Charlotte Injury Lawyers Blog
Crosswalk Accidents: Who is at Fault?
Pedestrian accidents occur all too frequently. While you may feel you are safe while walking, you may still be injured by a vehicle. On average, at least 3,000 pedestrians a year are hurt in accidents with vehicles. Almost 200 people per year die as a result of injuries in pedestrian crashes. The faster a vehicle is traveling at the time of impact, the more serious the injuries may be. When a pedestrian accident happens, who is at fault?
How Serious Are Pedestrian Accidents?
Accidents between motorized vehicles and pedestrians can result in very severe injuries or, in some cases, fatalities. Injury severity generally varies based on several factors, including the vehicle’s speed at the time of the crash. Common injuries include traumatic brain injury, trauma, neck and back injuries, broken bones, internal injuries, bruises, and lacerations. Immediate medical care is often necessary for life-threatening injuries. Some injuries may require extensive treatment and recovery as well as rehabilitation time.
Negligence in Pedestrian Crashes
One of the first steps in resolving any type of vehicle accident is to determine the negligent party. There are four key elements to prove negligence. These include:
- Duty of care
- Breach of duty
- Causation
- Damages
To prove negligence, you must show that the person had a duty to act responsibly, and that they failed to do so. You must show that their negligence caused your injuries and that you sustained damages as a result of negligence. Damages may include such things as medical costs, lost wages, pain and suffering, and more.
What is the Pure Contributory Negligence Law?
North Carolina has a strict pure contributory negligence law. The law states that a person is only able to collect in an accident as long as they themselves were not negligent. If a person was even just one percent negligent, they are not able to receive damages in an accident. It is extremely important to ensure that the insurance company properly assesses and assigns the correct percentage of negligence to parties in an accident.
If a pedestrian was crossing the street in a crosswalk with the traffic light, they are likely not negligent. However, in some cases, a pedestrian could be considered partly negligent. For example, if a pedestrian was crossing the street in a poorly lit area and not in a crosswalk, it is possible that they may hold some responsibility for the accident.
Every Accident Is Unique
Every accident is different and has a unique set of circumstances. A knowledgeable personal injury attorney will review the details of your case and help you determine your available options. In some cases, you may need to file a lawsuit to seek compensation for your damages. You will want to speak with an attorney as soon as possible to ensure that the evidence in your case can be obtained and preserved. Your lawyer will help guide you through the process to seek the compensation you deserve.
If you or a loved one was hurt in a pedestrian accident, do not delay. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation to review the details of your accident and injuries.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury and boating accidents. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
https://www.law.cornell.edu/wex/negligence
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