Raleigh Pedestrian and Crosswalk Accident Lawyers

If you were injured while crossing or walking along a roadway, you have the right to receive compensation under North Carolina for your injuries from the negligent driver. Our experienced Raleigh pedestrian accident lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Pedestrian Accident Settlements and Verdicts:

Common Injuries Caused By Pedestrian and Crosswalk Injury Claims in Raleigh, NC

Pedestrian accidents can have serious consequences for those involved. In addition to physical injuries, pedestrian accidents can also result in significant financial costs for victims and their families. These costs can include medical bills, lost wages, and other expenses related to the accident. Some of the most common types of injuries our pedestrian accident attorneys in Raleigh, NC see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries (concussions and traumatic brain injuries or TBI)

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Burns

• Eye injuries

• Hearing loss

• Amputations

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Pedestrian Injury Attorneys Could Help You Recover

The personal injuries you suffered in your pedestrian accident may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh pedestrian accident attorneys are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Pedestrian Accident Claims

Most personal injury victims have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of tragedy rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about personal injury cases that is available to the public, which causes confusion about the personal injury process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh injury lawyers believe you should know:

1. What Should I Do After I’m Injured By a Car in Raleigh, NC?

The initial moments and days after your pedestrian accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your accident:

• Take photos of your injuries

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

2. How Do I File a Pedestrian Injury Claim in Raleigh, NC?

A pedestrian accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

3.  Will My Pedestrian Injury Claim Go to Trial in Raleigh, NC?

95% of pedestrian injury cases, according to government statistics, settle before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of personal injury lawsuit.

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh pedestrian injury attorney can help prepare you for what to expect.

4. How Much Will My Pedestrian Injury Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced pedestrian accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like pedestrian accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

5.  What If I’m Partially At-Fault for Causing My Pedestrian Accident in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh pedestrian injury lawyer understands that defense and how to work around it.

6. How Long Does a Pedestrian Injury Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of pedestrian injury cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance).

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

7. How Long Do I Have to File a Pedestrian Injury Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most pedestrian accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a pedestrian accident claim, so it is in your best interest to get a Raleigh pedestrian accident attorney involved as early as possible after your accident.

8. What Is the Process for a North Carolina Pedestrian Accident Claim?

Pedestrian accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a pedestrian accident.

According to North Carolina's laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the pedestrian accident.

THE GENERAL Pedestrian ACCIDENT CLAIM PROCESS

1. Notify insurance carriers

2. Insurance adjuster inspects vehicles and estimates damages

3. If there are injuries, the pedestrian receives medical treatment

4. Once the medical treatment is concluded or the pedestrian reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled

5. If the bodily injury claim is not settled, then a lawsuit is filed

9. How Much Does a Pedestrian Accident Lawyer in Raleigh, NC Charge?

Many Raleigh pedestrian accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

10. What Does a Raleigh Pedestrian Injury Lawyer Do to Help?

Hiring an experienced Raleigh pedestrian accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina pedestrian accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

11. What Happens After I File a Pedestrian Accident Claim in Raleigh, NC?

In a North Carolina pedestrian accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina pedestrian accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

12. What Is the Statute of Limitations in North Carolina for Pedestrian Injury Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most pedestrian accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.

13. What is the Average Settlement for a Pedestrian Injury Claim in Raleigh, NC?

Determining the average settlement for a North Carolina pedestrian accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, pedestrian accident cases settle for an average of $58,200, but a number of facts go into the value of a case. Those include:

• The amount of auto coverage the defendant has

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

However, cases may settle for more than the average when a good North Carolina pedestrian accident injury lawyer is on your side.

14. How Do I Maximize My Pedestrian Accident Settlement in Raleigh, NC?

The first step to maximizing your pedestrian accident settlement is hiring a pedestrian injury lawyer. On average, cases where the victim is represented by an injury lawyer settle for larger amounts than when victims are unrepresented and try to handle their claims by themselves. It isn’t fair, but insurance carriers simply don’t take pedestrian accident claims seriously if the injured person isn’t represented by a lawyer.

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. How Do You Calculate Pain and Suffering for a Pedestrian Accident Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh pedestriaaccident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. How Long are Pedestrian Injury Judgments Valid in North Carolina?

A an pedestrian injury judgment in North Carolina is valid for 10 years from the date it was awarded by the Court, but it can be renewed once for another 10 years. The specific statutes surrounding judgments can be found here. The laws surrounding recovering or enforcing a judgment in North Carolina can be tricky, and we recommend speaking with an experienced pedestrian accident lawyer to make sure you take advantage of all of the mechanisms available to recover from the at-fault party.

18. Do Pedestrians Still Have a Case If They Were Jaywalking or Not in a Crosswalk?

YES! But it might not be easy, which is why you need an experienced Raleigh pedestrian accident lawyer involved who can help. If you have been involved in an accident as a pedestrian in North Carolina, you are likely to be told by an insurer that your claim is barred by your contributory negligence. That isn’t true in every case.

