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Shapiro & Appleton

What Laws Apply If You Are a Pedestrian and Get Hit by a Car in North Carolina?

You are walking along Memorial Avenue in Nags Head, North Carolina headed to the beach. You cross the street at a designated crosswalk. Suddenly, a driver texting on their cell phone fails to stop at the crosswalk and hits you. The impact is severe causing extensive physical injuries. Unfortunately, this scenario is quite common in North Carolina. Each year, more than 2,000 pedestrians are involved in accidents where they were hit by a vehicle. Between 150 and 200 are killed, and an additional 200 to 300 are seriously injured, according to pedbikeinfo.org

If you or a loved one was hit by a vehicle in Nags Head, Kill Devil Hills, or anywhere else in the Outer Banks, you need to speak to an experienced personal injury lawyer to discuss your legal options. 

Drivers Have a Duty of Care to Watch Out for Pedestrians

In North Carolina, a driver has a duty to use reasonable care when operating a motor vehicle. A driver who fails to use reasonable care and injures a pedestrian may be liable for the resulting harm. A driver’s failure to stop for pedestrians crossing a highway can be a factor in determining a driver’s negligence. According to N.C.G.S. §20-155 (c):

The driver of any vehicle upon a highway within a business or
residence district shall yield the right-of-way to a pedestrian
crossing such highway within any clearly marked crosswalk, or any
regular pedestrian crossing included in the prolongation of the
lateral boundary lines of the adjacent sidewalk at the end of the
block, except at intersections where the movement of traffic is being
regulated by traffic officers or traffic direction devices.

If a driver hits a pedestrian at a designated crosswalk, they violated their duty of care and should be held responsible for your harms and losses. The damages that can be pursued through a pedestrian accident lawsuit include your incurred medical bills, future medical bills, lost wages, pain and suffering, and potentially punitive damages (a.k.a. punishment damages).

Five Reasons to Contact Our NC Law Firm Today

  1. We have a track record of success in obtaining large settlements and verdicts for our clients (though no result can be guaranteed for your potential case). 
  2. AV Preeminent rating by Martindale-Hubbell, one of the most well-respected legal publications in the United States.
  3. Free, confidential consultations and contingency fee arrangements so you pay us nothing until we obtain a settlement or verdict in your favor.
  4. The lawyers at Shapiro & Appleton& Duffan have been representing injured Carolinians since 1985 and have handled thousands of jury trials. 
  5. The firm is recognized as a "Best Law Firm" by U.S. News & World Report (since '10) for personal injury litigation.

 
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