Common Causes of Raleigh Pedestrian Accidents
There are several common causes of Raleigh pedestrian accidents that can lead to serious or even deadly injury. If a pedestrian is crossing the road at a crosswalk and they have the right of way or if there is a symbol signifying that they can cross, then there is a presumption that they are lawfully in the crosswalk. If a vehicle turns and hits the person, then there is a presumption that the pedestrian was where they were supposed to be and they were not at fault.
Because pedestrian accidents typically involve a vehicle, insurance companies will often try to do away with claims as soon as possible and pay out as little as they can to the injured pedestrian. If you or someone you care about was injured in a pedestrian accident, it is imperative that you contact a qualified and experienced lawyer in order to discuss your legal rights.
Pedestrian Accidents on Streets Without Sidewalks
Accidents on streets with no sidewalks can be pretty common. If a pedestrian has to traverse a road with no sidewalk, then they have to be as reasonable as they can, which would mean walking on the shoulder of the road, facing traffic, and wearing reflective or light-colored clothing. The driver, however, could still say that they did not see the pedestrian and then that could create a contributory negligence argument that would bar the plaintiff or pedestrian from recovering anything.
Pedestrian Accidents on Private Property
Common causes of Raleigh pedestrian accidents can occur on private property. If an accident happens on private property, there is a chance that the injured party may have a claim against whoever owns the property. If a person is in a mall parking lot and the accident occurs in such a way that the schematic of the parking lot contributed to the driver not seeing the pedestrian, then they may have a claim against whoever owns the property on which the pedestrian was hit.
Pedestrian accidents involving cars exiting parking lots onto the street can also impact a case. If a person is leaving a parking lot and they want to beat a car that is coming. Sometimes, the driver may be more concerned about oncoming traffic than with pedestrians who are on either side of the vehicle. If they then make a quick move to pull out of the parking lot, they may not be quite as aware of a pedestrian who could dart right in front of them.
Pedestrian Accidents and Cars Turning Improperly
For vehicles turning right at intersections, if they have the red light, that means the pedestrian has the right of way to cross the intersection. So, if the driver is solely paying attention to is turning right on red and does not see the pedestrian with the right of way, can cause an accident to happen. This also falls under the common causes of Raleigh pedestrian accidents.
If a driver is turning left across an intersection and does not have a green turn arrow, the pedestrian crossing the road may have the right of way and are lawfully in the intersection. If the driver is not paying close attention, they may hit the pedestrian if they attempt to beat a car that is coming towards them on the road because they have to yield to oncoming traffic.
Pedestrian Accidents and Bus Stops
Accidents involving buses can also fall under the scope of common causes of Raleigh pedestrian accidents. Buses have a more difficult time seeing pedestrians. Bus drivers are sitting up higher, so they typically are not able to see pedestrians as well. They are also larger vehicles.
There are differences between public transportation and school buses. For a school bus, there may be a layer of governmental immunity. Sometimes, school buses are considered activity buses and they are not exempt to the same degree as other public officials. But there can be a doctrine of governmental immunity that immunizes government actors from civil lawsuits in a lot of circumstances. There is a way to overcome that. A person would be filing their case in front of the industrial commission and then the State of North Carolina would defend it. A private charter bus, however, would have the owner contacting the insurance company.
If a pedestrian is getting on and off of a bus at a bus stop, there is a schedule that the bus needs to keep. A person needs to be aware that they could fall off of or be injured trying to get onto or leaving a bus as a pedestrian.