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Pedestrian accidents typically occur in intersections or areas involving a lively population. In most cases, pedestrian accidents are usually caused by the negligence of a driver who was supposed to give the right of way to the victim. Those who suffer injury should feel entitled in taking legal action against the at-fault driver. However, victims should not take action before speaking with a knowledgeable attorney.

To file a claim for compensation following a pedestrian accident, be sure to schedule a consultation. A Rocky Mount pedestrian accident lawyer could review the circumstances of your accident and assist you in your pursuit of recovery.

Proving Negligence in a Pedestrian Accident Case

One of the leading causes of pedestrian accidents is negligence. Negligence is the legal doctrine that articulates the liability for who, what, where, when, why, and how after an accident happens. A Rocky Mount pedestrian accident lawyer would have to prove four of the following elements in order to hold a defendant liable:

  • Duty
  • Breach
  • Causation
  • Harm

Duty

The duty of care states that each person owes one another a duty to act as a reasonably prudent person under the given circumstances. For example, all drivers owe neighboring drivers and pedestrians a duty of care by operating their vehicle in a safe and careful manner. On the other hand, pedestrians owe a duty to travel the streets as a reasonably prudent pedestrian would travel.

Breach

Someone is in breach of their duty of care when they fail to act reasonably. If a driver carelessly and recklessly drove onto the sidewalk, causing injury to the plaintiff, they would be in breach. In the same way, a pedestrian would be in breach if they failed to adhere to the sidewalk signals.

Causation

The third element, causation, states that a defendant must have proximately and actually caused the plaintiff’s injuries. A defendant is a proximate cause when they are the legal cause, and their wrongful conduct was reasonably related to the plaintiff’s injuries.

Harm

Under the last element, harm, the plaintiff must have experienced actual loss or harm. This means that the plaintiff must have incurred economic and noneconomic damages that are compensable in court.

Legal Deadlines for Pedestrian Accidents in Rocky Mount

Plaintiffs are required to file their cause of action within the statute of limitations. The statute of limitations is a time limit or deadline placed on a lawsuit established by law.

North Carolina General Statutes §1-52 sets a three-year statute of limitations for personal injury lawsuits. Plaintiffs who fail to file within the deadline lose the right to sue. A pedestrian accident lawyer in Rocky Mount could help advise plaintiffs about their relevant deadlines.

Reach Out to a Rocky Mount Pedestrian Accident Attorney Today

For some, legal recovery might seem miles away. The substantive and procedural roadblocks that are placed between injured parties and their relief are not trivial.

A Rocky Mount pedestrian accident lawyer might be able to help. They could examine the facts of your case, help you overcome the roadblocks, and lead you toward the recovery you seek. Find out more about your potential case, call today.