Pedestrians in the Monroe are expected to use reasonable care and caution as they navigate busy intersections and walk on sidewalks flanked by heavy traffic. While most pedestrians in the Monroe, NC area are able to reach their destinations without any problems, pedestrian accidents can and do occur when drivers fail to use reasonable care in handling their vehicles near pedestrians. These incidents can also result from pedestrians failing to use appropriate caution or when they ignore crosswalk indicators and other traffic signals. No matter how a pedestrian accident happens, the pedestrian is likely to suffer extreme injuries from being hit by a car; some of these injuries can pose life-changing complications or even threaten the victim’s life.
Ayers, Whitlow & Dressler offers compassionate and client-focused legal representation for all manner of personal injury claims in the Monroe area. Whenever one party’s negligence or misconduct results in harm to another party, this is a personal injury, and the victim has the right to file a civil claim for damages against whoever is responsible for the injury. We can help you assess fault for your recent pedestrian accident, hold the responsible party accountable, and maximize the compensation you secure for your damages.
It may technically be possible to handle your recovery efforts on your own after a pedestrian accident but managing your procedural obligations and your medical needs at the same time would be incredibly difficult for the average person with no legal experience or formal legal education. Furthermore, even if the victim managed to succeed with a civil claim independently, an attorney could likely secure far more compensation for their damages than they could obtain on their own.
When you have an experienced Monroe pedestrian accident attorney handling your case, you can rest and recover with peace of mind, and your attorney will keep you informed on your case’s progress. The state requires all drivers to have auto insurance, and a claim against an at-fault driver’s insurance policy could yield some helpful initial compensation after a pedestrian accident. In addition, your attorney can improve the final results of your insurance settlement and help you explore further legal action in the form of a personal injury claim.
Ultimately, any injured pedestrian is likely to face a host of complications from their experience, and there is no reason they should be left to bear the effects of another party’s negligence if that party caused their injury. Hiring an experienced Monroe pedestrian accident attorney can significantly improve the chances you will succeed with your recovery efforts, and the right attorney will help you maximize your recovery as much as state law allows.
Pedestrians have the right to walk through busy metropolitan areas, expecting that drivers will yield the right of way to them where appropriate. Pedestrians are expected to heed crosswalk signals, only cross streets when it is safe to do so, and only use designated crosswalks. A pedestrian could easily lose their right to claim compensation for damages if they fail to uphold their own duties of care in any way that contributes to causing an accident.
Most of the pedestrian accidents that occur throughout the United States are the result of distracted driving. Even momentary inattention behind the wheel can have disastrous consequences, especially for pedestrians because they are smaller and harder to notice than vehicles. A distracted driver could easily run a red light, veer onto a curb, or otherwise endanger themselves and others. Other forms of negligence that often cause pedestrian accidents include speeding and reckless driving. Any plaintiff harmed by a defendant’s carelessness, inattention, or general lack of regard for the safety of others must prove the defendant had a duty of care, breached this duty in some way, and directly caused the plaintiff’s damages.
Pedestrian accidents most commonly occur in urban areas, but they may also happen in residential or rural areas. For example, if a pedestrian is walking on the roadside at night, a passing driver who is driving too close to the shoulder could hit them if they don’t notice them in time to stop. Most pedestrian accident claims filed in North Carolina pertain to acts of negligence or failure to exercise reasonable care around pedestrians. However, it is also possible for a pedestrian accident to result from intentional misconduct or criminal behavior.
If a defendant caused a pedestrian accident through intentional misconduct, they would face much harsher penalties beyond liability for the plaintiff’s civil damages. Depending on the scope and severity of their actions, they may face criminal charges for causing the accident. This is especially likely if they caused a catastrophic or fatal injury. If a pedestrian accident does not survive, their family would have the right to pursue a wrongful death action against the at-fault driver.
The first step for any plaintiff seeking recovery from a defendant’s negligence or misconduct is identifying the defendant and proving they are directly responsible for the plaintiff’s claimed damages. For example, whenever a motor vehicle driver hits a pedestrian, they are liable for the pedestrian’s damages. However, if the pedestrian is partially at fault for causing the incident, their contributory negligence will bar them from securing compensation from the defendant.
The state’s contributory negligence law effectively cancels a plaintiff’s right to claim damages if they bear even slight partial responsibility for causing their damages. For example, if a pedestrian jaywalks in front of a driver and the driver has no time to stop and avoid a collision, the pedestrian will likely absorb partial responsibility for the accident. Under the contributory negligence law, this is sufficient for the plaintiff to lose their right to claim compensation.
Some of the most common causes of pedestrian accidents include distracted driving, driving under the influence of alcohol or drugs, speeding, and moving violations like running red lights. An experienced Monroe pedestrian accident attorney will be invaluable for gathering whatever evidence you need to prove liability for your damages and hold the at-fault driver accountable for the losses you experienced.
North Carolina law enables the plaintiff in any personal injury case to seek various economic damages from the defendant. A successful case should yield full repayment of all the economic losses the defendant caused. The plaintiff will need to prove the full extent of these losses and demonstrate that they are the direct results of the defendant’s actions and not some other cause.
