Winston-Salem Pedestrian Accident Lawyer
Getting hit by a car while walking can leave you with serious injuries and an insurance company questioning whether you were at fault. A Winston-Salem pedestrian accident lawyer from Lewis & Keller Injury Lawyers can handle your pedestrian injury claim and challenge attempts to blame you.
Whether you were struck in a crosswalk, along a neighborhood street, or in a parking lot, our attorneys can investigate the driver’s actions and build a claim for your injuries. You can discuss what happened and learn about your legal options during a free case review.
If your injuries came from a different type of incident, a Winston-Salem personal injury lawyer with our firm can review that claim as well. Use our online form to get started.
- Who Has the Right-of-Way When a Pedestrian Is Hit in Winston-Salem?
- The Driver’s Duty of Due Care Applies Everywhere
- What if You Were Partly at Fault for the Pedestrian Accident?
- See What Our Clients Say
- How to Protect Evidence After a Winston-Salem Pedestrian Injury
- What Insurance Covers a Pedestrian Accident in North Carolina?
- Our Results Speak For themselves
- Why Trust Lewis & Keller Injury Lawyers After a Pedestrian Crash
- Our Winston-Salem Pedestrian Accident Attorneys
- FAQs: Winston-Salem Pedestrian Accident Lawyer
- Get Answers About Your Winston-Salem Pedestrian Injury Claim
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Hurt in the middle of the night? Don’t wait to contact our law office. A real person is available 24/7 and will answer your call.
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Experience
Our personal injury attorneys have years and years of experience fighting insurance companies and have successfully handled thousands of cases.
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We Win
Working on a contingency-fee basis allows our clients to retain our services without worrying about hourly legal fees. You won’t owe us a penny unless we win!
Who Has the Right-of-Way When a Pedestrian Is Hit in Winston-Salem?
North Carolina gives pedestrians the right-of-way in crosswalks without working signals and when a WALK signal is showing, and it requires them to yield when crossing elsewhere. Where you were crossing and what the signal showed are among the first facts an insurer will examine.
| Where the Accident Happened | Who Has the Right-of-Way? |
| Crossing with a WALK signal | Drivers must yield to pedestrians crossing with the signal. |
| At an intersection without working signals | Drivers must yield to pedestrians in marked or unmarked crosswalks, slowing or stopping if needed. |
| Beside a vehicle stopped at a crosswalk | Drivers approaching from behind can’t pass a vehicle stopped for a pedestrian. |
| On a sidewalk crossing a driveway | Drivers entering or leaving a driveway, alley, or building entrance must yield to pedestrians. |
| Crossing outside a crosswalk | Pedestrians must yield to vehicles. |
| Between intersections with working signals | Pedestrians must use a marked crosswalk. |
These rules help establish who has the right-of-way, but drivers must also use reasonable care to avoid hitting pedestrians.
The Driver’s Duty of Due Care Applies Everywhere
Every North Carolina driver must use due care to avoid hitting a pedestrian on any roadway, even when the pedestrian is crossing outside a crosswalk. This duty applies notwithstanding the other crossing rules, and it requires drivers to sound the horn when necessary.
A driver who was speeding, looking at a phone, or not watching the road can still be responsible when a pedestrian crosses mid-block on Fourth Street downtown.
The same statute requires drivers to take proper precautions when they see a child or a confused or incapacitated person on the road. That duty matters in neighborhood streets, near schools, and around bus stops, where children and older adults often walk.
Your Winston-Salem pedestrian accident lawyer can examine whether the driver saw the pedestrian, had time to react, and took reasonable steps to avoid the collision.
What if You Were Partly at Fault for the Pedestrian Accident?
North Carolina’s contributory negligence rule can prevent you from recovering compensation if your own negligence contributed to the accident. Crossing outside a marked crosswalk, stepping off a curb against a signal, or walking in the roadway where a sidewalk is available can all become the basis for that argument.
The rule has recognized limits. The last clear chance doctrine can sometimes preserve your claim if the driver had a reasonable opportunity to avoid hitting you. Willful or wanton conduct can also prevent a driver from relying on contributory negligence. Your actions must have contributed to causing the injury for the defense to apply.
Our team examines signal timing, lighting, witness statements, and the driver’s actions to challenge claims that you shared responsibility for the accident.
How Do Insurance Companies Try to Blame Injured Pedestrians?
Insurance companies may argue that your own actions contributed to the accident to avoid paying your claim. Your Winston-Salem pedestrian injury attorney can investigate these allegations and gather evidence to challenge them.
Common arguments include claims that you:
- Crossed outside a marked crosswalk
- Started crossing against a DON’T WALK signal
- Were distracted by a phone or headphones
- Wore dark clothing at night
- Walked in the road when a sidewalk was available
Our Winston-Salem pedestrian accident lawyers start with the driver’s conduct: speed, lighting, sight lines, phone use, and whether the driver kept a proper lookout. Reconstructing the accident can help establish how much time the driver had to react and whether the collision could have been avoided.
We also look at the roadway itself, including crosswalk markings, signal timing, and street lighting at the time of the crash.
See What Our Clients Say
How to Protect Evidence After a Winston-Salem Pedestrian Injury
Preserving evidence after a pedestrian accident can help establish what happened and protect your injury claim. Many business and residential camera systems record over older footage on a set cycle, so a request sent in the first days after a crash has a much better chance of capturing the collision.
