Raleigh Pedestrian Accident Attorney
Our Raleigh pedestrian accident lawyers can help if you or a family member was struck by a vehicle while on foot. Sadly, pedestrian accidents tend to cause serious and fatal injuries. As such, you may face significant costs due to the accident, as well as emotional trauma and permanent changes to how you live your life.
Our attorneys are here to listen to what happened and support your recovery in any way that we can. We care about what you are going through and how the accident has impacted your life, well-being, family, finances, and future. So, we provide wholehearted care and compassion as we fight for your financial recovery and peace of mind. We call our unique approach the Whitley Advantage because our close-knit family atmosphere is a huge advantage to your physical and financial recovery.
Serving clients throughout Wake County and all of North Carolina, we charge you nothing to see how we can help you. You don’t pay unless we recover compensation on your behalf. Call us at (919) 785-5000 to learn how we can help today.
We Support Injured Pedestrians After Serious Accidents
Pedestrian accidents may involve a number of different scenarios. From the moment you hire us, our North Carolina accident attorneys will support you with genuine care, managing every aspect of your case. We can help with any of the following:
- Pedestrian accidents at intersections and crosswalks
- Car vs. pedestrian accidents in parking lots
- Pedestrian accidents on roads with no sidewalk or shoulder
- Left- or right-turn accidents
- Distracted driving accidents
- Truck accidents involving pedestrians
- Hit-and-run accidents
Each of these accidents involves unique legal challenges. Our pedestrian accident lawyers have the local and state-level knowledge and experience you need to bring a successful case against the careless driver.
We Will Help You to Assess the Physical and Emotional Impact of Your Injuries
Without the help of a lawyer, it isn’t easy to know how much your case is actually worth. It is essential to account for all of the damages you have sustained as well as expenses and other losses you are likely to incur in the future. Those who file on their own are often pitted against corporate legal teams and manipulation tactics from insurers meant to devalue their losses.
Consequently, speaking to a lawyer with experience in cases like yours is one of the most important steps to take after a pedestrian accident. Our attorneys will collect the evidence needed to establish fault for the accident and accurately calculate the current and anticipated damages you may be entitled to, including:
- Medical expenses, such as the cost of hospital and emergency room care, surgery, rehabilitation, etc.
- Lost income
- The cost of travel for medical care and therapy
- Household expenses (e.g., hiring professional services, modifications to your home, and home-based care)
- Vehicle modification expenses
- Loss of earning capacity, if you are no longer able to work after the pedestrian accident
- Pain and suffering
- Scarring and disfigurement
- Loss of the enjoyment of life
We treat our clients as we would our own family. We carefully review the facts of your case and ensure that all of your losses are fully documented. We don’t want you to suffer undue harm from an insufficient settlement or court award. Our team also works with a network of medical and professional experts who can provide strong testimony for the damages we seek on your behalf.
We Will Help You to Determine Liability in Your Pedestrian Accident Case
Determining liability is essential for the success of your pedestrian accident claim. As daunting as this sounds, you are not alone with the Whitley Law Firm at your side. We will gather:
- Photos of the accident scene
- Witness testimony
- Expert testimony
- The police report
- Your medical records
There are several critical issues our team will consider when it comes to pedestrian accident liability:
Is the Driver Liable for Negligence If the Pedestrian Sues?
Negligence is the failure to exercise reasonable care toward another. For example, drivers have a duty to be aware of pedestrians and use caution in areas where they may be crossing the road.
Pedestrian accidents may be caused by various factors related to negligent driving. Unfortunately, in many cases, motorists cause serious injuries to people on foot as a result of errors such as:
- Excessive speed. Speeding reduces drivers’ time to spot pedestrians and stop in time to avoid a collision.
- Distracted driving. Cell phone usage and other distractions are common causes of pedestrian accidents. When distracted drivers do not pay attention to the roadway (including crosswalks), it is more likely that the driver will strike a pedestrian.
- Failure to yield. Pedestrians have the right-of-way at crosswalks (see North Carolina General Statutes § 20-173). Unfortunately, it is not uncommon for motorists to fail to yield, causing pedestrians serious injury.
- Improper turning. Turning vehicles pose a particular danger to pedestrians. Drivers turning right or left may fail to look at the crosswalk before them and/or at the adjoining road before they turn, putting pedestrians in harm’s way.
- Aggressive driving. Impatience or anger on the part of a motorist increases the risk of an accident. In addition, speeding, ignoring stop signs and traffic lights, and other harmful behaviors behind the wheel can result in an accident with another vehicle or a pedestrian.
- Back-up accidents. From backing out of a driveway to leaving a parking space, there is no shortage of scenarios where an inattentive motorist can hit a pedestrian while driving in reverse.
- Driving under the influence. Alcohol and drugs adversely affect driving ability. Despite the wealth of information on the subject, people still make the irresponsible decision to get behind the wheel drunk or under the influence of drugs. The victims of impaired driving accidents usually pay the highest price.
- Visibility issues. Driving at night, in bad weather, or with sun glare can reduce a driver’s visibility. When these issues occur, it is the driver’s responsibility to exercise additional caution. Failure to do so puts pedestrians and others at risk.
- Lack of sidewalks. This is especially common in rural areas with few or no sidewalks. Both pedestrians and motorists have legal duties when no sidewalk or crosswalk is present (see NC G.S. § 20-174). If the pedestrian follows the rules but still gets struck by a vehicle, the driver can be held liable.
Although drivers are typically held responsible for pedestrian accidents, the pedestrian’s right to sue is not absolute. As such, it is also important to consider a pedestrian’s potential negligence in determining whether an accident claim is viable.
