Pedestrian accidents occur more often than people realize in North Carolina, and they happen in a range of scenarios. While it is true that most pedestrian incidents happen at highway intersections, many of them also happen in parking lots or even when people are walking down the side of the road. Who is responsible for medical bills and injury damage payment depends on who is ultimately found to be at fault for causing the incident, which is not always an obvious determination. Pedestrians are evaluated for their actions in an accident just like drivers, and in many cases, the victim contributes to their own injury. And, this often does not bode well for the injured pedestrian whether they are walking or riding a bicycle or some other non-motorized mode of transportation. 

Contributory Negligence in North Carolina

North Carolina is a fault state when auto accidents are adjudicated, and the state uses the antiquated contributory negligence law that bars a claimant from being auto accident lawyers

compensated for injuries if they even contribute slightly to causing their own injury. This means that those who are even assigned 1% of fault will be responsible for paying their own medical bills with no legal recourse for additional compensation for the injuries. Car accident law firms understand this situation, and they also understand that it gives insurance companies ample incentive to force a claim to court if they think they can prove personal negligence to any degree. 

Filing a Claim

In cases where it is obvious that a driver is totally at fault for the incident, claimants should obtain a copy of the official accident report and ensure that all information is correct. Medical bills along with a diagnosis and prognosis report will be needed as well because much of the claim will be centered on recovering general damages. Negligent parties are responsible for covering these primary designated expenses, also termed special compensatory damages. It is important to always meet all medical appointments when seeking maximum compensation because insurance companies will use failure to make appointments as a defense when wanting to reduce claim settlements based on the severity of injury. 

General Damages Compensation

The most valuable element of a pedestrian accident injury claim will be the general damages for long-term impact. Many pedestrian injuries are very serious if not fatal due to not having a vehicle for protection, and car accident law firms will focus on general damage recovery payment for ongoing future pain and suffering. Those who die in an accident will usually have family who can file a claim in their stead, many times resulting in a wrongful death claim for punitive damages in addition to the personal injury claim. Certain factors such as the age of the victim and their family disposition after the fact can contribute to claim values. Insurance companies never want to pay commensurate general damages when they think an injured claimant will not retain legal representation, but they know that car accident law firms in North Carolina will stress financial recovery for future medical issues and ongoing problems in life due to the injuries. 

Contact Our North Carolina Car Accident Law Firm

Pedestrian accidents in North Carolina can be just as difficult as a standard two-car accident when appropriate injury compensation is being determined. Call our car accident law firm and let us conduct a full investigation into your pedestrian injury claim potential. The novice injured party is never a match for a team of insurance company attorneys focused on a claim denial by taking a case to court. Injured pedestrians only get one opportunity for financial justice. Let us put our experience in pedestrian accident claims to work for you.

contact kellum law firm NC