A few steps can help protect your claim:
- Get medical care: Seek treatment and attend follow-up appointments.
- Request the crash report: Get the report number from the Winston-Salem Police Department or responding agency.
- Collect witness information: Save names and contact details.
- Identify nearby cameras: Look for businesses, homes, and transit stops with cameras.
- Preserve clothing: Keep the shoes and clothing you were wearing.
- Contact a lawyer: An attorney can request footage before it is overwritten.
Our Winston-Salem pedestrian accident lawyers can send preservation letters and obtain available footage to help establish who was responsible for the crash.
What Insurance Covers a Pedestrian Accident in North Carolina?
The at-fault driver’s liability insurance generally covers injuries caused by a pedestrian accident, but other policies may provide additional compensation. Your own auto insurance may help even though you were walking when the crash happened.
Under North Carolina law, your Uninsured/Underinsured Motorist (UM/UIM) coverage may help pay for your injuries if the driver’s insurance is missing or insufficient. Coverage under a policy held by a relative living in your household may also apply.
Depending on your circumstances, compensation may come from:
- Liability coverage: The at-fault driver’s insurance, with North Carolina minimum limits of $50,000 per person and $100,000 per accident.
- Uninsured Motorist coverage: Your policy if the driver has no insurance or can’t be identified.
- Underinsured Motorist coverage: Additional coverage if the driver’s insurance is insufficient.
- Household policies: Coverage through a spouse or relative living with you.
- MedPay: Benefits under your auto policy if you carry this coverage.
Our attorneys review the available policies and determine which insurers may be responsible for paying your claim.
Hit-and-Run Pedestrian Crashes
North Carolina requires a driver involved in a crash that causes injury to stop, stay at the scene, and give identifying information under G.S. 20-166. When a driver flees, uninsured motorist coverage can apply to hit-and-run vehicles. The statute sets reporting steps for unidentified drivers, including notice to police within 24 hours or as soon as practicable.
Drunk and Impaired Drivers
A pedestrian accident involving a drunk or impaired driver can raise additional liability questions and potentially support a claim for punitive damages. Our attorneys investigate the driver’s conduct and evaluate the legal options available to pedestrians struck by impaired drivers.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post-traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
Why Trust Lewis & Keller Injury Lawyers After a Pedestrian Crash
Lewis & Keller Injury Lawyers helps injured pedestrians in Winston-Salem build claims based on the driver’s actions and the evidence available. We understand how North Carolina’s strict fault rules affect pedestrian cases, especially when insurers question where or how you crossed the road.
We take responsibility for the legal work so you don’t have to manage the insurance dispute yourself:
- Investigate fault: Examine the driver’s actions and applicable traffic laws.
- Preserve evidence: Request footage, witness statements, and crash records.
- Document your losses: Gather medical records and evidence of lost income.
- Handle negotiations: Deal with insurers and challenge unfair settlement offers.
- Keep you informed: Explain developments and answer your questions.
Your first case review is free, and we handle pedestrian injury cases on a contingency fee basis. Results depend on the facts of each case, and we’ll give you an honest assessment of yours.
Contact us online for a free case review with our Winston-Salem pedestrian accident team.
Our Winston-Salem Pedestrian Accident Attorneys
FAQs: Winston-Salem Pedestrian Accident Lawyer
Do I need a police report to file a pedestrian accident claim?
A police report is not legally required to file an injury claim, but it is one of the most useful documents in a pedestrian case. The report records the driver’s identity, insurance, witness names, and the officer’s observations. If the police didn’t come to the scene, report the crash to the Winston-Salem Police Department as soon as you can.
Can I get compensation if I was hit by a car in a parking lot?
You can pursue compensation if a driver’s negligence caused your injuries in a parking lot. Drivers must watch for pedestrians and use reasonable care, even on private property. Our attorneys can investigate the accident, obtain available security footage, and pursue a claim against the driver’s insurance.
How long does a pedestrian accident case take to settle?
There is no set timeline. Most claims cannot be valued until your treatment reaches a point where your doctors can estimate future care, and cases with disputed fault or limited insurance take longer. A lawsuit adds the time needed for discovery and court scheduling in Forsyth County.
Should I accept the insurance company’s first settlement offer?
Be cautious with any early offer. A settlement usually ends the claim permanently, and early offers are often made before the full cost of treatment and lost work is known. Have a Winston-Salem pedestrian accident lawyer compare the offer with your medical records and the available coverage before you sign a release.
How much does it cost to hire a Winston-Salem pedestrian accident lawyer?
Lewis & Keller Injury Lawyers offers free consultations and handles pedestrian accident cases on a contingency fee basis. You don’t pay attorney fees upfront, and we only collect those fees if we recover compensation for you. We’ll explain our fees and how case expenses are handled before you hire us.
Get Answers About Your Winston-Salem Pedestrian Injury Claim
If you have questions about fault, medical bills, or insurance coverage after a pedestrian accident, Lewis & Keller Injury Lawyers can review your case, explain your options, and help you decide what to do next.
Your first case review is free. Reach our Winston-Salem team through our online form to discuss your pedestrian accident and learn how we can help.
