Personal injuries suffered by pedestrians struck by moving automobiles are often catastrophic in nature. Unfortunately, it can be more difficult to prove the liability of a car driver for a personal injury caused to someone walking across the street than it is in accidents involving two automobiles. However, with the help of a knowledgeable personal injury attorney at Maginnis Howard, you may be able to defeat North Carolina’s harsh contributory negligence rule.
In many cases, such as when a pedestrian is struck by a car while legally walking inside a crosswalk, the liability of the automobile driver will be clear. In other cases, though, the walker sustains personal injury while illegally crossing a roadway. If this is the case, the car driver’s insurance company may claim contributory negligence. Under North Carolina’s contributory negligence rule, even if a Plaintiff is only 1% at fault and the Defendant 99% at fault, the Plaintiff is not entitled to recover.
The personal injury lawyers of Maginnis Law, PLLC are familiar with some of the exceptions to the harsh contributory negligence rule, including the last clear chance rule. This rule is frequently used in pedestrian injury cases to trump their contributory negligence and allow recovery from the automobile driver. If you have been injured while walking across the street, even illegally, and have been told by the insurance company that you were contributory negligent and not entitled to compensation, consider calling the attorneys of Maginnis Law, PLLC to determine if the last clear chance rule applies to your case.
While pedestrian cases can be difficult to prove, this makes it all the more important to contact a skilled personal injury lawyer. Maginnis Howard, PLLC accepts pedestrian injuries on a contingency basis so that you pay no attorneys’ fees unless you recover. Maginnis Howard, PLLC accepts pedestrian personal injury cases from Raleigh, Durham, Chapel Hill, Apex, Morrisville, Clayton, Wake Forest, and Cary.
Maginnis Law, PLLC accepts car accident and pedestrian personal injury cases from Wake, Durham, Alamance, and Orange Counties. You may contact the firm at 919.480.8526, or submit a new case inquiry by visiting our contact page.