Pedestrian Accident Lawyer
Unfortunately, Greensboro Pedestrian Accidents happen more often that you would think and cause pedestrians to suffer serious injuries or die. If you have been hurt in a Greensboro Pedestrian Accident, you need to consult a lawyer immediately because insurance companies often will not treat you fairly. We often see pedestrians injured due to:
Why Do I Need a Lawyer for an “Obvious” Pedestrian Case?
Litigating pedestrian cases takes a great deal of knowledge due to special laws and defenses surrounding pedestrian injuries, so things aren’t always so obvious or simple. For instance, insurance companies can rely on the defense of contributory negligence in North Carolina, which often will be utilized by them whenever a pedestrian is hit outside of a crosswalk or while walking with his or her back toward traffic. However, due to the harshness of the contributory negligence doctrine, which completely and totally prevents any recovery if the pedestrian is found to be even 1% at fault for his or her injuries, North Carolina law allows a recovery if the injured party can prove that, despite his or her contributory negligence, the Defendant had the last clear chance to avoid the collision.
In a Greensboro Pedestrian Accident, the last clear chance doctrine applies when: (1) the pedestrian was in a position of peril from which he or she could not escape by the exercise of reasonable care; (2) the vehicle driver knew or could have discovered the pedestrian’s perilous position and his or her inability to escape from it before he or she suffered injuries; (3) the vehicle driver had the time and means available to him or her to avoid injury to the pedestrian after he or she discovered or should have discovered the pedestrian’s perilous position and inability to escape from it; and (4) the vehicle driver negligently failed to use the available time and means to avoid injury to the pedestrian.
This often can be the case when the facts show that the pedestrian was visible in the roadway from far enough away that the vehicle driver should have seen the pedestrian and should have stopped, swerved, or taken other action to avoid hitting the pedestrian. While it is not always applicable in every case, it is particularly useful in Greensboro Pedestrian Accidents to mitigate the harshness of the contributory negligence doctrine and allow our personal injury lawyers to recover for your injuries.
Obviously, injuries sustained by pedestrians are often stunningly severe. They can include spinal injuries, brain injuries, as well as broken limbs and permanent injuries. For many reasons, you need a strong, forceful lawyer with the experience to take the insurance company to trial with a history of courtroom victories.