Raleigh Pedestrian Accident Lawyer

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 919-800-2000 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

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:

  • Speeding
  • 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 919-800-2000 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:

  • Concussion
  • 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 Protect Your Rights and Help You Fight for Full 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

Finding the Best Raleigh Pedestrian Accident Lawyer for You

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 919-800-2000 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.

What Our Clients Say

Why Hire Tien Law Firm?

As the founder of Tien Law Firm, Sonya Tien understands the difficulty accident victims often encounter when trying to recover compensation after their injury. She founded her firm to defend victims' rights and support them through these challenges.

Tien Law Firm built its foundation on helping personal injury victims seek justice for their suffering. We understand personal injury law, and we can provide you with the most up-to-date and accurate legal counsel available. We have more than a decade of experience in dealing with insurance companies and presenting cases successfully.

Frequently Asked Questions

How Much Is My Case Worth?

Determining the value of a personal injury case is complex and varies from situation to situation. Several factors will influence the potential worth of your case, including:

1. Medical Expenses

Your current and future medical expenses resulting from the injury will significantly impact your case’s value. This includes hospital bills, medication costs, rehabilitation expenses, and any other related medical treatments.

2. Lost Wages

If the injury has caused you to miss work, the wages lost during that time, as well as potential future earning capacity, will be considered when assessing the overall worth of your claim.

3. Pain and Suffering

Compensation for pain and suffering is often a critical aspect of personal injury claims. This intangible damage accounts for the physical pain and emotional distress you have experienced as a result of the injury. The calculation for these damages can vary widely, typically ranging from a few multiple times of your economic losses.

4. Negligence Contributions

In cases where the victim is partially at fault for the injuries, their injury claim may be barred in contributory negligence states such as North Carolina, or reduced in comparative negligence states such as California. Understanding how this applies to your specific situation is essential for accurate valuation.

5. Insurance Policy Limits

The available insurance coverage of the parties involved will also affect the potential settlement you can receive. Ultimately, our personal injury attorney at Tien Law Firm is well-versed in evaluating the worth of cases similar to yours. They will perform a thorough analysis of the specifics surrounding your case to arrive at a realistic valuation.

How Much Does an Injury Attorney Cost?

One of the primary concerns for those considering hiring an injury attorney is the cost. The expenses associated with legal representation can vary significantly based on several factors, including the lawyer’s experience, the complexity of your case, and the geographical location. However, our personal injury attorney accepts cases on a contingency fee basis.

Contingency Fee Basics

A contingency fee structure means that you only pay the attorney if you win your case. Typically, the attorney’s fee will be a percentage of the settlement or judgment amount. This arrangement can alleviate the financial burden of upfront legal costs, allowing you to focus on your recovery without the stress of hourly billing. 

Why Should I Hire Tien Law Firm for Your Injury?

Choosing the right attorney can make a significant difference in the outcome of your case. Tien Law Firm stands out for numerous reasons:

1. Experience in Personal Injury Law

With a focus on personal injury cases, Tien Law Firm’s award-winning personal injury lawyer is adept at navigating the intricacies of this field. Their specialized knowledge equips them with the skills needed to effectively advocate for your rights.

2. Proven Track Record

The firm’s history of successful outcomes for clients speaks volumes. Their commitment to pursuing justice for injured individuals has resulted in many settlements and verdicts over the past decade.

3. Personalized Approach

Every case is unique, and Tien Law Firm understands the importance of treating clients with individual care. They take the time to understand your specific situation, committed to securing the best possible outcome.

4. Compassionate Support

In addition to legal expertise, Tien Law Firm offers compassionate support throughout the process. They recognize how challenging and emotional these circumstances can be, striving to provide encouragement and assistance every step of the way.

5. Dedication

We love helping our clients and we are dedicated to go the extra mile. Whether working with a network of expert witnesses, investigators, and medical professionals, Tien Law Firm is prepared to build a robust case on your behalf to ensure no stone is left unturned in pursuit of the full  compensation you may deserve.

What Types of Personal Injuries Do People Suffer in Raleigh Accidents?

Personal injuries resulting from auto accidents can vary significantly in severity and nature. Here are some common types that individuals may suffer:

  1. Soft Tissue Injuries: These include strains and sprains of muscles, tendons, and ligaments. Whiplash, commonly associated with rear-end collisions, falls under this category and can lead to chronic pain and mobility issues.

  2. Fractures and Broken Bones: Accidents can lead to various fractures, ranging from simple bone breaks to complex fractures requiring surgical intervention. These injuries often require prolonged recovery and can result in permanent physical limitations.

  3. Traumatic Brain Injuries (TBI): A significant concern in auto accidents, TBIs can result from sudden blows to the head or violent shaking. Symptoms may range from mild concussions to severe cognitive impairment or loss of consciousness.

  4. Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis, loss of sensation, or chronic pain. These injuries often require specialized medical treatment and long-term care.

  5. Internal Injuries: Accidents can cause damage to internal organs such as the lungs, liver, or spleen. These injuries may not be immediately evident, making prompt medical attention crucial.

  6. Psychological Injuries: Beyond physical injuries, many accident victims suffer from anxiety, depression, or post-traumatic stress disorder (PTSD). Psychological recovery is as important as physical recovery.

Understanding these injuries can help you grasp the potential complexities of your case, and knowing what types of medical treatments you might need can be vital for recovery.

Experiencing an accident and injury can be disorienting, but taking the right steps immediately afterward can significantly impact your well-being and any potential legal claims:

  1. Ensure Safety: First and foremost, check for injuries. Call 911 if anyone requires medical attention. If it is safe, move your vehicle to the side of the road to prevent further accidents.

