Car accidents involving pedestrians such as a crosswalk accident are often more complex than those involving two vehicles. This complexity is partly due to North Carolina’s harsh contributory negligence rule. This outdated legal principle states that a defendant can completely evade liability if they can demonstrate the plaintiff was even 1% at fault for the accident. In cases involving pedestrians or cyclists, insurance companies often attempt to argue that the plaintiff was engaged in unlawful behavior when their insured struck them. The solution in crosswalk cases is straightforward – refer to the statutes. North Carolina law is explicit; a motorist must stop at crosswalks for pedestrians. If you have suffered a personal injury from being struck by a vehicle while walking or riding your bicycle, especially in a crosswalk accident, contact the attorneys of Maginnis Howard at (919) 526-0450.
North Carolina has established two fundamental statutes that govern the rights and duties of pedestrians at crosswalks. They exist to ensure the safety of pedestrians while crossing streets. Additionally, these laws clarify the responsibilities of pedestrians and drivers in these areas, especially in cases of crosswalk accident.
N.C.G.S. § 20-172
This statute pertains to the obligations of a pedestrian when there are special pedestrian-control signals in place. In that situation, “pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right‑of‑way by the drivers of all vehicles.” If a vehicle strikes a pedestrian while lawfully crossing a crosswalk with this signal, such an incident is undoubtedly a crosswalk accident. Clearly, the pedestrian acted responsibly and it is unlikely that a defendant could claim contributory negligence as a defense. In that case, you should call an attorney to ensure you get the compensation you deserve. The insurance company will only try to undermine the amount it pays out.
Another piece of N.C.G.S.§ 20-172 states that pedestrians should not cross the street if the “Don’t Walk” sign is flashing. If a pedestrian is injured while crossing with the “Don’t Walk” sign flashing, proving liability and defeating contributory negligence is much more difficult. It is not impossible, however. North Carolina’s “last clear chance” exception to contributory negligence could save your case.
N.C.G.S. § 20-173
The second relevant statute pertains to the obligations of automobile drivers at intersections without traffic-control signals. It provides simply that “[w]here traffic‑control signals are not in place or operation the driver of a vehicle shall yield the right‑of‑way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at or near an intersection.” You likely have a valid negligence claim if you are struck while lawfully walking or riding your bicycle through a crosswalk. You have sustained injury in a crosswalk accident. The automobile driver has a statutory obligation to look out for your safety.
Contact Our Raleigh Crosswalk Auto Accident Attorneys
At Maginnis Howard, we’ve spent decades helping pedestrians recover from life-shattering accidents, including crosswalk accidents. We also focus on getting justice for families who have lost a loved one to a negligent driver. We represent pedestrian accident clients on a contingency basis. That means you don’t pay a fee unless we recover compensation on your behalf. Call our office at (919) 526-0450 to schedule your free consultation with a Raleigh pedestrian accident attorney. You may also chat with a Live Agent or send a message through our contact form. We represent clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.
