Pedestrian accidents can lead to devastating injuries and, in some cases, tragic loss of life. At Shipman & Wright, we understand the profound impact these accidents can have on victims and their families—physically, emotionally, and financially. Our dedicated Wilmington personal injury accident attorneys are here to fight for your rights and pursue the compensation you need to recover.
Contact Shipman & Wright today at (910) 762-1990 to discuss your case and take the first step toward justice and recovery.
Why Choose Shipman & Wright To Represent You?
After being injured in a pedestrian accident, choosing the right legal representation is crucial. At Shipman & Wright, our legal approach is tailored to your unique situation, ensuring your case receives the attention and dedication it deserves.
Our law firm stands out for the following reasons:
- Experienced attorneys: Our personal injury lawyers in Wilmington, NC bring a wealth of knowledge and experience to pedestrian accident claims.
- Client-centric service: We prioritize your needs, offering personalized guidance through every step of your case.
- Proven track record: Our history of securing favorable outcomes speaks volumes about our commitment to justice for our clients.
- No upfront costs: We offer a free, no-obligation consultation, and charge no fee unless we win you compensation.
Choosing Shipman & Wright means partnering with a law firm that not only understands the intricacies of pedestrian accident claims but also cares deeply about how the accident has impacted your life.
How Our Wilmington Pedestrian Accident Lawyer Will Help You
Choosing the right attorney can make all the difference in the outcome of your pedestrian accident case. At Shipman & Wright, our experienced attorneys are committed to guiding you through every step of the legal process. Here’s how we can help:
- Investigation: We’ll examine every detail of your accident, gather evidence, and determine who is responsible.
- Dealing with insurance companies: Our team will handle all communications with insurers, so you won’t have to worry about accepting an unfair settlement.
- Securing a fair settlement: We’ll negotiate on your behalf, accounting for future medical expenses, lost wages, and other damages.
- Maximizing your compensation: Our attorneys will ensure that all aspects of your losses are fully calculated and presented in your claim.
- Court representation: If a fair settlement isn’t possible, we’re prepared to fight for your rights in court.
- Providing peace of mind: With us on your side, you can focus on healing while we handle the legal complexities.
What Are The Common Causes of Pedestrian Accidents?
There are many circumstances that can result in a motor vehicle collision in Wilmington with a pedestrian, most involving some form of negligence on the part of the driver. Some of the most frequent causes include:
- Distracted driving: When drivers are not fully focused on the road, pedestrians are at risk.
- Failure to yield the right-of-way: Pedestrians in crosswalks are often overlooked by hurried drivers.
- Speeding: Higher speeds make it harder for drivers to stop in time to avoid hitting a pedestrian.
- Impaired driving: Alcohol and drugs impair a driver’s judgment and reaction times, which can lead to an accident.
- Poor visibility: Accidents are more likely to occur in conditions of low visibility, such as at night or during bad weather.
Pedestrian Laws in North Carolina
Understanding North Carolina’s pedestrian laws can protect you from serious accident and injury risks. It can also help you have a stronger claim if you are struck by a motor vehicle, as fault and liability (financial responsibility) for the accident will most likely go to the party that was in violation of one of the state’s pedestrian laws.
At marked and unmarked crosswalks and intersections in North Carolina, pedestrians have the right-of-way. If the intersection has a traffic control signal, however, pedestrians must wait for the “Walk” signal to cross. Drivers are required to yield to all pedestrians who are entering and inside of crosswalks. Outside of crosswalks, pedestrians must yield to motor vehicles.
How Liability for Pedestrian Accidents is Established in North Carolina
On North Carolina roads, both drivers and pedestrians have responsibilities. Drivers are required to exercise due care to avoid hitting pedestrians and adhere to speed limits and traffic signals. Pedestrians, on the other hand, must follow traffic signals and use crosswalks where available (N.C. Gen. Stat. § 20-174).
Establishing liability for a pedestrian accident involves understanding the concept of negligence. Negligence occurs when someone’s failure to act with reasonable care results in harm to another person. For pedestrian accidents, this could mean (for example) a driver not yielding at a crosswalk and striking a crossing pedestrian.
