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:


Frequently Asked Questions about Pedestrian Accidents:

Why Do I Need a Lawyer for an “Obvious” Pedestrian Accident 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.

Can I recover for a Pedestrian Accident if I was not crossing in a crosswalk?

North Carolina’s doctrine of contributory negligence may bar recovery as this can arguably be seen as contributing to the accident. However, if the driver had a last clear chance to avoid the accident, such as having plenty of time to swerve, then you may still be able to recover. However, it is always a good decision to cross in a crosswalk as this will greatly improve your safety and chances of success if an accident does occur.

What if there is no sidewalk and there’s a Pedestrian Accident?

Walk on the left side of the road, facing oncoming traffic. When there are no sidewalks, pedestrians must give motorists the right of way. Walking with your back to oncoming traffic may be seen as contributing to the accident and could bar you form recovery; however, there are possibilities to recover even in this situation, as motorists still have an obligation to pedestrians to drive safety, carefully, and be on the lookout for pedestrians. The possibility of recovery is why it’s vital to speak with one of our top rated rated Pedestrian Accident lawyers in Greensboro, North Carolina so we can better advised you of the prospect for success with your individual case.

pedestrian accident attorney

Are Pedestrian Accidents common in North Carolina?

Yes, in North Carolina there were 2,070 pedestrian involved in motor vehicles accidents in 2020, according to the North Carolina Department of Transportation. 249 of those resulted in death and the other 1,821 resulted in injury. Most of these accidents occur in cities where there is heavy pedestrian traffic.

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What kind of damages can I recover for a Pedestrian Accident?

Being struck by a car as a pedestrian can create a seemingly insurmountable financial burden. When injured in a pedestrian accident, you can seek to recover your medical expenses, pain and suffering, lost wages, and punitive damages (depending on the specific facts of your case). It’s important to have an experienced pedestrian accident lawyer who has handled pedestrian accidents to ensure you receive full and fair compensation for your injuries.

Can I recover partial damages if the motorist is more at fault in a Pedestrian Accident?

Unfortunately, no. North Carolina’s contributory negligence doctrine will prevent any recovery if you are partially at fault. However, the Last Clear Chance doctrine can be utilized to recover even if you are partially at fault. It is important to contact a lawyer as soon as possible after your pedestrian accident to preserve vital evidence and begin investigating your case.

How long do I have to file a claim against the motorist for a Pedestrian Accident?

You typically have 3 years from the date of the accident to file a claim. If you are under 18 years old at the time of your injuries, you have 3 years from your 18 th birthday to file your claim. Again, the sooner your contact our Greensboro Pedestrian Accident Lawyers, the sooner we can begin investigating and seek the evidence required to hold the at-fault drive responsible.

What are the first steps I should take after my pedestrian accident in North Carolina?

Seek medical attention right away and make sure your injuries are diagnosed by a medical professional. Report the accident to the police and save a copy of the police report. Begin to collect copies of your bills or pay stubs including lost income due to being injured.

Contact us at Garrett, Walker, Aycoth & Olson, Attorneys at Law, as soon as possible so that our Greensboro Pedestrian Accident Attorneys can discuss your case with you and begin investigating before vital evidence goes missing or is destroyed

Garrett, Walker, Aycoth & Olson Greensboro Pedestrian Accident Lawyer


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