AI Insights Key Takeaways
- You generally have 3 years from the crash to file a pedestrian injury lawsuit in North Carolina (2 years for wrongful death).
- North Carolina's pure contributory negligence rule can bar recovery if the pedestrian is found even partly at fault — for example, for crossing outside a crosswalk — so insurers often raise it.
- Because pedestrian injuries are often severe, available coverage — the driver's liability plus your own uninsured/underinsured motorist coverage — can be decisive.
- Schehr Law PLLC handles Charlotte pedestrian accident cases on contingency — no fee unless we win.
General information, not legal advice. Every case is different — talk to an attorney about yours.
In a collision with any kind of motor vehicle, a pedestrian is completely vulnerable. Few victims of pedestrian accidents in North Carolina walk away unscathed, and many suffer life-changing or life-threatening injuries. For families going through this ordeal, Schehr Law PLLC’s pedestrian accident lawyer in Charlotte, NC is here to help. Our team will guide you through the legal process, handle every aspect of your claim, and pursue maximum compensation for your family — so you can focus on getting better.
Pedestrian Accident Injury Claims in Charlotte, NC
Every day in North Carolina, cars strike victims on foot, often changing their lives forever. Joggers, runners, and people simply walking from their vehicles to their destinations are all at risk. In Charlotte, pedestrian accidents are common at marked crosswalks and intersections, as well as in parking lots and parking garages.
The North Carolina Division of Motor Vehicles reported 2,311 total pedestrian crashes in 2022, including 280 fatal crashes and 1,981 non-fatal injury crashes. Nearly 98% of pedestrian crashes that year led to reportable injuries, meaning the vast majority of victims incur at least some medical expenses — often significant costs compounded by lost wages when injuries keep the victim out of work.
Common Injuries in Pedestrian Accidents
The vulnerability of victims on foot to the crushing forces of a collision makes severe injuries likely. Our team routinely handles claims involving injuries such as:
- Traumatic brain injuries (TBIs) — a blow or jolt to the head can cause cognitive issues, physical impairments, and long-term complications, sometimes even without a direct impact to the head.
- Spinal cord injuries — among the most serious, often leading to loss of mobility, function, and sensation, and sometimes partial or total paralysis.
- Amputations and limb loss — severe trauma or crush injuries may sever a limb or require surgical amputation, changing how you get around, work, and live independently.
- Fractures and broken bones — most commonly in the arms, legs, ribs, and pelvis.
- Internal injuries — internal bleeding or organ damage that may not be immediately visible but can be life-threatening.
- Facial and dental injuries — broken jaws, nose fractures, lost teeth, and facial disfigurement.
- Lacerations and abrasions — cuts, scrapes, and road rash that can lead to significant blood loss, infection, or permanent scarring.
- Soft tissue injuries — sprains, strains, and torn ligaments that can require extensive rehabilitation or surgery.
- Emotional and psychological trauma — emotional distress, PTSD, depression, or anxiety following the accident.
Anyone involved in a pedestrian accident should seek immediate medical attention, even if they feel uninjured. The symptoms of some serious injuries may not appear until hours or days later, and waiting to seek care can worsen your injuries and weaken your claim.
Pedestrian Accidents and Fatal Injuries
The consequences of a pedestrian accident can be tragic, and many common injuries can prove fatal. Grieving families should know they may be able to hold the driver accountable through a wrongful death claim — ensuring the driver faces the consequences of their negligence while financially providing for the victim’s surviving family members.
Common Causes of Pedestrian Accidents
A variety of factors contribute to pedestrian accidents, and drivers owe a particular duty to pedestrians in their vicinity. Causes our pedestrian accident lawyer may be able to help you with include:
Distracted Driving
Drivers focused on texting, phone calls, or adjusting the radio may not notice pedestrians in time to stop. Some drivers are so distracted they don’t even attempt to stop or swerve.
Failure to Yield
State law requires motorists to yield to pedestrians in crosswalks and at intersections. Failing to do so — whether from distraction, impatience, or neglect — can constitute negligence.
Speeding
Drivers traveling at high speeds have less time to react and generate a greater force of impact, making serious injuries far more likely.
Driving Under the Influence
Alcohol or drugs impair a driver’s ability to recognize and react to pedestrians. Even if a driver isn’t over the legal BAC limit of 0.08% or charged with DUI, a Charlotte pedestrian injury attorney can help you hold them accountable in a civil claim.
Ignoring Traffic Signals
When drivers run red lights or stop signs, their unexpected conduct endangers everyone around them and often leads to striking pedestrians who are crossing with the right of way.
Poor Visibility & Weather Conditions
Pedestrian accidents are especially likely in low-light conditions such as dawn, dusk, or nighttime. Rain, fog, snow, or ice can reduce visibility and make roads slippery. Motorists have a responsibility to adjust their speed and following distance in response to these hazards.
Poor Road Design and Lack of Pedestrian Infrastructure
Inadequate signage, poorly placed crosswalks, and roads lacking sidewalks or pedestrian bridges can increase the risk of accidents. In some cases, it may be possible to name a company or government entity responsible for designing or maintaining the road as a defendant — complex cases that require the guidance of a skilled pedestrian accident lawyer in Charlotte, NC.
Your Legal Right to Compensation in NC
If you’ve been injured as a pedestrian in North Carolina, understanding your legal rights is essential. Victims have the right to seek financial compensation for their damages, but to recover a payout they must establish that someone else’s negligence caused the accident.
