North Carolina roadways can be dangerous places, not just for motorists but for pedestrians. Statistics show that nearly 270 pedestrians lost their lives on North Carolina roads in 2022, an increase of nearly 20 percent relative to 2018. Pedestrians who survive a serious accident can face devastating physical injuries and mountains of medical expenses.
At Ted A. Greve & Associates, our Gastonia pedestrian accident lawyers know how the complexities of a severe accident can impact compensation for pedestrian accident victims. We use our extensive legal experience to advocate for pedestrian accident victims and pursue maximum compensation for their physical and mental injuries.
Contact our Gastonia office today for a free case review. Let us explain your legal rights and options for pursuing compensation.
Understanding Pedestrian Accidents in Gastonia, NC
North Carolina pedestrian accident victims have the right to pursue fair compensation for their injuries following an accident caused by a careless motorist. Most victims start by filing an accident claim with the at-fault driver’s insurance company. Being an at-fault state, accident victims file a claim with the driver’s insurance company responsible for causing the crash.
In some cases, pedestrian accident victims find that an insurance claim does not offer them the compensation or resolution to the situation they deserve. Individuals also have the right to pursue a personal injury lawsuit to recover money for their injuries and losses. However, North Carolina law limits the time pedestrian accident victims have to file their case to three years from the date of the incident.
The Role of a Pedestrian Accident Lawyer
The role of a Gastonia pedestrian accident lawyer is to advocate for victims injured by careless motorists’ actions. Pedestrian accidents can lead to catastrophic injuries, emotional distress, and financial uncertainty. An insurance company cares about moving through its claims quickly and efficiently and settling for as little money as possible. They are not looking out for your best interests and don’t care if the settlement they offer completely covers your injuries. A compassionate pedestrian accident lawyer does.
The personal injury lawyers at Ted A. Greve & Associates care about you as a person. We prioritize your needs and build a case, backed by evidence, that stands the best chance of helping you get maximum compensation for your injuries. From the initial investigation into the cause of the accident to sitting at the negotiation table, we manage every aspect of your case so you don’t have to.
Our focus on personal injury law means we have the experience, knowledge, and resources to help you through this difficult time.
Steps to Take After a Pedestrian Accident
Being hit by a careless motorist can be an excruciating and overwhelming experience. While it can be challenging to think clearly in the aftermath of an accident, your immediate actions can affect your compensation claim later.
Immediate Actions: Ensuring Safety and Gathering Information
Here’s what you can do in the immediate aftermath of an accident to protect your rights and well-being:
- Contact local authorities.
- Seek immediate medical attention for your injuries.
- Exchange information with all parties involved, if possible.
- Document the scene with photographs and videos.
- Ask witnesses for their contact information.
- Contact a Gastonia pedestrian accident attorney as soon as possible.
Documenting Your Accident: Evidence Collection Tips
Documenting the accident scene sounds simple, but the quality of the evidence you gather at the scene can also impact your accident claim. Follow these tips for collecting and preserving as much evidence as possible:
- Take photographs and videos from multiple angles, and remember to include pictures of the car damage, your injuries, debris, skid marks, and potentially relevant traffic signs or signals.
- Make notes about the incident, including the time, location, weather conditions, and anything else you may have noticed immediately before the collision.
- Make notes about comments made by the driver of the vehicle.
- Request the police report on the incident.
- Ask witnesses for a brief statement about what they saw and collect their contact information.
Reporting the Accident: Legal Obligations in NC
North Carolina law mandates that drivers involved in accidents must immediately report the incident to law enforcement when:
- There is death or injury to any person
- The total property damage amounts to $1,000 or more
- There is property damage of any amount to a motor vehicle whose driver is charged with an impaired driving offense
The best way to protect yourself as a pedestrian involved in a motor vehicle accident is to contact law enforcement, no matter what.
Navigating Legal Challenges in Pedestrian Accident Claims
North Carolina law can present some legal challenges in pedestrian accident cases, particularly in regards to the contributory negligence rule. Contributory negligence bars courts from awarding damages to an accident victim who is in any way to blame for their injuries, even in cases where the other side is primarily at fault.
This strict doctrine binds court verdicts, not insurance settlements. However, insurance adjusters may use the rule to their advantage when estimating the value of a compensation claim. A skilled pedestrian accident attorney understands how to build a solid claim, establish liability, show the driver is to blame, and put you in the best position to recover the compensation you need.
Compensation and Recovery for Pedestrian Accident Victims
While the value of each pedestrian claim is different, generally, accident victims can pursue money for:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Loss of consortium
- Pain and suffering
In extreme cases, an accident victim may receive a financial penalty called punitive damages. This penalty helps prevent the driver or other individuals from engaging in similar egregious or malicious behavior.
Call Ted A Greve & Associates Today
A pedestrian accident lawyer in Gastonia, NC, can help you pursue the money you deserve for injuries that weren’t your fault. Let the team at Ted A. Greve & Associates provide the experienced legal guidance you need during this challenging time. Contact us today for a free consultation about your case, and let’s pursue justice and accountability together.
