Charlotte Pedestrian Accident Lawyer

When a Driver Hits You in Charlotte, the Details of the Crash Can Decide Everything

Pedestrians are extremely vulnerable in a collision with a motor vehicle. From parking lots to busy roadways, pedestrians have little protection if they’re struck by a car. Injuries can be severe no matter if the crash occurs in a marked crosswalk or away from the street. A Charlotte pedestrian accident lawyer can assist injured victims in understanding liability rules in North Carolina and seeking financial recovery from a careless driver.

At Butler, Quinn & Hochman, PLLC, we represent pedestrians who have been injured across Charlotte. We’ve helped individuals near Uptown Charlotte, South End, and elsewhere in Mecklenburg County.

Representing Pedestrians Injured in Charlotte Accidents

At Butler, Quinn & Hochman, PLLC, our personal injury lawyers have served people and families across Charlotte and Spartanburg for over ten years. With decades of collective experience, we understand how serious injuries can impact your life by preventing you from working, requiring medical care, and leading to significant financial stress.

Our attorneys provide personalized legal services by investigating every accident and seeking financial recovery based on your injuries and proven damages.

Common Causes of Pedestrian Accidents

Charlotte has many locations where pedestrians and vehicles share the same roads. In busy areas with heavy traffic like South Boulevard, Independence Boulevard (U. S. 74), and North Tryon Street, drivers frequently encounter pedestrians crossing intersections or walking to nearby restaurants and shops.

While pedestrian accidents often involve negligent drivers, there are numerous reasons why a collision occurs, including dangerous road conditions or pedestrian error. Some of the common causes of pedestrian accidents include:

• Distracted driving. If a driver is looking down at their phone or GPS, they may not see a pedestrian walk into the intersection.
• Failure to yield. Drivers may enter an intersection without yielding to pedestrians in the roadway.
• Speeding. The faster a car is moving, the less likely a driver is going to be able to avoid hitting a pedestrian if they suddenly walk into the street.
• Driving under the influence. Impaired drivers may not recognize potential hazards on the road.
• Turning vehicles. Vehicles making left or right turns may fail to see pedestrians while focusing on oncoming traffic.
• Poor visibility. Accidents can occur at night or when weather conditions limit a driver’s ability to see.

Assessing fault for the accident involves examining the traffic lights, the pedestrian’s presence within a crosswalk, and the sequence of events culminating in the collision.

North Carolina Pedestrian Right-of-Way Laws

Drivers and pedestrians should understand when each party has the right-of-way. North Carolina has pedestrian accident laws that explain when motorists must yield to pedestrians and when pedestrians should avoid walking into the street.

N.C. Gen. Stat.  § 20-173 requires drivers to yield to pedestrians crossing in marked crosswalks or at intersections when the traffic-control signals are not operating or are not present. Pedestrians should still exercise care when crossing the street and may only walk across a highway within a marked or unmarked crosswalk.

As stated in N.C. Gen. Stat.  § 20-174, pedestrians must yield the right-of-way to vehicles when outside of a marked or unmarked crosswalk. It’s important to note that these laws do not relieve a driver from exercising reasonable care. If a pedestrian is partially at fault for an accident, a driver may still be liable for failing to follow traffic laws or driving negligently.

Common Injuries Resulting From Pedestrian Accidents

Pedestrian safety is always a concern across Charlotte and North Carolina. According to statewide crash data, pedestrians are at a higher risk for serious injury or death than occupants inside of a vehicle. The North Carolina Department of Transportation’s 2024 Crash Facts report reported 281 pedestrian deaths across the state in 2024. In Mecklenburg County, there were 454 total pedestrian accidents, with 40 being fatal and 407 resulting in injuries.

Pedestrians can suffer serious injuries even if the vehicle is moving at slow speeds. Many accidents force individuals into the road where they can suffer secondary injuries from the pavement or colliding with the vehicle. 

• Brain injuries. Brain injuries may occur when a pedestrian is struck in the head by the vehicle or another object. These types of injuries can cause memory loss, confusion, and other long-term effects.
• Spinal cord injuries. Victims may suffer injuries to the spinal cord that result in chronic pain, lack of mobility, or even paralysis.
• Broken bones. Broken bones in the pelvis, legs, and arms are also common because many cars hit pedestrians in the lower-body region.
• Internal injuries. Pedestrians can suffer internal bleeding or organ damage that may not be visible. It’s incredibly important to seek medical care following an accident, no matter how minor you think it is.