  2. Report the Accident: Contact local law enforcement to report the accident, especially if there are injuries. A police report is integral to any potential claims process.

  3. Gather Information: Exchange contact and insurance information with the other driver(s). For auto accidents, take photos of the accident scene, vehicle damages, and any visible injuries. Obtain contact information from witnesses as well.

  4. Seek Medical Attention: Even if you feel fine, some injuries may not manifest immediately. A medical evaluation is essential to rule out serious conditions.

  5. Notify Your Insurance Company: Report auto accidents to your insurer promptly but avoid discussing details that could complicate your case.

  6. Document Everything: Keep detailed records of all expenses, medical treatments, and communications regarding the accident.

  7. Consult Our Personal Injury Attorney: If you suspect negligence or meaningful injury, consulting our Raleigh personal injury lawyer can provide clarity on your next steps.

By following these steps, you can safeguard your health and protect your legal rights.

How Do I Know If I Have a Case After an Accident in Raleigh?

Determining fault after an accident is a crucial step in establishing whether you have a valid personal injury case. Under North Carolina law, the state follows the “contributory negligence” standard, which means if you are found to be at all at fault for the accident, you may not be able to recover damages.

Factors to Consider When Determining Fault:

  1. Traffic Laws: Review whether any traffic laws were violated during the accident. This includes speeding, running red lights, or failing to yield.

  2. Witness Statements: Eyewitness accounts can provide valuable insights into the events leading up to the accident.

  3. Police Report: The findings documented by law enforcement can significantly influence fault determination.

  4. Evidence: Photographs of the accident scene, vehicle positions, skid marks, and damages can help establish the sequence of events.

  5. Insurance Investigations: Insurance companies often conduct their own investigations and may assign fault percentages, which can impact any compensation claims.

If you believe another party was negligent and that their actions caused the accident, you likely have a case worth pursuing. Our Raleigh personal injury attorney can help you gather the necessary evidence and advocate on your behalf.

How Long Will It Take to Resolve My Raleigh Personal Injury Case?

The timeframe for resolving a personal injury case can vary widely depending on several factors, including:

  1. Severity of Injuries: More severe injuries may require longer recovery times, which can extend the duration of the case.

  2. Complexity of the Case: Cases involving multiple parties, disputed fault, or significant damages can take longer to resolve.

  3. Negotiations: The negotiation process with insurance companies can be lengthy, especially if they dispute liability or the extent of damages.

  4. Court Proceedings: If a settlement cannot be reached, the case may proceed to litigation, which can prolong the resolution process.

On average, personal injury cases can take several months to to more than a year to resolve. Consulting with our Raleigh personal injury attorney can provide a clearer timeframe based on your specific situation.

Can I Recover Compensation If I’m Partially At Fault in NC?

North Carolina adheres to a strict contributory negligence rule. This means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation for your injuries. This is a significant difference from many states that use comparative negligence, allowing claimants to recover damages even if they share some blame.

Given this strict legal standard, it’s critical to assess the circumstances carefully. If you believe you may be partially at fault, consulting with a knowledgeable personal injury attorney can help you navigate these complexities and evaluate your chances of recovery.

The process of obtaining compensation for personal injuries generally follows these steps:

  1. Medical Treatment: Seek immediate medical assistance to document all injuries and treatments.

  2. Consultation with an Attorney: An experienced personal injury attorney can provide you with crucial legal guidance and help you understand your rights and potential compensation.

  3. Investigation: Your attorney will investigate the accident, collect evidence, and establish fault.

  4. Demand for Compensation: Your attorney will compile medical records, bills, and evidence of lost wages to present a demand for compensation to the insurance company.

  5. Negotiation: Engage in negotiations with the insurance company. This may involve several counteroffers before reaching a settlement.

  6. Filing a Lawsuit: If a settlement cannot be reached, your attorney may file a formal lawsuit, starting the litigation process.

  7. Trial or Settlement: The case may ultimately resolve through a settlement agreement or proceed to trial, where a judge or jury will determine the outcome.

How Do I Get Started with a Case?

Taking the first step towards securing legal representation after an injury may seem stressful, but it doesn’t need to be. Here’s how to get started:

1. Consultation

Our personal injury lawyer at Tien Law Firm offers free initial consultations. During this question and answer session, you can discuss the details of your case, ask questions, and gauge whether the attorney is the right fit for you.

2. Gathering Documentation

To facilitate the attorney’s understanding of your claim, gather all pertinent documentation, including:

  • Medical records
  • Accident reports
  • Witness statements
  • Photographs of the scene and injuries
  • Correspondence with insurance companies

3. Signing a Retainer Agreement

Once you decide to hire an attorney, you’ll sign a retainer agreement outlining the terms of your partnership. This document will detail how fees are structured, provide clarity on responsibilities, and establish expectations for your working relationship.

4. Building Your Case

After the retainer is signed, your attorney will begin gathering evidence, communicate with insurance companies, and start building your case for compensation. They will keep you informed throughout the process, providing guidance and updates on the progress of your claim.

Speak with Our Raleigh Pedestrian Accident Lawyer for Help

Sonya Tien, Personal Injury Lawyer at Tien Law Firm

A pedestrian accident can be frightening and life-changing. You may have extensive physical injuries and psychological trauma. While the legal process of filing a claim may seem like an ordeal, you do not have to go through it alone when you hire a pedestrian accident lawyer from Tien Law Firm.

If you need financial compensation after a pedestrian accident, our team is here to help you. Contact our Raleigh personal injury lawyer today at (919) 800-2000 for a free evaluation of your case.

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