A recently decided Court of Appeals case Patterson v. Worley, ruled that a pedestrian crossing the road properly had her case thrown out. She was crossing the roadway–not in a crosswalk–when a vehicle stopped to allow her to cross. She looked around the vehicle that stopped and then ran across the roadway, only to be hit by an oncoming car.
Our Greensboro Pedestrian Accident Attorneys are reviewing the specifics of the case. Unfortunately for the plaintiff in the case, witnesses testified that she darted out from behind the stopped vehicle. The Court decided that she failed to yield the right of way to the oncoming vehicles and was therefore contributorily negligent. Under North Carolina law, contributory negligence prevents an injured party from recovery.
Our Greensboro Personal Injury Lawyers have significant experience fighting the defense of contributory negligence. One way to avoid its harsh consequences is the doctrine of Last Clear Chance. The pedestrian in the Patterson case attempted to rely on Last Clear Chance, but the Court decided it did not apply because the pedestrian was in control of the danger at all times and simply chose to take the risk.
Our Greensboro Pedestrian Accident Lawyers encourage all pedestrians to utilize crosswalks when crossing the street. Failing to do so can lead to injuries for which the pedestrian may not be able to recover.