Free Case Consultations 704-594-4317

Home  /  Charlotte Personal Injury Attorney  /  Charlotte Pedestrian Accident Attorney

Charlotte Pedestrian Accident Attorney

Charlotte Pedestrian Accident Lawyer

Charlotte Pedestrian Accident Attorney 1

When someone on foot is hit by a moving vehicle, this often leads to serious injuries. It is even possible for a pedestrian to bekilled in the collision. No matter how you were impacted by a pedestrian accident, your next step is to get in touch with an experienced Charlotte, NCpersonal injury firm. This is the most effective way for you to protect your interests and rights following a pedestrian accident.

At Ayers, Whitlow & Dressler, we’re always prepared to answer any question you might have about your accident, including the legal steps you should take. Whether your concerns relate to the injuries you’ve sustained, the time you’ve missed at work, or the medical bills you’ve received, our record of success shows that we are well-equipped to come to your aid.

Simply schedule a legal consultation with us at your earliest convenience, and we’ll let you know how you can seek the compensation you’re owed for your injuries — including both your financial and non-financial losses.

Determining Liability in Pedestrian Accident Claims

The liable party in a pedestrian accident isn’t always simple to prove in court, which is why it’s essential that you hire a personal injury attorney to handle your case.

If you were injured by a vehicle as a pedestrian, for your claim to succeed and for you to be compensated, you will need to prove that the driver was liable for the accident. For instance, many pedestrian accidents in North Carolina are the result of distracted driving. If you can prove that the vehicle’s driver was talking on their cell phone at the time of the accident, this could lead to them being deemed liable for the accident.

Charlotte Pedestrian Accident Attorney 2

If it was your turn to cross the street, and you were lawfully using the crosswalk, then the vehicle’s driver would be considered liable for the crash.

A good portion of the time, serious pedestrian accidents take place in rural areas, which are often lacking in sidewalks.

As the pedestrian, be careful not to assume that the court will be on your side. Although drivers are often deemed liable for pedestrian accidents, this isn’t always the case. If you’re not working with an attorney, there’s a far stronger chance that the driver will make it appear as if you were partially (or even fully) at fault for the accident. In fact, due to contributory negligence laws, the vehicle’s driver will only need to prove that you were one percent at fault for the accident. If they can succeed at doing this, then you will be unable to collect compensation of any kind, regardless of how severe your injuries are.

What Is Contributory Negligence & How Can It Affect Pedestrian Accident Claims?

If you are going to trial for a pedestrian accident in North Carolina, then you will be subject to contributory negligence laws. As the plaintiff, if it can be proven that you were at least one percent responsible for the accident, you forfeit all ability to receive compensation for your losses. This is regardless of how severe or costly your injuries were — even if they were life-threatening or resulted in permanent disfigurement or disability.

In North Carolina, especially, it is essential that you prove the driver’s negligence during a pedestrian accident claim. If you fail to prove that the driver was acting negligently, then you could be sacrificing your entire settlement.

Why Is Negligence Important in an NC Pedestrian Accident Case?

For your pedestrian accident claim to be successful, it is crucial that you prove the vehicle’s driver was acting negligently, resulting in the crash. This is the key to showing that the driver was liable for the crash and thus responsible for your losses.

If a driver was acting negligently, this means that they were failing to uphold their duty of care. Whenever the driver of a vehicle doesn’t behave in a manner that another reasonable person would in the same situation, then they are engaging in negligence. This could involve distracted driving (such as talking on a cell phone), failing to abide by traffic laws or road signs, driving under the influence of drugs or alcohol, or anything else that would impede upon their ability to protect those around them, on and off the road.

Injured on Foot? We’ll Perform an Investigation

After you are injured in a pedestrian accident, one of the first actions you should take (after receiving medical treatment) is to get in touch with a personal injury lawyer. The sooner you reach out to the crosswalk attorneys at Ayers, Whitlow & Dressler, the better.

Once you’ve contacted our legal team, we’ll be able to perform a thorough investigation of the incident. The sooner an investigation begins, the better — this ensures that less evidence is lost or destroyed. It’s even possible that this evidence could make or break your case when it comes to determining liability.

We’ll arrive at the scene of the accident, before analyzing, evaluating, and researching the findings of our investigation.

No matter where you sustained your pedestrian injury, we’re prepared to take on your case. For instance, we’ve worked with clients who were injured in the following areas:

  • Crosswalks
  • Parking garages
  • Parking ramps
  • Parking lots
  • City or residential streets
  • Sidewalks

Pedestrian Accidents Often Occur at Crosswalks

We’re a team of experienced attorneys who have helped numerous injured pedestrians and we’re familiar with the many ways that pedestrian crashes can occur. We have found, however, that many pedestrian accident cases occur at crosswalks. In fact, this is the most common type of pedestrian accident that we’re contacted about.

More specifically, crosswalk accidents tend to take place when a car, truck, or other vehicle either runs a red light or fails to yield to those on foot.

Although crosswalk accidents are often the fault of the driver, this doesn’t mean that pedestrian accident claims aren’t complicated. The laws in North Carolina are often complex, and unfortunately, tend to favor the vehicle’s driver over the pedestrian. The attorneys at Ayers, Whitlow & Dressler understand each of these laws inside and out, giving us the ability to prove that the driver was at fault for the accident. This is exactly how we regularly secure the compensation that our clients are rightfully owed.

