Walking has several known health benefits. From weight loss to improved mental health, if you’re looking for a healthy way to commute, walking is it. This activity isn’t without its risks, though. Pedestrians share the streets with cars, trucks, cyclists, and construction sites. Negligent behavior can turn an afternoon stroll into an emergency room visit.
Victims of pedestrian accidents in Rutherfordton have the right to pursue compensation. Whether it’s through an insurance claim or a lawsuit, a settlement could help you pay for your medical bills. A Rutherfordton pedestrian accident lawyer can review your case and explain your legal options to you.
In This Article
Pedestrian Accident Recoverable Damages
Victims of pedestrian accidents can recover a range of damages, including:
- Lost wages
- Property damages
- Medical expenses
- Wrongful death
- Pain and suffering
How Much Will I Receive?
Pedestrian accidents take place in a variety of contexts. The North Carolina Department of Transportation (NCDOT) reports that roughly 2,000 pedestrians are involved in car accidents each year. These accidents aren’t all the same, though. Some take place at busy intersections, whereas others occur on sleepy side streets. Injuries vary from accident to accident, too. What’s a bruise for one victim could be a broken femur for another.
This variability extends to settlements. There’s no “average” pedestrian accident settlement given the breadth of potential injuries involved. The outcome of insurance negotiations or a lawsuit will impact the valuation of a case, too.
If you’re curious about the value of your settlement, a pedestrian accident lawyer can help. They can compare your case to previous pedestrian accident claims and provide you with a ballpark range for the value of your case. They can also advise you on the quality of settlement offers.
For a legal consultation with a pedestrian accidents lawyer serving Rutherfordton, call 828.286.3866
Can I Afford a Pedestrian Accident Lawyer?
According to NCDOT, the average cost of a motor vehicle crash is $106,000. This number is nothing to scoff at. Even well-established victims of pedestrian accidents may find themselves worrying about money. That’s why our team works on contingency – we won’t turn you away because of financial concerns. A contingency fee plan means that:
- We charge nothing up front
- You don’t have to pay our firm unless we win you a settlement
- Our payment will be a percentage of your final settlement
Rutherfordton Pedestrian Accident Lawyer Near Me 828.286.3866
The Benefits of Hiring a Pedestrian Accident Lawyer
Handling a pedestrian accident can be complicated. These types of claims often involve complex negotiations with little room for error. Hiring a pedestrian accident lawyer from our firm could make your life easier. We can:
- Act as your representative: Pedestrian accident cases entail a good deal of communication. To secure a settlement, you’ll need to speak with insurers of other relevant parties. We can handle this aspect of your case, so you don’t have to.
- Investigate your case: Pedestrian accident cases hinge on evidence. Without compelling evidence, you’re unlikely to win a settlement. Our team can investigate the events of your accident. This investigation could include witness interviews, crash footage, or images of the crash scene.
- Maintain prompt communication: Questions are a natural part of the legal process. It’s normal to be concerned about the status of your case. We’ll provide you with consistent case updates and prompt answers to your legal questions. If you hire us, you won’t be kept up at night wondering about your accident.
- Fight for a fair settlement: Insurers and other relevant parties may try to deny your settlement claim. We can go toe-to-toe with an insurer or at-fault party on your behalf. We care about the betterment of our clients and aren’t afraid to fight for a fair settlement.
Negligence in North Carolina
North Carolina adheres to a pure contributory negligence common law. This precedent bars claimants from receiving a settlement if they contributed at all to their accident. The defendant in your case may take advantage of this precedent and suggest that the accident was caused by your negligence.
To sidestep North Carolina’s pure contributory negligence precedent, your legal team will need to clearly establish the four elements of negligence. These elements are qualifiers that highlight the negligence of another party. In establishing them clearly, you can show that your accident did not stem from your own negligence. They include:
- Duty of care: Drivers are responsible for keeping other motorists and pedestrians safe from harm. This responsibility is called a duty of care and is a given in pedestrian accident cases.
- Breach of duty: A breach of duty is a lapse in a person or party’s duty of care. On the roadway, this can look like speeding, distracted driving, or otherwise ignoring roadway rules.
- Causation: While highlighting a breach of duty is important, illustrating the link between the breach in question and your accident is even more so. The evidence must show that the at-fault party caused your accident by behaving negligently.
- Damages: Damages are the final element of negligence. To show that you were damaged by your accident, a lawyer can review your injuries and medical expenses. This evidence will illustrate the extent of your damages.
Our lawyers are familiar with North Carolina’s pure contributory negligence law. We can answer your questions about this precedent and work towards proving that another party was entirely responsible for your accident.
Identifying the Liable Party
If your legal team successfully establishes the elements of negligence, the at-fault party will be considered liable. This means they or their insurer is responsible for reimbursing you for the harm that they caused you. A liable party in a pedestrian accident could be:
- A driver
- A trucker
- A cyclist
- Any other party that veered off the roadway and caused you harm
Our team can identify the liable party or parties in your case. Once we’ve identified them, we can apply the aforementioned elements of negligence.
The Pedestrian Accident Statute of Limitations
Pedestrian accident cases are subject to North Carolina’s personal injury statute of limitations. This statute provides a three-year deadline for pedestrian accident lawsuits, per G.S. § 1-52. While not always necessary, lawsuits are useful for disputing unsatisfactory insurance settlement offers. You should get started on your case as soon as you can – you don’t want to miss your chance to file a lawsuit.
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We’re Ready to Support the Victims of Pedestrian Accidents
Were you recently in a pedestrian accident? Are you concerned about how you’re going to pay your medical bills? Farmer & Morris Law, PLLC can help. We’re committed to supporting the residents of North Carolina, including those living in Rutherfordton. Let us handle your pedestrian accident while you recover – you deserve time to rest.
Call our offices for a free no-obligation case review today.