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It is a frightening experience to be walking or jogging outside and to suddenly be involved in a motor vehicle crash. The force of a car, truck, SUV, or motorcycle, even at low speeds, can cause major damage to a pedestrian in an accident, and the injuries sustained could easily lead to a long, painful recovery. If the driver is at fault—especially if the driver was breaking a traffic law or violating the pedestrian’s right of way—the victim may file a lawsuit for damages to compensate for medical costs, possible wage loss, and emotional suffering from the pain and trauma.

If you have been the victim of a pedestrian accident, you will want to have a Kinston pedestrian accident lawyer on your side to defend your rights to compensation and to hold the driver accountable for damages. An experienced Kinston personal injury attorney can investigate your accident and build a case for you.

Laws Protecting Pedestrians

While North Carolina traffic laws specify a driver’s duty to safety on the roads, there are also laws in place to promote pedestrian safety. Vehicles must yield right-of-way to pedestrians in areas without traffic signals or crosswalks, for example, when pulling out of a driveway, alleyway, private exit, or parking garage.

On highways with no sidewalks or crosswalks, pedestrians must yield right-of-way to vehicles but drivers also have a duty to avoid colliding with pedestrians, especially the most vulnerable, such as children and people with disabilities. There are safety precautions pedestrians can take, such as staying alert when out walking or jogging, using crosswalks and pedestrian crossing signals, wearing reflective gear when out in the evening, and avoiding busy roadways with no pedestrian walkways.

However, if a driver has violated these laws or has violated a traffic law, which has led to the collision, the pedestrian who has been injured may be able to file a lawsuit for the damages suffered as a result of the accident.

Pedestrian Accidents Injuries

Even at a low speed, the size and force of a moving vehicle can cause major damage to a pedestrian who has little protection against the blow. With a pedestrian crash, there is a high risk of serious and debilitating injuries like fractured bones, lacerations, head trauma, back and neck trauma, organ damage, or spinal cord injury. In addition to the physical damage, there is an emotional toll that a traumatic event can have on a person hit by a vehicle, leaving psychological issues that may outlast the injury itself. It is difficult to put a price on the costs of pain and suffering, and insurance may only pay for medical costs and wage loss directly related to the incident.

If a person has been involved in an accident and feels that the compensation being offered is not adequate for the damages suffered, it is time to consult a pedestrian accident attorney in Kinston who can analyze the case to determine if a better settlement could be reached with a lawsuit.

Liability

Pedestrians have a duty to protect themselves when out walking, jogging, or crossing roads with a lot of vehicular traffic, but drivers also have a duty to take the necessary precautions to avoid a collision. If a driver does not yield right-of-way, is engaging in reckless or aggressive driving like speeding or running a traffic light, they are putting pedestrians using the roads at risk.

With some accidents, it may be obvious that the driver was at fault, but there are instances when it is not as clear who had the right-of-way, or the driver and the pedestrian may have differing versions of the collision. When this is the case, having a Kinston pedestrian accident attorney is crucial to ensure the party at fault is held accountable and the victim receives the reparations due for damages.

Working with an Injury Attorney

Pedestrians who are hit by vehicles in Kinston can suffer serious injuries that cause lasting problems. After the traumatic experience of an accident, recovery begins, and medical bills, time out of work, and the physical and emotional pain can be hard on the victim and their family.

Insurance may be able to cover some costs, but if you sustained a severe injury in an accident, you may be eligible for more compensation. Contact a Kinston pedestrian accident lawyer who can advocate on your behalf to help you reach a legal settlement that is beneficial to you as soon as possible.