If you can successfully establish liability for your pedestrian accident, the economic damages you can seek from the defendant include:
Accurately calculating the full scope of your claimable economic damages in a pedestrian accident case is much easier with an experienced Monroe pedestrian accident attorney helping you. A good attorney can potentially reveal avenues of recovery you may not have considered on your own, increasing your final recovery by a substantial margin. However, your recovery may not end with your economic damages.
State law enables the plaintiff in a personal injury case to seek compensation for the pain and suffering the defendant caused them to experience. This could seem subjective and difficult to translate into financial terms, but a good attorney can provide valuable guidance in calculating appropriate pain and suffering compensation to seek from the defendant. For example, if you suffered any measure of permanent harm from your experience, your pain and suffering compensation might form the bulk of your total recovery.
There are two common ways for an attorney to calculate pain and suffering compensation for a client. The first is the “per diem” method, most suitable for plaintiffs expected to fully recover from their injuries. This will award a certain amount of pain and suffering compensation every day until the plaintiff reaches maximum recovery from their injuries. However, when a plaintiff has suffered a catastrophic injury resulting in any level of permanent harm, their attorney will be more inclined to seek a large lump sum of pain and suffering compensation.
It can be incredibly daunting and distressing to imagine pursuing legal recourse after experiencing painful and life-changing injuries in a pedestrian accident. However, the sooner you secure legal counsel you can trust and begin working on your recovery efforts, the more successful those efforts are likely to be. Therefore, after you address your immediate medical needs following a pedestrian accident, reaching out to an experienced Monroe pedestrian accident attorney should be your first concern before discussing any kind of settlement with an insurance company or the at-fault driver.
When you choose Ayers, Whitlow & Dressler to represent you in a pedestrian accident case, you will have readily available access to extensive legal experience, answers to your pressing legal questions, and advice regarding any concerns you may have about your impending recovery efforts. In addition, our team takes time to develop individually tailored legal strategies for every client we represent, ensuring we address each client’s unique needs and concerns.
Most personal injury claims filed settle outside of court. A swift settlement generally behooves all parties involved in the case, and a good attorney will work to secure their client a fair settlement as soon as possible. However, a defendant accused of liability for a pedestrian accident is likely to allege the plaintiff is partially responsible for causing the incident. Pedestrian accident claims can easily generate disputes like this, and reliable legal counsel will be crucial for effectively resolving cases like these.
Ayers, Whitlow & Dressler can gather evidence like traffic camera footage, witness statements, and drivers’ cell phone records to help our clients prove liability. Pedestrian accident cases tend to involve substantial damages, and due to the state’s contributory negligence law, it is very likely for any defendant accused of causing a pedestrian accident to claim comparative negligence in their own defense. Ultimately, whatever your case entails, you have the best chance of reaching favorable results with an experienced legal team advising you.
A: State law enables you to seek full repayment of all your economic damages. This includes immediate losses like hospital bills and property losses, but you also have the right to claim compensation for lost income, lost earning potential, and any other long-term damages resulting from the defendant’s negligence. You also have the right to recover pain and suffering compensation that is not capped by state law. Your Monroe pedestrian accident attorney can give you an estimate of your case’s total possible value.
A: A motor vehicle driver always has a duty of care to prevent injuries to pedestrians. Even if a pedestrian demonstrates negligence of their own and contributes to causing an accident, the driver will still face liability due to their higher duty of care. There are very few possible scenarios in which a pedestrian would bear more fault for a pedestrian accident than the driver who hit them. Your Monroe pedestrian accident attorney is the best resource to consult if you have any concerns about bearing partial liability for your claimed damages.
A: Whenever a motor vehicle hits a pedestrian, the victim is likely to suffer serious injuries even if the incident happened at a low to moderate speed. The higher the speed at which the driver hits the pedestrian, the greater the chance for catastrophic or fatal injuries to result. Traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage are just a few of the most commonly cited injuries resulting from pedestrian accidents in the Monroe area.
A: Ayers, Whitlow & Dressler accept personal injury clients on a contingency basis. This ensures you pay nothing upfront for our legal representation and only owe us a fee once we win your case. Your contingency fee is a percentage of the final case award, and you keep the remainder. The contingency fee billing system enables us to keep our legal representation as accessible as possible to those who need it most.
A: An experienced legal team can offer tremendous value to your pedestrian accident case. They can handle all the procedural aspects of the claim and allow you to rest and recover with peace of mind knowing your case is in capable and reliable hands. They can also help you file an initial insurance claim, if possible, before building your civil claim for damages against the driver who hit you. Even after you account for the cost of hiring your attorney, the value they provide to your claim should be readily apparent.
The attorneys at Ayers, Whitlow & Dressler have successfully represented many clients in all types of personal injury claims in Monroe, including those pertaining to pedestrian accidents. When you are sure another party bears liability for hitting you or a loved one with their car while you were walking, an experienced Monroe pedestrian accident attorney is the best asset to have on your side if you want to ensure their accountability for your damages. Contact us today to schedule your consultation with our team, and we will let you know how our firm can assist you in your recovery from a pedestrian accident.
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