Common Pedestrian Accident Injuries

Whether a pedestrian is sitting, walking, running, or jogging, they could receive a serious injury if they are struck by a motor vehicle. However, the injuries that pedestrians tend to receive can vary from accident to accident.

Some of the most common injuries sustained during pedestrian accidents are:

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries, or TBIs, often result when a pedestrian is hit by a vehicle. TBIs come in a number of forms, as well as varying levels of severity. However, these injuries are always serious and can create lasting consequences for the sufferer.

Most frequently, a TBI occurs when an individual receives a violent jolt or blow to their head or body. Still, some TBIs are the result of an outside object piercing either the skull or the brain, leading to serious brain damage — and sometimes even death, especially if the injured party doesn’t receive immediate medical treatment.

If someone receives a mild TBI during a pedestrian accident, their brain cells will be temporarily impacted. Mild concussions are a common form of less-severe TBIs.

Serious traumatic brain injuries, on the other hand, can result in a variety of different types of damage. The victim could sustain torn tissues, bruising, bleeding, or another kind of serious physical damage to their brain or skull. TBIs of this caliber can result in long-term complications, and in extreme situations, can even result in death.

Neck or Spinal Cord Injuries

Spinal cord injuries can also result from pedestrian accidents. Similar to TBIs, spinal cord injuries also tend to result from sudden blows to the individual’s body. However, rather than the brain experiencing the brunt of the force, this damage is done to the spine.

The spine can either fracture or experience dislocated vertebrae. The spinal cord is the mechanism that transmits signals between our brains and the rest of our bodies. Whenever this transmission is interrupted, the individual often experiences serious consequences, such as paralysis.

Spinal cord injuries that occur higher up on the spine (closer to the brain) tend to be more severe than those that occur at a lower section. Typically, injuries to the uppermost section of the spinal cord can lead to permanent disability (often paralysis) or death.

Other Forms of Pedestrian Accident Injury

Aside from the injuries listed above, it’s also possible for those in pedestrian accidents to suffer:

  • Fractures or broken bones
  • Amputations
  • Soft tissue injuries
  • Injury to the extremities
  • Emotional or psychological trauma
  • Death

What Damages Can I Collect After a Pedestrian Accident in NC?

Keep in mind that due to North Carolina’s contributory negligence laws, pedestrians forfeit their ability to collect any damages if they are proven to have been at all responsible for the accident. This means that if the pedestrian was only one percent at fault, they will not be eligible to collect damages of any kind. These laws rarely work in the pedestrian’s favor.

If you succeed at proving that the driver breached their duty of care and that this led to the injuries you sustained, then you could receive a variety of potential damages. Personal injury damages in NC fall under two primary categories: economic and non-economic damages. If appropriate, it is possible for individuals to collect damages from both of these categories, depending upon the nature of their losses.

Economic Damages

As the name would imply, economic damages involve the material or financial losses that the individual suffers as a result of the accident. During a pedestrian accident claim, economic damages can come from several areas, including:

  • Medical bills (current and projected)
  • Medications, ongoing treatments or therapies, adaptive devices, or other medical care needs
  • Lost wages and/or lost earning capacity
  • Property damage
  • Funeral expenses (if a loved one was killed in the accident)

In court, it is often easier to prove economic damages than it is to prove non-economic damages. That is because these losses can typically be proven by presenting bills, medical records, and other forms of physical evidence.

Non-Economic Damages

Unlike economic damages, non-economic damages don’t have an objective price tag attached to them and this often makes them more difficult to determine.

Many kinds of non-economic damages during a pedestrian accident involve pain and suffering. The victim is compensated for the negative impact that the accident has had on their daily quality of life. This could include psychological distress or trauma, but it could also refer to the physical pain they’ve had to endure. It is even possible for victims to be compensated for the loss of consortium if this can be successfully demonstrated to the court.

If the driver was engaging in an especially egregious act of negligence, they may also owe the other party punitive damages. Rather than compensate the victim for their losses, punitive damages are intended to financially punish the driver for their actions.

If You Were Injured in a Crosswalk Accident, Contact Ayers, Whitlow & Dressler

One of the first steps you should take after falling victim to a pedestrian accident is to get in touch with an experienced personal injury attorney. The legal team at Ayers, Whitlow & Dressler have extensive experience handling pedestrian accident claims in North Carolina. We also have a strong track record of earning our clients the compensation they deserve.

We’ll perform a thorough investigation of the accident, including a visit to the scene. Then, we’ll collect all the necessary evidence to prove to the court that the opposite party was at fault for the crash. This way, you will be able to collect damages, despite contributory negligence laws.

To schedule a consultation with one of our Charlotte, NC pedestrian accident attorneys, simplyget in touch with us through our website. You can also take a look at ourclient reviews to see how we’ve aided our past clients. We utilize a contingent fee system, which means that we don’t collect any fees from our clients unless we’re able to earn them a settlement.


Meet Our Team

Get An Experienced Advocate On Your Side

Ayers, Whitlow & Dressler Law
fight for you today!