Dealing with the aftermath of a car accident is tough and stressful. For pedestrians, it’s even more challenging because they’re more at risk. What happens after a car hits a pedestrian can be complicated and overwhelming. It’s not just about the physical injuries, there are a number of complicated legal aspects and emotional struggles that come with it.
The Immediate Aftermath
- Prioritize Safety. The primary concern following a car accident, whether you’re a pedestrian or a driver, is ensuring safety. If possible, relocate to a secure area away from traffic and immediately dial emergency services. Giving prompt attention to any injuries sustained should be the utmost priority.
- Gather Information. While waiting for emergency services, make an effort to collect as much information as you can. If the driver remains at the scene, exchange contact details, insurance information, and take note of the license plate number. Additionally, gather contact information from any witnesses who are present.
- Document The Scene. Take pictures of the accident, including the cars, any injuries, and the area around. These photos are important when dealing with insurance and legal matters later on.
Legal Implications
- North Carolina’s Contributory Negligence Law. North Carolina abides by the contributory negligence rule. This means that if you are even partly responsible for the accident, you might be prevented from seeking damages. Accurately determining fault becomes crucial under this legal principle.
- Reporting The Incident To The Police. In North Carolina, it’s mandatory to file a police report for accidents causing injuries or property damage exceeding $1,000. This report acts as a vital piece of evidence, helping establish fault and providing details about the accident’s circumstances.
- Prioritizing Medical Attention. It’s important to seek medical attention promptly, even if your injuries seem minor. Some injuries may not show immediate symptoms, and having a medical record becomes vital when pursuing a personal injury claim.
Insurance Matters
- Understanding Liability Insurance. In North Carolina, every driver is required to have liability insurance. As a pedestrian, you might qualify for compensation through the driver’s liability insurance if the driver is considered at fault.
- Insurance For Uninsured/Underinsured Motorists. If the responsible driver lacks insurance or has insufficient coverage, you can look at your insurance policy for help. While uninsured/underinsured motorist coverage isn’t mandatory in North Carolina, it’s strongly recommended, particularly for pedestrians.
- Fault-Based System. North Carolina follows a fault-based system, meaning the party at fault bears the responsibility for compensating the injured party. Unlike no-fault states where each party’s insurance handles their damages, North Carolina requires the at-fault driver’s insurance to cover the losses of the injured party.
Legal Recourse
- Filing A Personal Injury Lawsuit. If discussions with the at-fault driver’s insurance company hit a roadblock or if the driver lacks insurance, you may consider filing a personal injury lawsuit. Seek guidance from a seasoned personal injury attorney to assess your case’s viability and navigate the legal complexities.
- Understanding Statute Of Limitations. Being mindful of the statute of limitations for personal injury cases in North Carolina is crucial. Typically, you have a three-year window from the accident date to file a lawsuit. Not meeting this deadline could forfeit your right to pursue compensation.
- Calculating Damages. In a personal injury lawsuit, damages include medical expenses, lost wages, pain and suffering, and related costs. Working with an attorney helps you accurately evaluate the complete extent of your damages and make a solid case.
The Role Of A Personal Injury Attorney In Pedestrian Accidents
Personal injury attorneys are vital in standing up for the rights of pedestrians hurt in accidents. They represent the injured person and help them navigate the complicated legal steps needed to get compensation.
- Legal Knowledge. Personal injury attorneys are experts in the laws related to accidents, especially those involving pedestrians. They are familiar with North Carolina’s contributory negligence system and know how to build a strong case for their clients.
- Investigative Work. Lawyers thoroughly investigate the accident’s circumstances. This involves gathering evidence, speaking with witnesses, and analyzing police reports to accurately establish fault and liability.
- Documenting Damages. They also help in documenting the complete extent of damages, making sure that all relevant medical records, bills, and other evidence are properly organized. This detailed documentation strengthens the client’s case during negotiations with insurance companies or in court.
- Legal Representation. Personal injury attorneys act as legal representatives for the pedestrian accident victim. They handle communication with insurance companies, negotiate settlements, and, if required, represent their clients in court.
How Attorneys Evaluate The Viability Of A Case
Figuring out if a personal injury case can work is an important part of the legal process. Attorneys, using what they know and their experience, look at different factors to ensure that it’s the best move for the victim.
- Determining Fault. Attorneys review the evidence to figure out how much fault each party holds. In states like North Carolina with contributory negligence, this evaluation is especially important.
- Assessing Damages. They carefully look at both the financial and non-financial losses suffered by the pedestrian. This involves medical costs, lost earnings, pain, suffering, and other related expenses.
- Checking Insurance. Attorneys examine the available insurance coverage, both from the responsible party and the victim’s own insurance policies. This assessment helps identify potential sources of compensation.
- Keeping Time In Mind. Lawyers pay attention to the time limits set by the statute of limitations. They make sure legal action starts within the specified timeframe to prevent losing the right to seek compensation.
The Benefits Of Legal Representation When Dealing With Insurance Companies
Seeking the assistance of a personal injury attorney offers numerous benefits when interacting with insurance companies, as insurers are typically inclined to reduce the amount they pay out.
- Negotiating Skills. Attorneys excel in negotiations, understanding the tactics employed by insurance adjusters. They can properly respond to offers, securing a fair settlement that includes the whole scope of the victim’s damages.
- Legal Safeguard. Having legal representation lets the insurance companies know that the victim is committed to rightfully seeking compensation. This often leads to more thoughtful consideration and fair settlement offers.
- Understanding Insurance Practices. Personal injury attorneys are well-acquainted with insurance company procedures and policies. This familiarity allows them to navigate challenges and simplify the claims process for their clients.
- Preparedness For Legal Action. In the event of failed negotiations, attorneys are ready to escalate the case to court. This preparedness may prompt insurance companies to propose a more favorable settlement to avoid the uncertainties and expenses linked with litigation.
Trust Tatum & Atkinson, PLLC For Legal Expertise
If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.
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