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When a vehicle strikes you while you are walking, the consequences can reach far beyond the collision itself. You may need extensive medical treatment, lose income while you recover, and face pressure from an insurance company before you fully understand your injuries.
Farmer & Morris Law, PLLC, represents injured pedestrians and families throughout Western North Carolina. Our Horse Shoe pedestrian accident lawyers and the rest of our legal team have served more than 10,000 clients and recovered over $100 million for injury and disability clients.
Contact us for a free consultation to discuss your case today with one of our Horse Shoe personal injury lawyers.
Pedestrian Claims Require Careful Legal Preparation
Pedestrian collisions frequently cause severe injuries because a person on foot has no meaningful protection from the force of a moving vehicle. The initial impact may cause substantial harm, and the pedestrian may then be thrown against the vehicle, pavement, or another object.
These claims also raise factual questions that may not arise in an ordinary vehicle collision. The parties may disagree about where the pedestrian entered the road, whether a signal was operating, how clearly the driver could see, or whether the driver had enough time to stop.
At Farmer & Morris Law, PLLC, we examine the entire sequence leading to the impact. Our team can gather evidence, address allegations of pedestrian fault, and present a claim that reflects both your financial losses and the personal effects of your injuries.
Injuries and Losses Following a Pedestrian Collision
A pedestrian may sustain several injuries in one collision, each requiring different treatment and recovery periods.
Common injuries include:
- Traumatic brain injuries and concussions.
- Spinal cord, neck, and back injuries.
- Broken bones and joint injuries.
- Internal bleeding and organ damage.
- Severe cuts, scarring, and disfigurement.
- Nerve damage and reduced mobility.
- Psychological injuries related to the collision.
Medical treatment may involve hospitalization, surgery, rehabilitation, medication, specialist appointments, or assistance with daily activities. Your injuries may also prevent you from returning to work or performing the same occupational duties.
We review how the collision has affected your health, income, independence, and daily routine. That information allows us to present a more complete account of your losses than medical bills alone would provide.
Compensation Available in a Pedestrian Injury Claim
North Carolina law may allow an injured pedestrian to seek compensation when another person’s negligence caused the collision. The value of the claim depends on the strength of the liability evidence and the nature and duration of the resulting harm.
Recoverable losses can include both economic and noneconomic damages, such as:
- Emergency care, hospitalization, and surgery.
- Rehabilitation, medication, and follow-up treatment.
- Reasonably anticipated medical expenses.
- Wages lost during treatment and recovery.
- Reduced future earning capacity.
- Physical pain and emotional suffering.
- Permanent impairment, scarring, or disfigurement.
- Damage to clothing and personal property.
The insurer may question whether all treatment was related to the collision or argue that a prior medical condition caused some of your symptoms. Our Horse Shoe pedestrian accident attorneys can obtain medical documentation and other evidence showing how the impact caused or aggravated your condition.
North Carolina Fault Rules Can Affect Your Recovery
North Carolina follows the contributory negligence rule. This means the insurance company may argue that your own actions contributed to the collision. If that defense succeeds, you may be barred from recovering compensation.
Pedestrians generally must obey traffic signals and yield to vehicles when crossing outside a marked or unmarked crosswalk. However, a driver may still be responsible for speeding, distracted driving, impairment, or failing to keep a proper lookout.
We review the evidence to determine whether the insurer’s allegations are supported and whether the driver had a clear opportunity to avoid hitting you.
Evidence Our Horse Shoe Pedestrian Accident Attorneys May Use to Prove Fault
A police report can provide a useful starting point, but it may not include every witness, recording, or fact relevant to the collision. We look beyond the initial report for evidence showing how the crash occurred and who was responsible.
Evidence may include:
- Photographs of the roadway, vehicle, injuries, and traffic controls.
- Surveillance, dashboard, traffic-camera, or doorbell footage.
- Witness statements and 911 recordings.
- Vehicle data and braking information.
- Cellphone records showing possible driver distraction.
- Debris, skid marks, and vehicle damage.
- Medical records connecting your injuries to the collision.
- Wage and employment records documenting lost income.
Because recordings may be erased and vehicles may be repaired, early investigation can help preserve evidence before it is lost.
Claims Involving a Fatal Pedestrian Accident
When a pedestrian dies because of another person’s negligence, the estate’s personal representative may file a wrongful death claim.
Compensation in these cases can include:
- Medical expenses related to the fatal injuries.
- Funeral and burial costs.
- Lost income and services.
- Loss of care, companionship, comfort, and guidance.
North Carolina generally allows two years from the date of death to file a wrongful death lawsuit. Because these claims can involve both estate and liability issues, families should speak with an attorney as soon as possible.
Time Limit for Filing a North Carolina Injury Lawsuit
North Carolina generally allows three years from the date of injury to file a personal injury lawsuit. Other rules may apply based on the identity of the defendant and the circumstances surrounding the collision.
Waiting can also reduce the amount of evidence available, even when the legal deadline has not passed. Early review allows us to identify filing requirements, preserve records, and begin addressing disputed facts while the information is still available.
Contact a Pedestrian Accident Lawyer Serving Horse Shoe Today for a FREE Consultation
Farmer & Morris Law, PLLC, handles personal injury cases on a contingency-fee basis. This means our attorney’s fees are collected only if we recover compensation for you, with fees and case expenses addressed in the written representation agreement.
Contact our firm today for a free consultation with a pedestrian accident lawyer serving Horse Shoe. We will fight to protect your rights with Integrity. Experience. Results.
