Statesville Pedestrian Accident Lawyer

Statesville Pedestrian Accident Attorney

The actions of a negligent or reckless driver can cause severe bodily injury to an unsuspecting bystander at any time. Crosswalks and any areas where drivers come into close proximity to pedestrians can become hotspots for collisions that leave pedestrians injured, permanently disabled, or even killed. Injured pedestrians can receive monetary compensation for their injuries by hiring a Statesville pedestrian accident lawyer.

At Law Office of Lyndon R. Helton, PLLC, we’re proud to represent victims of pedestrian accidents. We can help you seek full recovery for your damages.

How to Prove Liability in Pedestrian Accident Cases

More than 7,500 pedestrians were killed in 2022. The 40-year high may be due to the prevalence of SUVs and unsafe roadway infrastructure. While fault may seem obvious when a driver hits a pedestrian, proving liability requires the use of evidence and the consideration of factors that are unique to personal injury cases.

Your pedestrian accident lawyer may be able to demonstrate that the driver in question disobeyed traffic laws or ignored signage intended to protect pedestrians. When the driver can be shown to have been intoxicated or driving over the speed limit, proving liability may be straightforward.

When those factors are not present, though, proving liability can take the skills of an experienced professional who can recreate the steps that led up to the collision. Physical evidence and witness statements can play an important role in establishing who was at fault for the collision. Increasingly, camera footage is readily available for major intersections.

Given the high stakes of a personal injury claim, the driver and their attorney may try to say that you were at fault or partly at fault for causing the accident. They may assert, for example, that you were distracted when you stepped onto the street. The job of your pedestrian accident lawyer is to rebut those accusations using evidence.

Ultimately, your lawyer will have to demonstrate that a preponderance of evidence shows that it is more likely than not that the driver caused the accident. However, doing so can take tireless work on the part of your attorney. With the right legal counsel, you could hold the at-fault driver accountable and receive monetary compensation for your injuries.

How Can a Pedestrian Injury Lawyer Help Me?

After a pedestrian injury, the first course of action is to seek compensation from the driver’s automobile insurance. While this may sound straightforward, insurance companies are in the business of making money, and a claim for bodily injury could prove costly. Even if they make a settlement offer, it may be for far less than you are entitled to.

A pedestrian injury lawyer can carefully review your case to see how much compensation you need for your past, current, and future losses. To determine if you have a strong claim, your lawyer may ask you these questions:

• Was the driver who collided with you breaking the law at the time of the accident by speeding, texting, or driving under the influence?
• Were you struck from behind or the side?
• Did the driver fail to maintain a proper lookout or control of their vehicle?
• Did the driver who struck you flee the scene of the accident?
• Were you in a crosswalk or clearly outside the lane of travel?
• Was the driver cited by law enforcement authorities for their involvement in the accident?

Your personal injury lawyer can negotiate with the insurance company to ensure that you receive what you are entitled to.

In cases where the driver has no insurance or insufficient insurance, your lawyer can explore the possibility of taking further action through the filing of a personal injury claim. During this time, the defendant may make a settlement offer. Your attorney can provide legal advice on what a fair settlement amount should be.

Most cases are resolved through settlements. If the defendant does not make a fair offer, the case will go to trial, where a jury or judge decides who is at fault and what compensation is due.

FAQs

Q: What Is the Average Car Accident Settlement in North Carolina?

A: The average car accident settlement in North Carolina is largely based on the type and severity of the injuries that you incurred as the result of the defendant’s negligence. Your lawyer may factor in compensation for pain and suffering or other costs tied to the accident. During your consultation, your lawyer can go over the factors that determine a fair settlement.

Q: Do Pedestrians Have the Right of Way in a Parking Lot in North Carolina?

A: Pedestrians have the right of way at all intersections and driveways but must yield to motorists when crossing outside a marked crosswalk. At all crosswalks in North Carolina, drivers are obligated to yield to pedestrians, while pedestrians are required to follow the directions on signs. Drivers are expected to exercise caution so they avoid colliding with any pedestrian.

Q: What Are the Accident Laws in North Carolina?

A: North Carolina is an at-fault state when it comes to pedestrian accident cases. The person who caused the accident is financially responsible for any bodily injury or physical damage they cause. The accident laws in North Carolina include criminal and civil penalties for driving infractions. Criminal penalties are reserved for serious offenses like DWI and reckless driving.

Q: Is Jaywalking Illegal in NC?

A: As in other states, jaywalking is unlawful. It is considered a minor offense in North Carolina and not a crime. You may receive a ticket for jaywalking. More likely than not, though, jaywalking is an infraction that largely goes unpunished. Jaywalking becomes a significant factor in a civil liability case because the violation could show that the pedestrian is partly at fault for the accident.

Schedule Your Statesville Pedestrian Consultation Today

You do not have to live with the financial consequences of someone else’s negligent driving. By working with an experienced personal injury lawyer, you can navigate the insurance claim process and achieve favorable outcomes. If needed, your lawyer can take additional legal measures to make sure that you receive the compensation you are due.

At Law Office Of Lyndon R. Helton, PLLC, we take pride in helping injured parties receive compensation for their injuries, whether they’re located in Statesville, Burke County, Caldwell County, or Catawba County. We have helped many injured pedestrians receive settlements that cover their past and future treatment costs. To schedule your consultation, please contact our office today.