Some injuries require surgery, inpatient care, or physical therapy. Medical records can help illustrate the nature of your injuries and prove they were caused by the accident.

Liability in a Pedestrian Accident

Drivers must operate their vehicles without negligently putting others at risk. If a driver causes an accident due to speeding, distracted driving, or failure to yield the right-of-way, they could be held liable for the collision. In some cases, a driver may not be solely responsible.

Employers can be held liable if an employee causes a pedestrian accident while on the job. Property owners can also be held liable under certain circumstances when inadequate maintenance causes an accident. Whether a defendant owes a legal duty to a pedestrian depends on the specific facts of each case.

If your accident involved a defective roadway condition or government entity, you should speak with a Charlotte pedestrian accident attorney. Governmental immunity and unique notice requirements could apply. Determining liability relies on evidence available after the accident. This can include police reports, surveillance video, and eyewitness accounts, among other things.

Contributory Negligence and Pedestrian Accidents in North Carolina

North Carolina follows the contributory negligence rule.  This means that if a pedestrian was partially negligent and contributed to the accident, they may be barred from recovering compensation.

For example, if a pedestrian walks against a traffic signal and that conduct contributed to the accident, they could be accused of contributory negligence. However, simply crossing the street outside of a marked crosswalk may not be enough to prove contributory negligence. All of the facts surrounding the accident need to be investigated.

Insurance companies may likely conduct their own investigation to determine if you were negligent in some way. They may argue you were on your phone, ran into the street without looking, or did not see the car approaching. Keep in mind that an insurance company simply alleging contributory negligence does not mean you were negligent as a matter of law. The evidence must support their claims.

Compensation for a Pedestrian Accident

Victims can pursue monetary compensation for economic losses and non-economic damages when another person or entity is legally liable. Economic damages include: 

• Emergency room visits
• Hospitalization
• Prescription medications
• Rehabilitation
• Future medical expenses you can reasonably anticipate needing
• Lost wages
• Diminished earning capacity
• Property damage

Non-economic damages include physical pain, emotional trauma, and loss of enjoyment of life. Punitive damages may be available if the defendant’s conduct was especially reckless. Every pedestrian accident case is different, so there’s no typical settlement amount. The severity of your injuries, proof of liability, and financial losses all impact your case’s value.

What To Do After Being Hit by a Car

The steps you take after a pedestrian accident impact your recovery and evidence. Pedestrians who suffer serious injuries should call for emergency medical services. Even if you don’t see obvious signs of harm, seeking medical attention after a crash is crucial because internal injuries and concussions can be hidden. Even if you think you can walk away, it’s a good idea to visit your doctor after an accident.

Contact the Charlotte-Mecklenburg Police Department if possible and exchange contact information with the driver. Take photos of the intersection, vehicle damage, any injuries you suffered, and traffic lights. If there are any witnesses to the accident, obtain their contact information as well. Sometimes witnesses provide statements that differ from what the drivers say.

Keep documentation of your medical treatment, bills, and missed time off work. Be careful not to make statements about who was at fault until you’ve consulted with an attorney.

When to Hire a Pedestrian Accident Lawyer

When you hire a pedestrian accident lawyer, they can help reconstruct the accident by obtaining a copy of the police report, identifying witnesses, and preserving video surveillance before it is erased or overwritten.

Your lawyer can evaluate traffic regulations and evidence from the accident to see if the driver violated his duty of care. If liability is in question, your lawyer might also hire accident reconstruction professionals who can testify about vehicle speeds, lines of sight, and points of impact.

Your attorney can also meticulously calculate your quantifiable losses by gathering proof from your medical files, employment records, and projections for ongoing treatment. They can also negotiate with insurance companies on your behalf. Additionally, if a resolution cannot be reached, your attorney can advocate for you in court.

Contact a Charlotte Pedestrian Accident Attorney at Butler, Quinn & Hochman, PLLC

A pedestrian accident can leave you with expensive medical bills and unsure how you can recover financially. At Butler, Quinn & Hochman, PLLC, we’ve helped individuals in their pedestrian accident claim throughout Charlotte and Mecklenburg County obtain the compensation they deserve after careless drivers caused serious injuries. Contact us today to begin discussing your accident.

Our Charlotte Law Firm Office​

Address: 4801 E Independence Blvd #700, Charlotte, NC 28212

Phone: 704-569-9800

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