When a vehicle strikes a pedestrian, the resulting injuries can be catastrophic. Broken bones, soft tissue injuries, spinal cord injuries, and traumatic brain injuries are all common in these types of accidents. They can leave victims with extensive medical bills, lost wages, and other expenses, to say nothing of the personal toll that painful injuries can take.
If you were hit by a motor vehicle, contact Ted A. Greve & Associates for a free consultation with one of our pedestrian accident lawyers in Concord, NC. Our team has a track record of success in helping injured pedestrians seek the compensation they need and deserve from negligent drivers and their auto insurance companies.
Understanding Pedestrian Accidents in Concord, NC
There are a few common ways in which pedestrian accidents occur in Concord. Many accidents happen while pedestrians are crossing the road, often at a marked crosswalk. Accidents can also occur when a driver or passenger exits their vehicle parked on the side of the road. And in some cases, motorists leave the roadway and strike pedestrians on the sidewalk.
No matter which scenario describes your case, it’s essential to work with a skilled pedestrian accident lawyer who can gather the evidence necessary for holding the motorist liable. This could include evidence that they were driving while distracted, fatigued, or intoxicated, they failed to yield the right of way when you were crossing the street, or they were speeding or engaging in other reckless driving behaviors.
Immediate Steps to Take After a Pedestrian Accident
Taking the right steps immediately after a pedestrian accident can strengthen your case and increase the odds of recovering the compensation you need.
Prioritize Safety and Medical Attention
Your first step should always be to get to a safe location off to the side of the road and seek immediate medical attention for your injuries. Even if you initially feel fine, you may have underlying injuries that haven’t begun displaying symptoms yet, and your adrenaline may be masking the pain.
By seeking medical attention, not only can you prevent your injuries from worsening, but you can also demonstrate to the insurance company that you took your injuries seriously. If you don’t seek treatment, the insurance company may question the severity of your injuries.
Document the Scene and Gather Evidence
If you can, it’s a good idea to document the scene and gather evidence directly after the accident. If your injuries prevent you from doing so, you can have someone else document the scene. Some of the evidence you’ll want to gather at this point includes:
- Photographs and videos of the accident scene, including the vehicle that struck you, your visible injuries, and any skid marks or relevant traffic signs or signals
- The names and contact information of eyewitnesses whom your lawyer can follow up with to collect statements from
- The name, contact, and auto insurance information of the driver who struck you
Reporting the Accident to Authorities
In North Carolina, all drivers involved in accidents that result in injury must report the accident to the police. However, you shouldn’t trust that the driver who struck you will make this report. It’s always a good idea to report the accident yourself and request a copy of the incident report that the police filed. This incident report will include various details about the accident that your lawyer can use to build your case.
Legal Considerations in Pedestrian Accidents
North Carolina’s contributory negligence rule can significantly impact your pedestrian accident case. Under contributory negligence, a plaintiff cannot recover damages for injuries they contributed to in any way. Because of this rule, insurance companies often try to get plaintiffs to admit partial fault for the accidents that harmed them. If an insurance adjuster contacts you, direct them to your lawyer rather than speaking to them yourself.
An example of how an insurance company may use contributory negligence is by asserting that you are partially to blame since you were looking at your phone while crossing the road. However, an experienced attorney can push back against this claim by pointing out that the driver who ran the red light and struck you is entirely to blame.
How a Pedestrian Accident Lawyer Can Help
A pedestrian accident lawyer can help with your case by identifying the liable party or parties, collecting evidence to prove fault, calculating damages, filing insurance claims or injury lawsuits, negotiating with insurance companies, and representing you at trial.
Thanks to their legal knowledge and experience in dealing with insurance company tactics, your lawyer can help you seek higher compensation than you could obtain on your own. And while they’re handling your case, you can focus on recovering from your injuries.
Filing a Claim and Potential Compensation
In North Carolina, all motorists must have the following minimum amounts of liability insurance:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 per accident for property damage
When a driver strikes you, your first option for recovering compensation for your injuries is to file a claim against their insurance policy. If the driver doesn’t have insurance or if they flee the scene after the accident, you can file a claim with your uninsured motorist policy.
If you need additional compensation beyond the at-fault driver’s insurance policy limits, you may also be able to file an underinsured motorist claim with your policy or a personal injury lawsuit against the driver. This may be necessary if there are multiple victims splitting the insurance payout.
The compensation you can seek through an auto insurance claim or personal injury lawsuit covers:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Physical pain and emotional suffering
- Emotional distress, such as anxiety and post-traumatic stress disorder (PTSD)
- Property damage
Contact Ted A Greve & Associates Today
If you were struck by a vehicle as a pedestrian in Concord, NC, contact Ted A. Greve & Associates for a free consultation with an experienced pedestrian accident attorney. Our lawyers can help you seek the compensation you deserve through an auto insurance claim or personal injury lawsuit.
