Crossing the street can be dangerous, especially when a driver makes a turn without looking for pedestrians or ignores your right-of-way. If you were hit by a car while walking in Wilmington, North Carolina, you’re lucky to be alive. Pedestrians in an accident with a car often die as a result.
Recovering from your injuries after being hit by a car takes a lot of time, and you may need ongoing medical care for years. Your injuries may make it impossible for you to work. You shouldn’t have to take on the burden of your injuries yourself when you can hold the driver who injured you liable for what they did. A pedestrian accident lawyer in Wilmington, NC, can help you pursue compensation for your injuries. Ted A. Greve & Associates is a pedestrian accident law firm serving Wilmington, NC. We can help you prove the driver’s liability and obtain the compensation you need. If you’ve been hurt in a car accident in Wilmington, North Carolina, contact Ted A. Greve & Associates immediately.
Call us at (800) 693-7833 for a free case review with a Wilmington personal injury lawyer and learn about your legal options today.
Understanding Pedestrian Accidents in Wilmington, NC
According to WatchForMeNC, over 2200 pedestrians are killed or injured by motor vehicles in North Carolina every year. Car accidents are especially dangerous for pedestrians due to the difference in size and weight between a person and a car. In a collision between a pedestrian and a car traveling 40mph, the pedestrian has an 85% chance of being killed.
Common causes of car crashes with pedestrians include:
- Driver distraction
- Failure to yield the right of way
- Speeding
- Reckless driving
- Driving while impaired by drugs or alcohol
- Changing lanes suddenly
- Poor visibility
WatchForMeNC says that a driver should always yield the right of way to a pedestrian to prevent an accident, even when the pedestrian doesn’t legally have the right of way. However, North Carolina law gives pedestrians the right-of-way when:
- They are crossing an intersection with a green light or a walk signal
- They are crossing at a marked crosswalk at an intersection with no traffic signal
- They are crossing at an unmarked crosswalk at an intersection with no traffic signal
- They are crossing at a marked mid-block crosswalk
According to the North Carolina Department of Transportation, pedestrians also have the right-of-way when approaching any:
- Alley
- Private road
- Building entrance
- Driveway
Crashes between cars and pedestrians also happen due to jaywalking, pedestrians wearing dark clothes at night, and other pedestrian errors. To keep yourself safe, cross only at crosswalks and then only after checking traffic in both directions.
Immediate Steps to Take After a Pedestrian Accident
The steps you should take immediately after an accident with a car include:
- Ensuring your safety
- Seeking medical attention immediately
- Reporting the accident
- Gathering evidence
- Taking statements from witnesses
Ensuring Safety and Seeking Medical Attention
To ensure that you aren’t hit again by another car, you should move out of the road immediately unless your injury makes it impossible to move safely. Seek medical attention even if you think you are not badly hurt. Many injuries turn out to be worse than they initially seem.
Reporting the Accident to Authorities
Call 911 and tell the responding officer what happened. Your pedestrian accident lawyer
Can later request the police report for details of the accident.
Gathering Crucial Evidence and Witness Statements
Gather evidence by taking photographs or video of your injuries and the accident scene. Your lawyer will be able to review this evidence later when investigating your case. Take down the contact information of any eyewitnesses so your lawyer can collect witness statements supporting your claim.
Proving Liability in Pedestrian Accident Cases
To establish the driver’s liability in a pedestrian accident case, you must prove:
- The driver had a duty to act responsibly and obey traffic laws.
- The driver breached that duty and acted negligently. For instance, a driver who ignores a pedestrian’s right of way at a crosswalk is negligent.
- The driver’s negligence was the cause of your injuries.
- That you suffered damages as a result.
A skilled pedestrian accident attorney will have extensive experience proving that the driver is liable for your injuries and that the driver’s insurance company should compensate you.
Understanding Damages and Compensation Options
After a pedestrian accident in Wilmington, North Carolina, you can collect compensation for:
- Emergency room bills, medication costs, surgery, physical therapy, occupational therapy, nursing care, and other medical expenses.
- Lost wages if your injuries have prevented you from working, and any other lost income, including diminished lifetime earning capacity.
- Pain and suffering.
- Emotional and psychological distress.
You may also be able to collect punitive damages. These damages are not intended as compensation for you, but rather, they are meant to punish the driver for egregiously wrongful behavior. North Carolina law caps punitive damages at three times the value of compensatory damages or $250,000, whichever figure is greater. However, there is no cap on punitive damages if the driver was impaired by drugs or alcohol when the accident occurred.
The Importance of Hiring a Wilmington Pedestrian Accident Lawyer
Although you can file a personal injury case without the help of a lawyer, your chances of collecting a substantial settlement for your claim are much better with a lawyer’s help. A Wilmington pedestrian accident lawyer can do several things for you, including:
- Reviewing all the evidence to determine what happened in the accident
- Collecting statements from eyewitnesses
- Consulting with medical experts about your injuries
- Negotiating with the driver’s insurance company for a settlement
- Filing a lawsuit if necessary
- Arguing your case in court
Call Ted A. Greve & Associates Today
If you were hurt by a driver while crossing the street in Wilmington, North Carolina, you need the help of an experienced pedestrian accident attorney. Ted A. Greve & Associates represents injured people like you. Attorney Ted A. Greve is a chiropractic physician and a lawyer, giving him a unique insight into the recovery process and what you need to get back to where you were before the accident.
Don’t be afraid to stand up for yourself and hold the driver who hurt you accountable for their negligent actions. Contact Ted A. Greve & Associates today for a free consultation about your case.