Traffic Laws Also Apply To Pedestrians
Anyone sharing the roads, including pedestrians, must obey traffic laws and avoid violations. Otherwise, they may be unable to seek compensation and could even be held liable for causing an accident. Common examples of pedestrian traffic violations include:
- Walking with (rather than against) the traffic flow on a freeway
- Failure to yield to traffic with the right of way
- Ignoring traffic signals
- Failing to adhere to North Carolina’s crosswalk rules
What If Multiple Vehicles Are Involved in a Pedestrian Accident?
Most pedestrian accidents involve a single vehicle striking someone on foot. However, it is not unheard of for multiple vehicles to be involved in a crash where a pedestrian is seriously injured or killed (particularly at intersections).
Our attorneys carefully investigate the accident, considering the positioning of the vehicles and their combined weight to determine how the accident occurred and who is responsible.
A Pedestrian Accident Can Be More Complex than Other Types of Accidents
Pedestrian accidents are often more complicated than a standard vehicle accident or even a bicycle accident. For example, disputes between the motorist and the pedestrian may arise concerning whether the pedestrian waited for the crossing signal, whether the pedestrian was actually in the crosswalk, and more.
North Carolina’s contributory negligence standard allows zero margins for error when it comes to fault in an accident. So, regardless of how your accident happened, you want a knowledgeable North Carolina lawyer to protect your right to compensation. Even if you think you may be partially at fault, it won’t hurt to utilize our free legal advice. We can assess your options based on your circumstances.
We Will Ensure Insurance Companies Treat You Fairly
Unfortunately, per North Carolina’s contributory negligence rule, if you share any fault for the accident, you will be unable to seek compensation. Therefore, it is a common tactic for insurance companies to take advantage of this rule and attempt to blame you for contributing to the accident. This way, they’d avoid having to pay financial damages for your injuries.
Our team understands the insurance company’s strategies to defend itself and other legal challenges that may arise in your case. We treat our clients like family, so we fight for you as we would for our own. Struggling with uncooperative insurance companies is a burden we can remove from you. This allows you to focus on your recovery with the peace of mind that your case is in caring hands.
Stay safe and protect your legal rights. Be aware of the risk factors for pedestrian accidents and take steps to minimize these risks accordingly. For example, obey the rules of the road, avoid distractions such as texting while walking near traffic, and wear bright-colored clothing when walking at night.
You Can Afford Our Legal Help
People often fail to get legal help because they think they cannot afford a lawyer. This is not the case with our firm. We work on a contingency-fee basis, which means you pay us nothing upfront. We can advance all the costs of your case and you only pay us when you recover compensation for your accident-related losses.
We also offer free consultations where we discuss your case and how we can help you.
Common Injuries and Risk Factors in Raleigh Pedestrian Accidents
Unfortunately, pedestrian accidents can cause serious or catastrophic injury. Some of the most common types we encounter when helping our clients with their claims include:
- Traumatic brain injuries
- Injury to the neck and back (including the spinal cord)
- Chest injuries
- Broken bones
- Internal bleeding
- Damage to internal organs
- Road rash
- Amputation and loss of limbs
Sadly, just over 12% of pedestrians in motor vehicle accidents do not survive injuries. According to the “2021 Crash Facts” report by the North Carolina Department of Transportation, 262 pedestrians were killed in accidents in 2021. This represents an increase of 5.2% from the previous year.
We Can Support Surviving Family Members After a Fatal Accident
If you suffered the loss of a loved one due to the wrongdoing of a motorist, we extend our heartfelt condolences and want you to know you are not alone at this difficult time. Our wrongful death lawyers want to help your family adjust to the changes your family will face in the absence of your loved one. Part of our responsibility in this role would be fighting for the compensation that you deserve.
Risk Factors for Pedestrian Accidents
Some people are at a higher risk of severe injury and death in pedestrian accidents. This includes children, older people, and people walking on roads without sidewalks and crosswalks. In addition, despite the 100+ miles of trails in Raleigh’s greenway system, runners and joggers are also vulnerable to pedestrian accidents.
We Will Not Stop Until We Recover the Compensation You Deserve
Once the at-fault motorist has been identified, our lawyers will submit a compensation demand to the driver’s insurance company. This typically initiates a series of settlement negotiations with the at-fault party’s insurance company.
The damages in your claim will likely be more significant than what the insurance company is willing to pay. Although we typically aim to settle out of court, we always prepare our cases for litigation ahead of time, so we can take your case to trial when it is the right thing to do. At Whitley Law Firm, your needs are always our highest priority, so we do whatever it takes to serve your best interests at all times.
We Will Manage Your Case at Trial
Before going to trial, your case will go to mediation. Mediation aims to resolve disputes so the matter doesn’t have to be tried in court. It may be possible to agree on issues such as fault, liability, and damages during mediation.
However, if key issues are still disputed, or the other side will not agree to compensate you fairly, it may be necessary to proceed to trial.
While many of our personal injury cases are settled outside of a trial, our five decades of legal practice have provided plenty of courtroom experience to draw from. No matter the size of the defending legal counsel, we have what it takes to stand against them.
Contact Our Raleigh Pedestrian Accident Lawyers for A Free Consultation
At the Whitley Law Firm, we are committed to helping our clients heal and recover after a pedestrian accident. To heal, it is vital that you are fairly compensated for your financial damages. These can include medical bills, lost earnings from work, as well as the physical, mental, and emotional effects on your life.
We help our clients do just that and more. The Whitley Advantage isn’t just one thing, service, or benefit—it’s everything. It is a dedication to justice and wholehearted care when you need it most. Finally, we have a wealth of results illustrating our commitment to going the extra mile.
Please call the Whitley Law Firm at (919) 785-5000 today for a free consultation. Our pedestrian accident lawyers serve clients in Raleigh and throughout North Carolina.