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Collisions between pedestrians and drivers are sadly common and especially dangerous compared to other types of accidents. When pedestrians typically have no protection when they are hit by drivers, and even a low-speed impact could cause serious or fatal injuries. Even worse, many insurance companies may try to deny liability or even to shift blame for an accident.

Fortunately, injured people do not have to stand up for their best interests alone after an accident. A Cary pedestrian accident lawyer could help you fight for your legal rights after a crash. In the process, a focused personal injury attorney could help to gather evidence to support a legal claim and demand appropriate compensation for your losses.

What Could Lead to Driver Fault for a Pedestrian Crash?

Being involved in a pedestrian accident does not automatically mean that the driver is at fault, even when the pedestrian suffers extreme injuries. The legal cause of action known as negligence, which is applied in many pedestrian crash cases in Cary, states that harmed people may be able to receive compensation for their losses if they can prove the other party acted in a reckless or careless way.

In a car wreck with a pedestrian, reckless or negligent behavior may include speeding, failing to yield to someone walking in a crosswalk, driving while intoxicated, or texting while driving. In some cases, demonstrating this behavior may be simple. For instance, if the police cited the defendant driver for their behavior immediately prior to an accident, the court could assume the defendant was at fault for the accident through a legal concept known as negligence per se.

Without negligence per se, pedestrian accident cases may require an extensive investigation to determine fault. A Cary pedestrian crash lawyer could work on a plaintiff’s behalf to gather vital evidence that demonstrates the defendant’s negligence. They may revisit the scene of the accident to take pictures, answer questions posed by insurance companies, and speak with eyewitnesses or potential expert witnesses such as an accident reconstruction expert.

Potential Recoverable Damages

The core of a pedestrian accident claim is the physical harm related to the accident. While an injury does not need to be life-threatening, an injury must require a plaintiff to seek medical attention in order to be compensable. Common examples of compensable injuries in pedestrian collision cases include:

  • Deep cuts and scrapes
  • Road burns
  • Separated joints or broken bones
  • Neck or back sprains
  • Concussions

After treatment, a pedestrian accident attorney in Cary could help an injured party demand compensation for their associated medical costs through a legal claim. If a plaintiff is forced to take time from work, they could also argue for compensation to include lost wages or future losses related to a change in work capacity. In addition, a claim may demand payments for any non-economic losses, such as the mental anguish endured in the incident.

No matter how serious their damages, a plaintiff cannot recover payment if they wait too long to file a claim. North Carolina General Statutes §1-52 provides the statute of limitations for pedestrian injury cases. Under this law, a plaintiff in Cary has only three years from the date of the accident to enter a case in court.

Speak with a Cary Pedestrian Accident Attorney Today

The aftermath of a pedestrian accident may be a confusing and complicated time. While you are focused on making a recovery and setting your life back in order, your legal rights may be jeopardized by inaction. Successful claims against an allegedly careless driver require meeting a strict legal definition of negligence, gathering potentially time-sensitive evidence, and filing a claim for compensation in a timely manner.

A Cary pedestrian accident lawyer could explain the relevant law, help collect potential evidence of legal negligence, and work with you towards a favorable resolution. Call today to discuss your case and determine your next step.