Charlotte Pedestrian Injury Lawyer

In the immediate aftermath of a pedestrian accident, you might experience a range of natural reactions. You’ll likely have moments of fear, anxiety, doubt, and worry. But it’s important to be aware that the steps you take following an accident can be vital in determining the strength of your case against the responsible party.

Do Not Try to Imply Fault Immediately After a Pedestrian Accident

After an accident, there are two natural reactions: you might feel that you want to admit responsibility for the accident or you might want to blame the other party for causing the accident. These reactions could lead you to make statements that an opposing party’s insurance company can try to use against you.

You should avoid any statements of admission or implied guilt until all of the facts can be brought to light. In the case of a pedestrian accident, the facts are more than likely to be on your side given the standards of negligence, which we’ll discuss in depth below.

Seek Medical Attention Right Away

Even if you are feeling fine, you should be examined by a medical professional in case there are underlying injuries that are not readily apparent.

A proper medical examination provides documented evidence of your immediate state following the accident. Insurance companies will find it more difficult to argue that the accident had no physical effects if a competent professional provides a diagnosis for your injuries, relating them back to your accident.

Get a Police Report

In any accident with significant damage or injuries, it’s a good idea to call the police to the scene so they can take official statements and record their observations for an official police report.

If a police report is filed, the insurance companies can also use the official record to address the facts as they’re assessing fault.

Recollect the Facts of Your Case in Anticipation of an Insurance Adjuster

In a pedestrian accident case, the involved parties will likely want to go through insurance to avoid litigation costs, unless injuries are significant. First, make sure the other party has insurance. If the other party does not have insurance, litigation may be necessary.

When you’re going through the insurance claims process, what typically happens is that the insurance companies will want to take official statements from each side. You will want to be prepared for this discussion and take time to recollect and write down your memories of the accident.

Being clear and concise in your statement will be important when it comes to determining who is ultimately liable for the accident costs.

Find a Pedestrian Injury Attorney to Walk You Through the Process

As these steps can happen quickly after an accident, your best bet is to consult with a knowledgeable Charlotte pedestrian injury attorney right away to get your facts straight. Call Sumwalt Anderson today at (704) 377-3770 for experienced representation in your case.

How Does “Fault” Work in a Pedestrian Accident?

Tort Law Principles Apply to Insurers and Pedestrian Injury

Tort law is a type of law that deals with civil liability and the concept of “negligence.” Generally, negligence can be thought of as the failure to take proper care to do something when there is an expectation that care should be taken.

Negligence is comprised of five different elements, which include:

• Duty: Did the defendant (driver) owe a duty to the plaintiff (pedestrian)?
• Breach: Did the defendant (driver) fail to use the typical standard of care exhibited when carrying out their duty?
• Actual Cause: Did the actions of the defendant (driver) lead to the plaintiff’s (pedestrian’s) harm?
• Proximate Cause: Was it the type of harm that would be expected based on the defendant’s (driver’s) actions?
• Damages: Was the plaintiff (pedestrian) harmed?

Insurers and our pedestrian accident lawyers in Charlotte will keep these elements in mind when determining who is at fault for the accident.

Drivers Are Expected to Obey Traffic Laws and Use Reasonable Behavior

Drivers in North Carolina have a general duty to obey the North Carolina traffic laws.

Statutory laws are also consistent with the expectation that drivers will observe a duty of reasonable care. The general standard of care in any vehicular accident case is whether the driver uses reasonable and prudent caution that would be expected of another driver in the same situation.

Examples of appropriate care include:

• Keeping eyes on the road while driving
• Not texting or using the phone while driving
• Yielding the right of way to pedestrians.

Any accident in which the driver failed to obey a traffic law will place the burden on the driver to overcome a presumption that their behavior was negligent.

Can Pedestrians Be Found Negligent?

The same principles of negligence apply to pedestrians, as well. There is a general expectation that pedestrians will use reasonable care when walking. For example, it can be expected that pedestrians will not illegally cross a road and that they will look for oncoming traffic when crossing through a crosswalk.

In North Carolina, there is a principle called “contributory negligence” in which any negligence on behalf of the pedestrian could theoretically bar the pedestrian’s ability to recover compensation.

However, the determination of what behavior is reasonable is fact-specific. Call Sumwalt Anderson today at (704) 377-3770 to have a knowledgeable pedestrian accident lawyer assess the specific facts of your case.

Frequently Asked Questions