Charlotte Pedestrian Accident Lawyer

Charlotte, NC Pedestrian Accident Attorney

A Pedestrian Accident Lawyer To Fight For You

It only takes a split second for an inattentive driver to cause serious injuries to a pedestrian. Whether the accident occurred in a marked crosswalk or in another type of context, it is important to hold negligent drivers accountable for their actions. A Charlotte pedestrian accident lawyer can help you do so.

As a result of the accident, you could be faced with a significant amount of medical bills and a long recovery period, and you could be forced to take time off from work as well.

At Elam & Rousseaux, PLLC, our Charlotte pedestrian accident lawyers work hard to help you get the full and fair compensation that you need following a serious personal injury accident.

Working Hard To Get You Fair Compensation in Charlotte, NC

Once you have received medical treatment, speak with a lawyer at our firm. We take the time to thoroughly investigate the cause of your accident. We work hard to determine liability and keep you informed throughout your case.

Our Charlotte injury attorneys understand that catastrophic injuries can result in an extended absence from work, short-term expenses and long-term medical expenses. That is why we will work hard to help you get maximum compensation to meet your present and future needs.

This compensation may cover the following:

• Medical and hospital bills
• Emergency room bills
• Recovery expenses
• Lost wages
• Pain and suffering

What Are the Most Common Disputes in Pedestrian Accident Cases?

There are many different contentious disputes that could arise after pedestrian accidents, which may warrant the case being heard in court. These often deal with proving liability and trying to calculate the extent of damages. Some of the most common in Charlotte, NC include:

Fault and Liability

It can take time to properly determine who was at fault in a pedestrian accident. This is why this area is considered one of the most contentious in pedestrian accidents. For example, the driver of the vehicle could claim that the pedestrian was not in the crosswalk or was crossing the street while texting on their phone. On the other hand, the pedestrian could take the stance that the driver was speeding and failed to yield the right of way.

Degree of Negligence

Even if a driver was clearly found to be at fault, disputes could still happen over whether contributory negligence could be a factor. This means that the court would attempt to determine if the pedestrian shared any fault for the accident. If it’s found that they were partially at fault, they could be barred from collecting any compensation. For example, surveillance footage showing the pedestrian jaywalking could mean they share liability.

Extent of Injuries

It’s very common for disputes to arise over how serious the injuries were in a pedestrian accident. For example, the defendant’s insurance company may take the position that the injuries were overdramatized to try to secure more insurance money. They could also argue that the individual already had some of the injuries prior to the accident. All medical records and testimonies from healthcare professionals can be used to resolve personal injury disputes.

Economic and Non-Economic Damages

A comprehensive calculation of pedestrian accident damages includes a look into both economic and non-economic damages. Economic damages include expenses like medical bills or lost wages from work, which would not have happened if it weren’t for the accident. Non-economic damages can be calculated by looking at how much pain and suffering the victim experienced. Future expenses like ongoing medical care can also be lumped into these calculations.

Insurance Coverage

There are often disputes about insurance coverage limits and whether certain policies are applicable for any given pedestrian accident case. For example, someone might question if a driver’s insurance policy actually covers the damages calculated in the accident. There may also be disputes over whether the pedestrian’s insurance should compensate for some of the losses.

Legal and Procedural Issues

There can be countless disputes over different legal and procedural issues throughout the case. For example, someone could claim that certain pieces of evidence were unlawfully collected and, therefore, should not be admissible in court. There could also be various interpretations of traffic laws that require a look into different precedents established in other cases. The results of these disputes can dramatically affect the outcome of a pedestrian accident case.

Impact on Quality of Life

It’s important to investigate how a victim’s quality of life was impacted by a pedestrian accident. However, disputes can arise from these determinations. For example, opposing counsel might question the integrity of one healthcare professional’s conclusion on the long-term impact of their injuries. In this case, they may bring in a second opinion that differs from the original conclusion to debate in court and reach a consensus.

To successfully resolve any of these disputes, a lawyer will take time to analyze all available evidence and highlight certain facts or discrepancies to resolve the issue on behalf of their client. The goal is to build the most compelling and fact-based argument to combat the opposing counsel’s position. Discuss all elements of your case upfront with your attorney to try to minimize the number of these disputes.

FAQs for Pedestrian Accident Attorneys

Q: What Steps Should I Take After a Pedestrian Accident in North Carolina?

A: Steps to take after a pedestrian accident in North Carolina include stopping at the scene, assisting anyone who needs help, and exchanging contact information with everyone involved if you are able to do so. These steps can be useful whether the accident was with another car, a pedestrian, or a bicyclist. You should also report your accident to law enforcement as soon as possible.

Q: What Is a Hit-and-Run Pedestrian Accident in North Carolina?

A: Leaving the scene of a pedestrian accident, otherwise known as a hit and run, can be charged as either a misdemeanor or felony. The charge will depend on the details of the specific case. Accidents that only involve property damage are the most likely to be left as just a misdemeanor. When injuries or even death occur as a result of an accident, the individual found responsible is more likely to face a felony charge.

Q: Do Pedestrians Have the Right of Way in NC?

A: Any pedestrian who is lawfully using a designated crosswalk at an intersection has the right of way in North Carolina. This means that drivers have a legal obligation to yield to pedestrians when they are in this space. Drivers in North Carolina must remain vigilant when driving through high pedestrian areas and neighborhoods to prevent any unnecessary accidents.

Q: What Laws Must NC Drivers Follow Regarding Pedestrians in School Zones?

A: North Carolina laws mandate that drivers must reduce their speed limit in school zones when the designated signs are flashing. All North Carolina drivers must be extremely cautious when driving through a school zone, especially during opening and closing hours when there can be a high level of student traffic. These laws are designed to reduce the number of pedestrian-related accidents at school, which could increase if one were to neglect these state mandates.

Dedicated Representation In Fatal Accident Claims

Tragically, many accidents involving pedestrians prove to be fatal accidents. If you have lost a loved one in a pedestrian accident, we may be able to help you pursue a wrongful death claim.

From our first interaction to the issuing of the final compensation award, the attorneys at Elam & Rousseaux, PLLC, stand with our clients every step of the way to ensure their rights are protected and every claim is considered. We pride ourselves on taking this customer-centric approach to everything we do as attorneys.

We understand that no amount of compensation can make up for your loss, but we can help hold negligent parties accountable for their actions. Whatever the case may be, we are here to help. Call us now at 704-343-0000 for a consultation.