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Involved In An Auto Accident As A Pedestrian In North Carolina?July 12, 2019
If you are involved in a car accident as you walk along the roadways of North Carolina, know that there are laws designed to protect you. Here, Dewey, Ramsay, and Hunt explain the necessary steps people often fail to take when involved in an auto accident as pedestrians in North Carolina. If you or someone you love suffered an accident as a pedestrian, call us at (704) 377-3737.
What to Do If You Are Struck by a Vehicle
If you were hit by a vehicle, you need to leave the road and stay away from traffic. Most pedestrians hit by cars need medical attention. Your health is your most important asset and your top priority if hit by a car is to make sure a qualified medical professional provides treatment for your injuries.
Pursuant to N.C. Gen. Stat. § 20-166, the driver who causes your accident is required to stop to aid you by providing reasonable assistance, such as calling for medical aid. Moreover, the driver is supposed to provide you with the following information:
- Driver name
- Driver’s license number
- License plate number
Contacting the police is an essential step because the police create a report. This report is central to your case in the event that the driver tries to blame you for the accident. The police interview witnesses and are supposed to document what they find at the scene of an accident. Your statement to the police is preserved and is considered reliable evidence. The police report should have your side of the story.
North Carolina Pedestrian Laws
Pedestrians are required to be mindful of their safety and avoid putting themselves into dangerous situations by ignoring traffic rules and regulations. Any number of these inadvisable acts can be construed as contributory negligence:
- Walking into oncoming traffic
- Entering the roadway to disrupt traffic
- Ignoring a “stop” signal at an intersection
- Walking in front of moving vehicles
- Ignoring marked crossing areas
Insurance Coverage for Pedestrian Accidents
Insurance coverage will be your main source of compensation after a pedestrian accident. You should file a claim with the “at-fault” driver’s insurance company. In the event the insurance denies the claim or refuses to pay, an attorney can help you review your options. It may be in your best interest to file a civil lawsuit in order to force the insurance company to pay.
If you’re hit by a driver who is uninsured or underinsured, you can file a claim under a special type of insurance known as Uninsured/Underinsured (UM/IM) Motorist Insurance Coverage. UM/IM is an important source of additional funds to many North Carolinians who can only recover the mandated minimum of $30,000.
How to File a Lawsuit for a Pedestrian Hit and Run in North Carolina
A successful claim, if you’re involved in an accident as a pedestrian, requires proof that the driver was negligent. Negligence in a court of law is not the same as what most people may experience in their daily lives. For most people negligence can be something as simple as forgetting to pay a bill or leaving a pan on the stove for too long. However, in North Carolina, you have to prove that the driver:
- Owed you a duty to avoid causing harm
- The driver acted in a way that violated or breached that duty
- The said breach caused your injuries
- You suffered damages or losses as a result of the injuries, such as medical expenses or lasting psychological damage
Turn to the Legal Team You Can Trust
The team at Dewey, Ramsay, and Hunt knows how difficult this time can be for you and your family. Don’t face these troubles alone. A North Carolina pedestrian hit and run lawyer at our law firm can help you recover compensation for medical bills, lost wages, pain, and suffering, and more after your accident. If you or someone you love suffered an accident as a pedestrian, call us at (704) 377-3737.