Contributory Negligence for Pedestrians

This is a harsh rule that can be used to bar an injured party’s claim if he or she is even 1% at fault.  With respect to pedestrians, the most common arguments for contributory negligence are that the pedestrian was crossing illegally, was not watching for traffic, or attempted to cross without warning to the driver.  Because of the harsh nature of contributory negligence, it is important that pedestrians know and follow the law regarding safe crossings.  However, even if the pedestrian was negligent in crossing the roadway, they may still prevail in a lawsuit if they can establish that the driver was reckless or had the last clear chance to avoid the accident. 

19. Can I File a Pedestrian Accident Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a pedestrian accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced pedestrian accident lawyer.

20. How Do I Find the Best Raleigh Pedestrian Accident Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

What Causes of Raleigh Pedestrian Accident Claims?

One of the main causes of pedestrian accidents in North Carolina is distracted driving. With the proliferation of smartphones and other electronic devices, drivers are increasingly distracted by their devices while driving. This can lead to them not paying attention to pedestrians in the road, which can result in serious accidents.

Another cause of pedestrian accidents in North Carolina is impaired driving. Alcohol and drug use can impair a driver's judgment and reaction time, making it more likely that they will be involved in a pedestrian accident.

Another factor that contributes to pedestrian accidents in North Carolina is the lack of safe infrastructure for pedestrians. Many roads in the state do not have dedicated pedestrian walkways or crossings, forcing pedestrians to walk in the roadway. This puts them at increased risk for accidents, particularly in areas with high traffic volumes or high speeds.

Raleigh Pedestrian Accident Statistics

Pedestrian accidents in North Carolina are a significant public health issue, with more than 400 pedestrian fatalities occurring in the state in the past decade. These accidents often result in severe injuries or death for the pedestrian, and can have significant impacts on their families and communities. Many of North Carolina’s rules regarding pedestrian safety are common sense, but even those can be complicated or overridden by peoples’ assumptions. 

How to Reduce Pedestrian and Crosswalk Accidents in Raleigh, NC

One way to reduce the number of pedestrian accidents in North Carolina is to educate drivers on the importance of paying attention to pedestrians. This can include campaigns to raise awareness of the dangers of distracted driving, as well as stricter laws and penalties for distracted driving.

Improving Pedestrian and Crosswalk Infrastructure

In addition to educating drivers, improving infrastructure for pedestrians can also help reduce the number of pedestrian accidents in North Carolina. This can include installing dedicated pedestrian walkways and crossings, as well as implementing lower speed limits in areas with high pedestrian traffic.

Increase Patrolling for Drunk Drivers

Another way to reduce pedestrian accidents in North Carolina is to increase law enforcement efforts to target impaired drivers. This can include sobriety checkpoints and increased patrols in areas with high pedestrian traffic.

Multi-Faceted Approach to Pedestrian Safety

In order to address the issue of pedestrian accidents in North Carolina, it is important for state and local governments to take a multi-faceted approach. This can include education campaigns, improved infrastructure, and increased law enforcement efforts to target impaired drivers.

By working together, government agencies, community organizations, and individuals can help make North Carolina's roads safer for pedestrians and reduce the number of pedestrian accidents in the state.

Raleigh Pedestrian Injury Claims We Handle

We can help with any pedestrian accident claim, but the accidents listed below are the most common pedestrian injury claims we handle in North Carolina:

• Accidents in Crosswalks

• Unmarked Crosswalks

• Mid-Block Crosswalks

• Jaywalking

• Side-of-the-Road Accidents

• Intersections Controlled by Ordinary Traffic Signals

• Intersections Controlled by “Walk” or “Don’t Walk” Signals

• Accidents in Parking Lots

Raleigh Pedestrian Injury Lawyer Prices

For transparent, upfront pricing on what our Raleigh pedestrian accident lawyers charge to help you with your personal injury case, please click below.

Pedestrian Injury Lawyer FAQs

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• What Should I Do After a Car Accident?

• Mistakes To Avoid Following an Accident

• What Damages Can I Recover After a Car Accident?

• Accidents Involving Children and Minors

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Pedestrian Injury Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh Pedestrian Injury Attorneys Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Reviews for Our Raleigh Pedestrian
Injury Lawyers

• “Highly knowledgeable, advocated for me, and demonstrated integrity through his actions.”

• “Not only an excellent lawyer but a great human being”

• “As thorough and professional as I’ve ever seen”

• “He went out of his way to make sure I understood every detail and navigate through the steps”

• “It is hard to come by lawyers who are both professional and personable nowadays-- these guys get it right”

Why Our Pedestrian Injury Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh pedestrian accident lawyers always provide free consultations for potential clients

Schedule a Free Consultation with Our Raleigh Pedestrian Injury Lawyers

Even if the at-fault party’s insurance company blames you for the accident, our Raleigh pedestrian accident attorneys can help you recover the maximum amount of compensation that you deserve for your damages.