Sharing our roads with pedestrians is not new; more and more people are choosing walking and other modes of transportation over the cost and environmental impact of driving. In large urban areas, pedestrians are a mainstay. Unfortunately, pedestrian accident numbers continue to climb.
According to statistics from the National Center for Health Statistics (NCHS), more than 9,000 pedestrians are killed each year. About 85 percent of these deaths occur in urban settings. Approximately 25 percent happen at intersections, and 75 percent occur at night.
Our Outer Banks personal injury lawyers know that in today’s current climate, cell phones, infotainment systems, and other personal electronic devices are well-documented as one of the most common – and dangerous – forms of distracted driving. These devices, as well as driving, impairment due to alcohol or drugs, inattention, and inexperience behind the wheel, are all contributing factors to the increase in the number of personal injuries and deaths in pedestrian accidents.
Negligence: Care, Cause, and Loss
In many crashes, it is the driver’s negligence that contributes to injury or death of a pedestrian. Negligence means that the driver should have exercised reasonable care behind the wheel. If the driver is found liable for the accident, North Carolina law says they can be required to compensate the victim for medical costs, loss of income, pain and suffering, and other losses.
An accident victim must be able to prove a causal connection between the driver’s actions and their injuries and the losses the injuries have caused them. Our attorneys will evaluate your case and guide you through what types of documentation and evidence are required to boost the merits of your case.
Some of the most common scenarios in which pedestrians are injured or killed in pedestrian accidents occur include:
- The driver failed to ‘yield’ or commit some other sign/signal violation.
- The driver was intoxicated, impaired, or distracted.
- The driver was operating at an excessive speed.
- The driver operated their vehicles recklessly.
- The driver had reduced visibility during nighttime hours.
The most frequent injuries to pedestrians include lacerations, broken limbs, skull, chest, and abdominal injuries, but brain, spinal injury, and limb loss are also prevalent. These are serious injuries, and the medical costs associated with treating them are extremely high. Filing a timely claim and having an experienced attorney on your side can help make your recovery more manageable.
To prove your pedestrian accident case, your Outer Banks lawyer will need to show that:
- A duty of care existed between the driver and the pedestrian.
- That duty was breached.
- The pedestrian suffered tangible damages.
- Those damages were incurred solely due to the driver’s conduct.
Call Our Personal Injury Attorney for Legal Assistance
A dedicated personal injury law firm understands that resuming their normal lifestyle and undertaking their everyday duties is paramount for victims. When the victim of the accident has died, their loved ones are left searching for answers and legal remedies.
The attorneys at Shapiro, Washburn & Sharp have successfully litigated numerous cases and recovered settlements for victims and their families over the past 30+ years, like the $545,000 settlement we negotiated for two clients who both suffered leg fractures when they were struck by a car while using a crosswalk. However, we will not hesitate to pursue litigation if the insurance company fails to negotiate in good faith.
Contact our office today to schedule a free case evaluation with one of our dedicated Outer Banks personal injury lawyers.