There are very few accidents which cause more serious injuries than when a vehicle hits a pedestrian. These cases can be very difficult because of the circumstances surrounding the collision. Often they occur at night, when there are no witnesses. Even if they occur during the day, there can be significant disputes regarding whether the driver of the vehicle was negligent, and also, whether the pedestrian was negligent. North Carolina has laws that pertain to the rights of pedestrians as they are walking on or beside any public highway. North Carolina also has laws that pertain to the duties of drivers as it relates to pedestrians. Generally speaking, both driver and pedestrian must exercise reasonable care under the circumstances. Failure to exercise reasonable care under the circumstances is called negligence. One law that many people may be unaware of is the correct side of the road to walk on. In North Carolina, pedestrians are required to walk in a direction which faces traffic, unless that cannot be done safely, based upon the side of the road they are on. Additionally, when crossing a street, pedestrians should use a crosswalk whenever possible, and stay within the lines of the crosswalk the entire time. Jaywalking would be considered negligence in North Carolina, and could bar any claims for injuries by an injured pedestrian. Under any circumstances, the driver of a car has a responsibility to avoid hitting a pedestrian, even when the pedestrian is not exercising reasonable care under the circumstances. In North Carolina, if the injured pedestrian can prove that the driver of the vehicle had the “last clear chance” to avoid the collision, the injured pedestrian can recover, despite being negligent. The attorneys at Hyland & Padilla, PLLC have handled pedestrian accidents and reached successful results for our clients.
There may be other rights available to you. Please contact us or call (919) 419-9933 for a free consultation.
Pedestrian Accidents
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
