If you were hit by a vehicle in Greensboro and believe you may share some responsibility, it is still important to understand how the law applies and why speaking with a lawyer can make a difference.
Understanding Fault in Pedestrian Accidents
Fault refers to who caused or contributed to an accident. In pedestrian cases, fault may involve actions by both the driver and the person on foot. For example, a driver may have been speeding or distracted, while a pedestrian may have crossed outside of a marked crosswalk.
Insurance companies carefully analyze fault because it directly affects whether compensation must be paid.
North Carolina’s Contributory Negligence Rule
North Carolina follows a contributory negligence system. Under this rule, if an injured person is found to be even one percent at fault, they may be barred from recovering any compensation.
This is very different from states that use comparative negligence, where damages are reduced based on a person’s share of fault. Because contributory negligence is so strict, insurers often attempt to place blame on pedestrians whenever possible.
Common Ways Fault Is Alleged Against Pedestrians
Drivers and insurance companies frequently argue that pedestrians contributed to their own injuries. Common claims include:
- Crossing outside a crosswalk or against a signal
- Walking while distracted by a phone or headphones
- Stepping into traffic unexpectedly
- Walking at night without reflective clothing
While these allegations may sound convincing, they do not automatically prevent recovery. Each case depends on the specific facts and evidence.
Exceptions That May Still Allow Compensation
Even in a contributory negligence state, there are situations where an injured pedestrian may still recover compensation. One important exception involves the driver’s last clear chance to avoid the accident.
If a driver saw or should have seen the pedestrian in time to avoid the collision but failed to do so, the pedestrian may still have a valid claim. These cases are complex and often require thorough investigation and legal analysis.
The Importance of Evidence in Partial Fault Cases
Strong evidence is critical when fault is disputed. Police reports, witness statements, traffic camera footage, and accident reconstruction can all help demonstrate how the collision occurred.
Medical records also play an important role by showing the severity of injuries and how they align with the mechanics of the accident.
The Governors Highway Safety Association provides research and statistics that help explain how and why pedestrian crashes occur, which can be useful in understanding broader safety issues.
Why You Should Be Careful Talking to Insurance Companies
After an accident, insurance adjusters may ask for a recorded statement or suggest that you share some blame. Their goal is often to limit or deny payment.
You are not required to give a detailed statement immediately. Speaking with a lawyer first can help ensure that your words are not taken out of context or used against you.
How a Greensboro Pedestrian Accident Lawyer Can Help
When partial fault is an issue, having legal representation can be especially important. An attorney can investigate the accident, challenge unfair allegations, and argue for exceptions that allow recovery.
A lawyer can also handle negotiations and prepare the case for trial if necessary. Many pedestrian accident cases hinge on details that are easy to overlook without legal experience.
If you are unsure where you stand, a consultation with a Greensboro pedestrian accident lawyer can help clarify your options.
What Compensation May Be Available
If you are able to pursue a claim, compensation may include medical expenses, lost wages, pain and suffering, and future care needs. Every case is different, and the value depends on the extent of injuries and how the accident has affected your life.
Early legal guidance can help ensure that all potential damages are identified and supported with evidence.
Do Not Assume You Have No Case
Many injured pedestrians assume that partial fault means they have no legal options. In reality, fault is often disputed, and insurance companies do not have the final say.
Before giving up, it is worth having your case reviewed by an experienced attorney who understands how North Carolina law applies to pedestrian accidents.
How Roane Law Supports Injured Pedestrians
Roane Law helps pedestrians in Greensboro navigate complex accident claims, including cases involving disputed fault. We focus on protecting your rights and pursuing the strongest possible outcome based on the facts.
If you were injured in a pedestrian accident and are worried about fault, getting informed guidance can make a meaningful difference.