Is a Pedestrian at Fault for Not Walking in a Crosswalk in North Carolina?
In North Carolina, motorists must yield to pedestrians crossing the road in marked crosswalks and take reasonable steps to avoid hitting pedestrians even when they proceed without the right of way. Given the latter obligation, you might reasonably wonder what happens if you hit a pedestrian not in a crosswalk by accident. Can they file an insurance claim or lawsuit against you?
Establishing Duty of Care and a Driver’s Responsibilities
Drivers have a responsibility under North Carolina law to yield the right-of-way to a pedestrian crossing a marked crosswalk or crossing at an intersection with a marked or unmarked crosswalk. This responsibility also includes checking crosswalks of intersecting streets for crossing pedestrians before turning. Drivers should also check the sides and rear of their vehicle for pedestrians before backing up or pulling out of a parking space.
However, pedestrians also have duties and responsibilities when crossing the road. First, pedestrians should use marked crosswalks or intersections to cross the road whenever possible. Under North Carolina law, a pedestrian who crosses the street outside a crosswalk or intersection must yield the right-of-way to traffic. Furthermore, the law requires pedestrians to obey traffic signals at intersections with traffic controls. If an intersection only has traffic lights, pedestrians must obey lights as a vehicle operator would.
If an intersection has special pedestrian control signals, pedestrians must obey that signal, only entering the crosswalk or intersection when the special pedestrian control signal displays “WALK” or the walk symbol. When the signal displays “DON’T WALK” or a comparable symbol, pedestrians may not enter the crosswalk or intersection. However, when the signal changes, pedestrians already in the crosswalk or intersection may proceed to the nearest sidewalk or safety island.
Can a Pedestrian Be at Fault If They Were Hit by a Car in North Carolina?
When a pedestrian violates North Carolina traffic laws governing pedestrian crossings, the pedestrian may be at least partially at fault for a resulting traffic collision. For example, a pedestrian may bear some responsibility for an accident if they jaywalk across the street and step in front of a vehicle too close for the driver to avoid a collision with them. A pedestrian may also bear some share of fault if they cross an intersection against a traffic light or special pedestrian signal, such as while distracted by a cell phone or music on headphones.
How to Determine Fault in a Pedestrian Accident Case in North Carolina
Even when a pedestrian walks into the street without the legal right to do so, the driver who hit the pedestrian may still bear responsibility for the accident. Investigators will look at the following evidence to determine who is to blame:
- Police accident reports
- Accident scene photos, including lighting conditions, road conditions, or visual obstructions
- Surveillance, dashcam, and traffic camera videos
- Vehicle event data recorder logs
- Eyewitness testimony
- Accident reconstruction expert reports
Because North Carolina uses the legal concept of contributory negligence if a pedestrian is found at all responsible for the crash – even just 1 percent – the pedestrian will be unable to recover any compensation from the at-fault driver. This strict rule makes it critical to work with an attorney who can build a solid case to show any negligence on your part played no role in the accident.
Talk to Our Experienced North Carolina Pedestrian Accident Lawyers Now
If you’ve been hurt in a pedestrian accident in North Carolina, you could be owed compensation for your medical bills, lost wages, pain, suffering, and other losses. Let our experienced attorneys help you demand it. Contact us online or call Ward Black Law today for a free, no-obligation case review to speak with our North Carolina pedestrian accident lawyers about your legal options.