Legal Steps to Take After a Crosswalk Pedestrian Accident

Being struck while crossing the street can lead to serious injuries and leave you feeling disoriented and unsure of what to do next. It’s essential to consult an experienced attorney as soon as possible to pursue the necessary medical care and take the appropriate steps to hold the driver accountable. 

At my firm, Robert Louis Armstrong, Personal Injury Attorney in Wilmington, North Carolina, I work with pedestrians every year who have been injured by careless drivers. These incidents often happen in places where people have every legal right to feel safe, especially in marked crosswalks.

In this blog, I’ll walk you through the legal actions you should consider after a crosswalk pedestrian accident, from gathering evidence at the scene to pursuing compensation through an insurance claim or personal injury lawsuit. Knowing your rights is the first step toward protecting them.

Your Crosswalk Rights in North Carolina

In North Carolina, pedestrians have the right of way in marked crosswalks, and this right is protected by state traffic laws. If a driver fails to yield and causes injury, that driver can be held legally responsible.

It’s common for drivers to claim they “didn’t see” the pedestrian or mistakenly believed they had the right of way. However, such excuses don't absolve them of responsibility for the harm caused.

If the pedestrian was within a clearly marked crosswalk or an unmarked crosswalk at an intersection, the law generally supports the pedestrian's claim. Legal claims in these cases often focus on whether the driver was distracted, speeding, acting recklessly, or otherwise ignoring pedestrian safety.

In a pedestrian injury case, an attorney will typically begin by examining the scene. They will ascertain whether the crosswalk was properly marked, whether the traffic signal was functioning, and whether there were skid marks, dashcam footage, or witness statements. These details can help build a strong legal case under North Carolina law.

Seek Immediate Medical Attention After an Accident

For any pedestrian injured in a crosswalk accident, seek immediate medical care as soon as possible, even if the injuries initially seem minor. What might feel like a simple bruise or soreness could develop into a more serious condition in the days that follow.

Prompt medical attention not only supports your recovery but also helps establish a clear connection between the accident and the injuries sustained. Medical records serve as vital evidence in a personal injury case, documenting the nature, timing, and severity of your injuries, which can be critical when dealing with insurance companies.

If there’s a delay between the accident and the first medical visit, insurers may question the validity of the claim. That’s why legal professionals often advise accident victims to visit an emergency room or urgent care clinic as soon as possible after the incident.

Follow-up appointments with specialists, physical therapy, imaging, and other treatments can provide additional documentation that may strengthen a personal injury case. These records help demonstrate how the injury has impacted the victim’s daily life, their ability to work, and their long-term health.

Preserve Evidence From the Scene

Strong evidence can significantly influence the outcome of a pedestrian personal injury case. After a crosswalk accident, it's important to collect as much information from the scene as possible. This includes taking photos of the crosswalk, the vehicle involved, any visible injuries, and the surrounding conditions, such as lighting or weather.

Surveillance footage can also be a critical piece of evidence. Many intersections in North Carolina have traffic cameras, and nearby businesses may have security systems that capture footage of the area. Video evidence can reveal whether a driver ran a red light, was speeding, or failed to yield to a pedestrian.

Eyewitness accounts provide additional support for a legal claim. Passersby, drivers, or bicyclists who witnessed the incident may be willing to provide statements. Reach out to them early while the events are still fresh in their memory to secure accurate and compelling testimony that supports the injured pedestrian’s version of events.

Report the Accident and File a Police Report

In North Carolina, any accident involving an injury, especially a pedestrian crash, should be reported to law enforcement. When officers respond to the scene, they complete an official accident report that becomes a key piece of evidence in a personal injury claim. 

This report typically includes statements from those involved, witness accounts, the officer’s observations, and in some cases, an initial assessment of fault.

If police don't respond to the scene, such as in a hit-and-run or when injuries aren't immediately apparent, it’s still important to file a report as soon as possible. Doing so creates an official record of the incident, which serves as vital evidence when pursuing legal action.

Insurance companies often attempt to deny or minimize pedestrian claims by citing the absence of a police report. The goal of a police report isn’t to assign blame on the spot; it’s to establish a clear and documented account of the event that can protect the injured party’s legal rights throughout the claims process.