Types of Financial Compensation
- Medical expenses — current and future bills, including doctor visits, hospital stays, surgeries, physical therapy, medications, and medical equipment.
- Rehabilitation costs — ongoing physical or occupational therapy.
- Lost wages — income lost to missed work or a diminished ability to earn in the future.
- Pain and suffering — compensation for the physical and emotional harm you experienced.
- Emotional distress — anxiety, depression, or PTSD following a traumatic accident.
- Loss of consortium — compensation for a serious injury’s effect on the relationship between the victim and their spouse.
- Permanent disability or disfigurement — additional compensation reflecting the lasting impact of your injuries.
- Wrongful death — funeral expenses, loss of financial and non-financial support, and emotional suffering for the victim’s family.
- Punitive damages — in rare cases where the defendant’s actions were particularly reckless or malicious.
North Carolina’s Contributory Negligence Rule
Proving negligence is more than a formality for injured pedestrians in North Carolina. Under the state’s contributory negligence rule, if you’re found even partially at fault, you may be barred from recovering any compensation. If the defendant’s insurer can pin even the smallest portion of fault on you, they may not have to pay you at all — which is why it’s vital to have a Charlotte pedestrian injury attorney protecting your rights and negotiating with the insurance company on your behalf.
How Schehr Law PLLC Can Help
An experienced Charlotte pedestrian injury attorney at Schehr Law PLLC can assist you with claims arising out of all types of collisions, including:
- Backing-up accidents — drivers reversing in parking lots or driveways who fail to notice pedestrians behind them.
- Left-hand turn accidents — drivers turning at intersections who focus on oncoming traffic rather than pedestrians crossing.
- Right-hand turn accidents — drivers turning right, including on red, who fail to watch for pedestrians in the crosswalk.
- “Multiple threat” accidents — a pedestrian struck by a vehicle in another lane after the first driver yields.
- Dooring accidents — drivers or occupants opening a door directly into a passing pedestrian.
- Hit-and-run accidents — complicated cases where a driver flees the scene; our knowledge can help you pursue the compensation you’re entitled to.
Why Choose Schehr Law PLLC
With an in-depth grasp of Charlotte’s local laws and a strong history of advocating for accident victims, Schehr Law PLLC stands at the forefront of pedestrian accident representation in Charlotte, NC. Our approach begins with a thorough review and investigation of the facts unique to your situation. We settle many cases out of court through strong negotiation, but we won’t hesitate to fight for you at trial — and we prepare every case for that possibility from the beginning. We assist the injured on a contingency basis with a No Fee Guarantee, beginning each case with a free consultation and representing clients at no upfront cost.
Frequently Asked Questions
What should I do after a pedestrian accident?
First, it’s essential that you get to safety to avoid further harm. A pedestrian accident may leave you injured in the path of traffic, where you’re vulnerable to subsequent accidents. Get to safety if at all possible.Report the accident to the authorities and request medical assistance right away. While you’re waiting, gather any evidence you can from the accident scene, including photographs and witness accounts.Seek immediate medical attention, even if injuries appear minor, to avoid missing and potentially worsening any damage. Getting prompt medical care also serves to document your injuries for the purpose of your claim.Even at this early stage, engaging a personal injury attorney experienced in handling pedestrian accidents can be invaluable. Your attorney can advise you on what to be aware of when notifying insurance companies of the accident and launch an investigation promptly to capture evidence before it has a chance to disappear.
Do pedestrians have the right of way in NC?
In North Carolina, drivers are required to yield to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection. However, pedestrians must not suddenly leave the curb and walk or run into the path of a vehicle. While pedestrians do have rights, they are also obligated to obey traffic signals and exercise due care.It’s essential for both drivers and pedestrians to follow these regulations to ensure safety on North Carolina roads. When a driver fails to yield to pedestrians as required by law, they can cause accidents and severe injuries.
How much can you sue for in a pedestrian accident?
The purpose of your pedestrian accident injury claim is to recover compensation for your economic and non-economic losses that makes you financially whole. Numerous factors affect the potential value of your claim, including:
- The severity of your injuries
- The extent of your damages, including medical needs, lost wages, and pain and suffering
- The amount of insurance coverage available to you
For a pedestrian accident that results in comparably minimal losses, compensation may amount to a few thousand dollars. The most serious pedestrian accidents, which result in considerable medical interventions and long-term disability, may entitle you to compensation in amounts in the six-figure range or above.Having an experienced attorney fighting for you can help to maximize the compensation you receive.
What if the insurance company is trying to blame me for the accident?
It’s not unusual for insurance companies trying to limit claims payouts to attempt to blame victims for the accident, especially as NC’s contributory negligence rule means that being found even 1% at fault could prevent you from recovering compensation. The insurer may try to claim that you contributed to the crash as a distracted pedestrian, failing to pay attention to traffic, traffic signals, and your surroundings.It’s particularly important to retain a knowledgeable attorney like Schehr Law PLLC to protect your legal rights if the insurance company is unfairly arguing that your distraction contributed to your accident.
Contact a Charlotte Pedestrian Accident Lawyer Today
Getting through the aftermath of a serious pedestrian accident — the medical care, financial hardship, and demands of the claims process — is challenging. Having a trusted legal partner on your side can make all the difference. For skilled, compassionate help from a pedestrian accident lawyer in Charlotte, NC, contact us today or call (704) 900-0336.