Common Pedestrian Accident Injuries in Wilmington
Pedestrian-vehicle collisions often result in catastrophic injuries, or injuries that will impact the victim for the rest of his or her life. With virtually no protection from injury, pedestrians can suffer a variety of injuries when hit by a car, such as:
- Skull fractures, concussions and traumatic brain injuries
- Bone fractures, including to the legs, arms, ribs and hips
- Muscle sprains and strains or torn ligaments
- Internal organ damage or bleeding
- Severe lacerations, abrasions and road rash
- Facial and dental injuries
- Neck, back and spinal cord injuries
- Traumatic amputations or the loss of limb
- Chronic pain or disability
The trauma of this type of accident can also inflict significant emotional, mental and psychological injuries on a survivor. After a pedestrian accident in Wilmington, seeking professional medical attention and legal advice is critical.
Common Causes of Pedestrian Accidents in Wilmington, NC
Pedestrians are put in harm’s way mainly due to driver errors in Wilmington. Careless and reckless mistakes behind the wheel threaten pedestrian safety and cause life-changing injuries to those struck by vehicles. Common causes of pedestrian accidents include:
- Distracted driving
- Texting or other cell phone use
- Speeding or driving too fast for conditions
- Falling asleep behind the wheel
- Driving under the influence of drugs or alcohol
- Failing to yield the right-of-way
- Making dangerous left turns
- Running red lights and stop signs
- Environmental factors, such as obstructed views
- Poorly designed crosswalks
- Dangerous construction zones
A thorough investigation into the accident can determine its cause and identify the defendant(s) or liable parties. The liable party could be the negligent driver, state or municipal government for a dangerous roadway, a company or employer, or another party.
What to Do if Your Loved One Was in a Fatal Pedestrian Accident
Sadly, many pedestrian accidents in Wilmington are fatal. If the pedestrian does not survive his or her injuries, the pedestrian’s family members may be eligible for compensation through a wrongful death lawsuit. This is similar to a personal injury claim that could have been filed by the pedestrian had he or she survived, but is instead filed by surviving family members.
If you tragically lose a loved one in a fatal pedestrian accident in Wilmington, consult with our attorneys about a potential wrongful death claim. Your family may be eligible for compensation for losses such as funeral and burial costs, lost income and future earnings, loss of inheritance, medical and hospital bills, loss of consortium, mental anguish, and more.
What if I Was Partially At Fault for an Accident?
Some pedestrian accidents in North Carolina occur due to a combination of driver negligence and pedestrian errors. If you contributed to your pedestrian accident, you typically will not be eligible to collect any financial damages under the state’s strict contributory negligence law. However, it is important to consult with an attorney about your eligibility before assuming this rule will bar you from compensation.
How Can North Carolina’s Strict Contributory Negligence Law Impact My Wilmington Accident Claim?
If you are found to be even slightly at fault for your pedestrian accident, under N.C. Gen. Stat. § 1-139, you may not be able to recover any compensation for your injuries and damages. This highlights the need for a pedestrian accident lawyer in Wilmington who has the knowledge and skill to thoroughly investigate your case. They can ensure that all contributing factors are properly evaluated, and fight to prevent any unfair blame from being placed on you.
Types of Compensation Available For a Pedestrian Accident Victim in Wilmington
Victims of pedestrian accidents in Wilmington may be entitled to various types of compensation, reflecting their injuries’ physical, emotional, and financial toll. Recoverable damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages
If a pedestrian accident results in the tragic loss of a loved one, consulting with a wrongful death lawyer is crucial to ensure that you pursue the compensation your family deserves. A Wilmington wrongful death attorney can help you navigate the legal complexities of seeking justice for the loss of a loved one caused by another party’s negligence.
How Long Do I Have to File a Pedestrian Accident Claim in Wilmington?
Under N.C. Gen. Stat. § 1-52, the statute of limitations for personal injury claims, including pedestrian accidents, is generally three years from the date of the accident. However, certain circumstances may modify this timeframe, either extending or shortening the period available for filing a claim. It’s recommended to speak with a pedestrian accident attorney as soon as possible to discuss your time limit.
Consult With Our Wilmington Pedestrian Accident Attorney Today
If you or a loved one has been involved in a pedestrian accident in Wilmington, do not wait to seek legal assistance. The pedestrian accident attorneys in Wilmington at Shipman & Wright are committed to providing compassionate, competent legal representation to help you secure the justice and compensation you deserve. Call Shipman & Wright today at (910) 762-1990 or fill out our online contact form to schedule a consultation with a law firm that truly cares about your recovery.
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Wilmington Office
575 Military Cutoff Road
Suite 106
Wilmington, NC 28405
(910) 762-1990.