The party that’s at fault in a pedestrian accident case in North Carolina depends on the circumstances, including the cause of the collision. North Carolina is a contributory negligence state, which means that if a pedestrian is assigned even 1 percent of fault for the accident, he or she will be ineligible for financial compensation from the motor vehicle driver.
If you were hit as a pedestrian in a motor vehicle collision in Wilmington, NC and are unsure who was at fault, contact our Wilmington pedestrian accident lawyer to discuss your legal options and pursue the compensation you deserve. Schedule your free consultation today.
Is North Carolina a No-Fault State?
No, North Carolina is not a no-fault state. It is a fault state, which means the person responsible for causing a pedestrian collision can be held financially accountable, or liable. If a driver is found to be at fault for colliding with a pedestrian, for example, the driver will have to pay for the pedestrian’s medical bills, lost wages and other damages through his or her automobile insurance policy.
How Is Fault Determined in a Pedestrian Accident Case?
With the fault-based car insurance system, an injured pedestrian must provide evidence proving that the driver (or a third party) is responsible for causing the accident. Most often, liability for a pedestrian collision in North Carolina goes to the party that broke a traffic law or was negligent at the time of the collision.
Common causes include:
- Distracted driving
- Texting and other cell phone use while driving
- Speeding or reckless driving
- Speeding in a residential or school zone
- Driving under the influence
- Failing to stop at a crosswalk
- Running a red light or stop sign
- Ignoring traffic signals and signs
- Ignoring a pedestrian’s right-of-way
- Making an unsafe left turn or illegal U-turn
In some cases, the liable party could be someone other than the motor vehicle driver, such as an employer of an on-duty driver (e.g., a rideshare company or delivery service), a school, a car part manufacturer, or the government for an unsafe roadway.
What Does the Contributory Negligence Law Mean for North Carolina Pedestrians?
In North Carolina, identifying someone else’s negligence does not determine fault alone. The state abides by a rare contributory negligence legal doctrine during personal injury claims. Under this rule, if an injured victim contributes at all to his or her own injuries, even by 1 percent, he or she cannot recover any financial compensation from a defendant.
The “Last Clear Chance” Exception
Since pedestrians can suffer significantly worse injuries than motor vehicle drivers in collisions, North Carolina lawmakers enacted the “Last Clear Chance” doctrine to protect their ability to recover financial compensation.
Under this rule, even if a pedestrian shares fault for an accident, he or she can still recover financial compensation if the driver had a last clear chance to avoid hitting the pedestrian – but failed to take it and struck the person anyway.
How to Protect Your Rights as an Injured Pedestrian in North Carolina
If you get hurt in a pedestrian accident in North Carolina, determining and proving fault can be difficult on your own. Luckily, you have the right to hire a qualified pedestrian accident attorney to represent you during the claims process. An attorney can investigate your collision thoroughly to determine the liable parties and collect evidence against them that proves negligence.
If an insurance company is attempting to place part or all of the blame for the accident on you as a pedestrian, your lawyer may be able to invoke the last clear chance doctrine to protect your right to recover compensation. With a lawyer looking out for your rights and best interests, you will have the peace of mind to focus on recovering.
To discuss a pedestrian accident case with a local attorney in North Carolina, contact Shipman Wright & Moore, LLP, for a free initial consultation.