Understanding Pedestrian Accidents in North Carolina
Pedestrian accidents occur when a person walking is struck by a vehicle. In North Carolina, these accidents happen for various reasons, including distracted driving, speeding, failure to yield, or even improper road conditions. Often, these accidents result in serious injuries, and in some cases, they can be fatal. When these accidents happen, the injured party may have the right to seek compensation for their medical bills, lost wages, pain, and suffering. In North Carolina, proving liability in pedestrian accidents often requires careful investigation. The evidence must show that the driver of the vehicle was negligent in some way, such as failing to follow traffic laws. At the same time, the defense may argue that the pedestrian was at fault or that the accident was unavoidable. Understanding the complexities of these cases is essential to navigate through the legal process.
Marcel McCrea
Attorney
James A. Noel
Attorney
Tylisa Crawford
Paralegal
The Burden of Proof in Pedestrian Accident Cases
In any legal case, the person bringing the case to court must prove that their claims are true. This is known as the burden of proof. For a pedestrian accident case, this means that you or your legal team will need to demonstrate that the driver was at fault for the accident and that their actions caused your injuries. North Carolina operates under a “comparative negligence” rule. This means that even if the pedestrian shares some fault in the accident, they may still be entitled to compensation, but the amount could be reduced based on their percentage of fault. This rule can make proving liability even more challenging. If, for example, a pedestrian stepped into the street without looking, the driver might argue that the pedestrian’s actions contributed to the accident. In these cases, it is crucial to have solid evidence to back up your version of events.Gathering Evidence to Prove Liability
One of the most significant challenges in pedestrian accident cases is gathering the right evidence to prove liability. In order to show that the driver was at fault, you will need to provide details that support your claim. This may include witness statements, surveillance footage, and accident reports. Additionally, physical evidence like skid marks or damage to the vehicle can be important in showing how the accident occurred. Sometimes, proving liability is not as simple as it might seem. For instance, if there were no witnesses to the accident, it might be difficult to prove that the driver was speeding or distracted. Similarly, if the driver claims that the pedestrian was at fault, it could take time to investigate whether the pedestrian had the right of way or whether the road conditions contributed to the incident.
I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and ClearView Legal for anyone looking for excellent attorneys.”
- Frantz Jacques
ClearView Legal do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book."
- Osmund Marcellin
I was recently injured in a car accident. I hired Attorney Marcel McCrea of ClearView Legal in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering.
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
- S. Jackson
Dealing with Insurance Companies
Once a pedestrian accident is reported, the insurance companies will get involved. The driver’s insurance company will try to minimize their payout by questioning who was at fault or by offering a settlement that is far below what you deserve. This is another reason why proving liability can be so challenging. Insurance adjusters are trained to protect the interests of their company, and they often do this by casting doubt on your case or offering lowball settlements. You should never accept an offer from an insurance company without consulting an attorney. Insurance companies often try to settle quickly, and their offers might not reflect the full extent of your injuries or the long-term costs of medical treatment. An attorney can help you navigate these negotiations and ensure that you receive a fair offer.Challenges in Proving Fault and Contributory Negligence
In North Carolina, proving fault is made more difficult by the state’s comparative negligence laws. Even if you are partially at fault for the accident, you may still have a right to compensation. However, the amount of compensation you receive can be reduced based on how much fault is attributed to you. For example, if the jury finds you 20% at fault for the accident, your compensation will be reduced by 20%. This is why it is so important to have an attorney who understands the nuances of North Carolina law. Your attorney can help you build a strong case by demonstrating the driver’s responsibility in the accident and countering any claims of fault against you. The goal is to make sure you receive the compensation you are entitled to, despite any claims of shared responsibility.Related Videos
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