Drivers in North Carolina have a responsibility to follow all of the state’s traffic laws and regulations, as well as motor vehicle liability security – or insurance. These laws and protections extend to the way motorists behave around pedestrians. A driver must take care to avoid a collision with a pedestrian at all times, just as the driver must try to avoid colliding with other vehicles on the road. Unfortunately, accidents between pedestrians and motor vehicles in North Carolina are still common. If you, as a pedestrian, are the victim in an accident with a motor vehicle, you may have suffered significant emotional and physical trauma. If so, a Raleigh pedestrian accident lawyer can help you seek fair compensation. Call the Tien Law Firm legal team at 919-348-7727 for a free consultation today.
Driver Negligence in Pedestrian Accidents
In order to receive a settlement in a personal injury case, it is typically necessary for the injured party to demonstrate that the defendant’s negligent behavior caused their injuries. When a driver injures a pedestrian, the pedestrian who was injured must produce evidence that the driver was acting negligently when the accident occurred.
Dangerous driving is a form of negligence due to violating state motor vehicle operating law(s) designed to keep the public safe, including, but not limited to:
- Driving too fast for the road conditions
- Driving too fast for weather conditions
- Failing to stop at stop signs
- Failing to stop at red traffic lights
- Failing to maintain a lane
- Failing to stay on the roadway
- Failing to yield to a pedestrian in a crosswalk
If a driver performs one of these actions and strikes a pedestrian, law enforcement may issue a traffic ticket to the driver. This citation, or a corresponding police report from the accident, can be a key piece of evidence as you and your attorney attempt to prove that your injuries from the accident are a result of the driver’s negligent actions.
Other Forms of Driver Negligence
There are other negligent actions a North Carolina motorist can take to cause an accident that injures a pedestrian. These actions may include:
- Distracted driving: where the motorist may be looking at a smartphone or another device in the car rather than watching the roadway.
- Drunken driving: where the motorist has been drinking alcohol and maybe over North Carolina’s legal BAC limit of 0.08%
- Driving under the influence of drugs: where the motorist took illegal or prescription drugs that impaired their ability to drive safely.
- Drowsy driving: where the driver is operating a vehicle for too many hours without rest or sleep.
- Reckless or aggressive driving: where the driver is not behaving in a responsible manner and maybe swerving or passing other vehicles aggressively.
Even if law enforcement does not issue a ticket or a criminal charge to the driver in situations like these, enough evidence may exist that the driver was behaving negligently to result in a favorable outcome in your personal injury lawsuit. The lawyers at Tien Law Firm can gather evidence of driver negligence and present your side of the story in your Raleigh pedestrian accident. A Raleigh pedestrian accident lawyer will stand by your side during negotiations with insurers and take your case to court if need be. Call us at 919-348-7727 for a free consultation on your case today.
Injuries in a Pedestrian Accident
Any time a car strikes a pedestrian, the potential for injury is high. Even a small car can harm a pedestrian irreversibly. It is important that you seek medical care immediately after the accident or as soon after it occurs as possible. You may have internal injuries that are not obvious or injuries that seem small now but could require ongoing care. Pedestrians injured by cars can suffer head and brain injuries. These injuries can include:
- Traumatic brain injury
- Bleeding in the brain
Head injuries can linger for months or years, causing disability or emotional trauma. If you suspect you received a head injury in your accident, see a doctor immediately. It is important to document all injuries in order to hold the responsible parties liable for the full cost of your recovery.
Let Us Defend Your Right to Receive Fair Compensation
When you have been struck by a vehicle and are dealing with the driver’s insurance company, you may feel as though you are not being treated fairly. The insurance company might attempt to downplay your injuries or talk you into accepting a lower compensation offer than you deserve. The lawyers at Tien Law Firm can stand up to aggressive insurance companies and build a case that defends your right to compensation. Should you choose to retain our services and an Raleigh pedestrian accident lawyer for your case, we can:
- Gather evidence of the responsible party’s negligence
- Gather evidence that documents the full extent of your injuries
- Hire traffic accident experts if need be
- Handle all communication with insurance companies on your behalf
- Manage legal paperwork and deadlines
If the responsible party is not willing to negotiate a fair settlement for you, we are not afraid of taking your case to court and defending your rights there. For a free consultation on your case, call the Raleigh legal team at Tien Law Firm today at 919-348-7727 today. Consultation calls are free. If you choose to hire our lawyers, you pay nothing up front. We work on a contingency-fee basis, meaning we do not get paid unless you reach a settlement or ruling in court.