
• Pedestrians are prohibited from walking along or in roadways adjacent to a sidewalk; pedestrians must use provided sidewalks when available.
• If there is no sidewalk, pedestrians can walk in/along roadways but must stay as far to the left and facing traffic whenever possible. In such situations, pedestrians must yield the right-of-way to motorists.

When pedestrians fail to follow the appropriate laws, they could be found to have acted negligently. As such, they may be determined to be partly or wholly liable for an accident, thereby barring them from recovering any compensation for their damages.

What to Do If the Insurance Company Is Trying to Blame You for a Pedestrian Accident

Because North Carolina follows the rule of contributory negligence, which is notoriously strict, anyone who is found even 1% at fault for an accident cannot recover compensation through a personal injury lawsuit. As such, insurance companies will often try to argue that a pedestrian was acting negligently or unlawfully and that this contributed to or caused the accident. If successful, such an argument would mean that the insurance company does not have to pay out your claim, which is good for them and terrible for you.

At Payne Law Firm, we strongly advise that you do not speak to anyone from the other person’s insurance company. Insurance adjusters may try to reach out to you to obtain a statement; you should absolutely NOT provide any verbal or written statement to the insurance company. Instead, reach out to an experienced pedestrian accident attorney in Charlotte as soon as possible after the accident to learn how you can protect your rights.

In many, many cases, a negligent motorist or even a bicyclist strikes an innocent pedestrian who is following the law. When this is the case, the pedestrian is entitled to seek compensation for their damages, but it is critical that they work with a knowledgeable attorney who can protect them from the insurance company’s tactics.

Reach out to us today at (713) 999-4801 or submit an online contact form to learn how our pedestrian accident lawyer in Charlotte can fight for you.