Steps to Take After a Pedestrian Accident in North Carolina: A Comprehensive Guide

Pedestrian accidents can be a traumatic and life-altering experience. In North Carolina, like many other places, pedestrian accidents can result in severe injuries, long-term disabilities, and even death. The aftermath of such an incident can be overwhelming, and knowing the right steps to take is crucial for ensuring your safety, protecting your rights, and securing the compensation you may be entitled to. This guide will walk you through the necessary steps to take after a pedestrian accident in North Carolina, providing you with essential information to navigate this challenging time.

Ensuring Immediate Safety and Medical Attention

The first and foremost priority after a pedestrian accident is ensuring immediate safety. If you have been hit by a vehicle, try to move to a safe location, away from traffic, if you can do so without worsening any injuries. It is essential to remain calm and avoid moving unnecessarily, especially if you suspect any injuries. Call 911 immediately to report the accident and request medical assistance. Even if you believe your injuries are minor, it is crucial to get a medical evaluation as some injuries may not be immediately apparent. The shock and adrenaline rush following an accident can mask symptoms, and a thorough medical examination can reveal injuries that might not be noticeable at first.

Collecting Evidence at the Scene

Once you have ensured your safety and received medical attention, it is vital to gather evidence from the accident scene. This evidence can be crucial in establishing liability and supporting your claim for compensation. If you are physically able, take photographs of the scene, including the vehicle involved, any visible injuries, skid marks, traffic signals, and road conditions. Try to capture the position of the vehicle and the exact location of the accident. Collecting the driver’s contact information, vehicle registration number, and insurance details is also essential. Additionally, if there are any witnesses, request their contact information, as their statements may be valuable later in the process.

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Reporting the Accident

In North Carolina, it is mandatory to report any motor vehicle accident involving injuries or significant property damage to law enforcement. When the police arrive at the scene, they will create an accident report, which will include details of the incident, witness statements, and any citations issued. Ensure that you obtain a copy of this report, as it will be an important document for your insurance claim and any potential legal proceedings. If you are unable to report the accident at the scene due to injuries, you should do so as soon as possible afterward.

Seeking Medical Treatment and Keeping Records

Even if you receive initial medical attention at the scene, it is crucial to follow up with a healthcare professional for a comprehensive evaluation. Some injuries, such as internal bleeding or concussions, may not present immediate symptoms but can have serious long-term effects. Keep detailed records of all medical treatments, including doctor’s visits, prescriptions, therapies, and any recommendations for future care. This documentation is vital for demonstrating the extent of your injuries and the associated medical expenses. It is also important to follow your doctor’s instructions closely to ensure a smooth recovery and to avoid any complications that could affect your claim.

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I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and Phillips and McCrea, PLLC for anyone looking for excellent attorneys.”

- Frantz Jacques

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Phillips and McCrea do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book."

- Osmund Marcellin

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I was recently injured in a car accident. I hired Attorney Marcel McCrea of Phillips and McCrea, PLLC in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering.
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"

- S. Jackson

Notifying Your Insurance Company

After a pedestrian accident, it is important to notify your insurance company as soon as possible. Provide them with the basic details of the incident, but refrain from giving any detailed statements or accepting a settlement offer without consulting with a legal professional. Insurance companies may attempt to minimize their payout, and accepting an early settlement could prevent you from receiving the full compensation you deserve. It is advisable to consult with an attorney before engaging in detailed discussions with the insurance company to protect your interests.

Understanding Your Legal Rights and Options

Pedestrian accident victims in North Carolina may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Understanding your legal rights and options is crucial for making informed decisions about your case. North Carolina follows a contributory negligence rule, meaning that if you are found to be even partially at fault for the accident, you may be barred from recovering damages. It is essential to have a clear understanding of how this rule might apply to your case and to gather evidence that supports your claim.

Consulting with a Personal Injury Attorney

Navigating the aftermath of a pedestrian accident can be complex, and having an attorney by your side can make a significant difference. A personal injury attorney can provide valuable guidance, handle communications with insurance companies, and help you build a strong case. They can also assist in negotiating a fair settlement or represent you in court if necessary. Consulting with an attorney as soon as possible after the accident can help protect your rights and increase your chances of receiving the compensation you deserve.

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Documenting Your Recovery and Financial Losses

Throughout your recovery, it is important to keep detailed records of all medical treatments, rehabilitation efforts, and any changes in your physical or emotional condition. Document any time off work and the impact on your ability to perform your job or daily activities. This information will be crucial in calculating the full extent of your damages, including lost wages and diminished earning capacity. Additionally, keep receipts for any out-of-pocket expenses related to the accident, such as transportation costs for medical appointments or modifications to your home or vehicle.

Preparing for Legal Proceedings

If a fair settlement cannot be reached through negotiations, you may need to pursue legal action to seek the compensation you deserve. Your attorney will guide you through the legal process, which may include filing a lawsuit, gathering evidence, and presenting your case in court. It is important to be prepared for the possibility of a lengthy legal process and to follow your attorney’s advice closely. Staying organized and maintaining clear communication with your legal team will be essential for a successful outcome.

Taking Care of Your Mental and Emotional Well-being

Pedestrian accidents can have a significant impact on your mental and emotional well-being. It is normal to experience a range of emotions, including fear, anxiety, and anger, following such a traumatic event. Seeking support from friends, family, or a mental health professional can be beneficial during your recovery process. Taking care of your mental health is just as important as addressing your physical injuries, and it can help you cope with the challenges you may face in the aftermath of the accident.

Contact Phillips & McCrea Today

At Phillips & McCrea, PLLC, we understand the challenges that come with recovering from a pedestrian accident. Our dedicated team of personal injury attorneys is here to provide you with the support and guidance you need during this difficult time. We will work tirelessly to investigate your case, gather evidence, and negotiate with insurance companies on your behalf. Our goal is to ensure that you receive the compensation you deserve for your medical expenses, lost wages, and pain and suffering. 

If you or a loved one has been involved in a pedestrian accident in North Carolina, do not hesitate to contact us for a consultation. Let us help you navigate the legal process and focus on your recovery while we handle the rest. Your well-being is our priority, and we are committed to achieving the best possible outcome for your case.