Establish Fault and Address Contributory Negligence

North Carolina applies a strict legal doctrine called contributory negligence. Under this rule, if an injured pedestrian is found to be even 1% at fault for the accident, they may be completely barred from recovering any compensation. It’s a strict standard that underscores the importance of preparing and presenting a strong personal injury claim.

Drivers and insurance companies may argue that the pedestrian was distracted, crossed outside of a designated area, or ignored traffic signals. To counter these claims, it’s critical to gather and present evidence showing the pedestrian was acting lawfully and reasonably. This might include witness statements, traffic signal data, surveillance footage, and timing records that establish the driver’s duty to yield.

Even in cases where fault is disputed, successful outcomes are still possible when the facts are clearly laid out. The strength of the evidence and how it’s used to demonstrate the driver’s negligence can make all the difference. In many pedestrian accidents, a driver’s failure to yield or pay attention is at the heart of the case, and holding them accountable is essential to achieving justice for the injured party.

Accurately Evaluate Your Pedestrian Accident Claim

A personal injury claim following a crosswalk accident involves far more than just reimbursement for medical bills. Injured pedestrians often face a wide range of challenges, including:

• Time missed from work

• The need for long-term rehabilitation or therapy

• Permanent limitations in mobility or lifestyle

• Emotional distress, such as anxiety or depression

• A fear of walking in public or crossing streets again

When evaluating a pedestrian injury claim, it’s essential to consider the full scope of damages. This includes both current and future medical expenses, lost income, reduced earning potential, pain and suffering, emotional trauma, and loss of enjoyment of life. 

These elements provide a more complete picture of how the injury has impacted the individual’s well-being. Legal professionals often work closely with medical experts, life care planners, and financial consultants to assess the long-term effects of the injury. 

The goal is to pursue compensation that accurately reflects the severity and lasting impact of the accident, not just a standard settlement based on a formula. Every case is unique, and the value of a claim should be grounded in the real-life consequences.

Pursue Compensation From All Available Sources

After a crosswalk pedestrian accident, compensation may be available from multiple sources. Typically, the at-fault driver’s liability insurance is the primary option. However, additional coverage may come into play, especially if the driver is uninsured/underinsured.

In North Carolina, pedestrians may also be able to file claims under their own auto insurance policies, even if they weren’t in a vehicle at the time of the accident. This type of coverage, such as uninsured or underinsured motorist protection, can be a crucial resource when the responsible driver lacks sufficient insurance or can't be identified.

Every insurance policy should be carefully reviewed to determine all potential avenues for recovery. In some cases, liability may also extend to a third party. For example, if a crosswalk was poorly maintained, a traffic signal malfunctioned, or nearby construction created unsafe conditions, a municipality or contractor could be partially responsible. 

These situations require in-depth investigation and swift legal action, but they may provide additional opportunities for compensation. By identifying all potential sources, injured pedestrians are in a better position to pursue a comprehensive and fair recovery that accurately reflects the full extent of their damages.

Act According to North Carolina’s Legal Deadlines

Timing plays a crucial role in pedestrian personal injury cases. In North Carolina, injured pedestrians typically have three years from the date of the accident to file a lawsuit. However, waiting that long can significantly weaken your case. Over time, evidence may be lost, witnesses can become difficult to locate, and memories of the incident may fade.

Taking early legal action not only helps preserve key evidence but also signals to insurance companies that the injured party is serious about asserting their rights. In many cases, acting quickly has been the key factor in securing fair compensation rather than facing a denied or reduced claim.

While there are exceptions to the statute of limitations, such as cases involving minors or claims against government entities, these exceptions are complex and shouldn't be relied upon without legal guidance. The most effective approach is to act promptly, seek legal advice early, and make sure all deadlines are met to protect the right to recovery.

Contact a Personal Injury Attorney

Being involved in a pedestrian accident is often overwhelming. But you don't have to go through it alone. At Robert Louis Armstrong, Personal Injury Attorney, I’ve made it my life’s work to help people recover from serious accidents. Located in Wilmington, North Carolina, I serve clients in the surrounding areas of New Hanover County, Pender County, Brunswick County, and Onslow County. Contact me today to schedule a free consultation.