Do pedestrians have the right-of-way in North Carolina

Pedestrians in North Carolina have the right-of-way in certain situations, such as at intersections and driveways. While motorists have the right-of-way when pedestrians are outside marked intersections, they still have certain responsibilities to avoid causing accidents.

Does a Driver Have to Yield to a Pedestrian at a Marked Crosswalk?

North Carolina law states that motorists must yield to pedestrians in marked crosswalks. The only exception to this rule is at intersections when traffic officers or devices are regulating the flow of traffic.

However, pedestrians are also required to obey the instructions of any pedestrian-specific traffic controls. North Carolina law outlines that:

• At WALK signs – Pedestrians traveling in the direction facing the signal have the right-of-way to cross the street.
• At DON’T WALK signs – Pedestrians facing the signal cannot begin to cross the road. However, they may complete a crossing they already started or continue on to a safety island.

What Happens If the Crosswalk Is Unmarked?

North Carolina’s laws require that motorists defer to pedestrians at intersections even when crosswalks are not clearly marked. Drivers must yield the right-of-way by slowing or stopping as needed to allow pedestrians to cross at intersections when markings are not present. Other motorists cannot try to pass or overtake any vehicle that has stopped to allow a pedestrian to cross the roadway.

If signals are present, the pedestrian must cross within the marked crosswalk. They cannot cross the intersection outside of an established crossing.

What Happens If There Is No Crosswalk?

Under North Carolina law, a pedestrian crossing outside of a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles there.

However, the law also states that motorists must defer to pedestrians in certain situations away from crosswalks, such as when:

• There is a stop sign present.
• A traffic signal has a steady or flashing red light or a flashing yellow light.
• A pedestrian crosses a private road, business entrance, driveway, or alley.

Pedestrians are much more vulnerable to injury in a collision with a motor vehicle than the vehicle’s occupants. Motorists must make every reasonable effort to avoid hitting a pedestrian in the roadway, even in situations where the pedestrian should yield to them. North Carolina law also states that the motorist should warn the pedestrian by honking their horn. Motorists must take particular caution if they see a child or incapacitated pedestrian in the roadway.

Do Pedestrians Have the Right-of-Way When Crossing Highways?

Generally, pedestrians do not have the right-of-way when crossing highways outside of designated crosswalks. North Carolina law forbids pedestrians from disrupting the regular flow of traffic by standing, sitting, or lying on a street or highway. However, motorists must still do everything they can to avoid striking a pedestrian who crosses a highway in front of them – even though the motorist has the right-of-way.

Are Pedestrians Required to Use the Sidewalk?

Pedestrians must use the sidewalk when one is provided. It is against North Carolina law for a pedestrian to walk on or along a roadway adjacent to a sidewalk. If there is no sidewalk, they may walk on the road, against traffic, and as far to the left-hand side of the road as possible. They must also yield to approaching vehicles.

Can a Pedestrian Be At Fault in a Pedestrian Accident?

A pedestrian who violates the rules could be at fault for a traffic accident. However, it’s important to note that motorists still have a duty to take all reasonable steps to avoid hitting a pedestrian who is in the roadway unlawfully. An experienced North Carolina pedestrian accident lawyer can review your case and help determine who may be liable for your injuries and losses.

What Should I Do If I Have Been Injured in a Pedestrian Accident?

If you’ve been injured in a North Carolina pedestrian accident, it is essential to prioritize your well-being and your legal rights. Taking as many of the following steps as possible can improve your medical prognosis and lay the groundwork for a successful injury claim:

• Seek medical attention – Your health is critical. Even if you believe your injuries are minor, it’s crucial to get checked by a medical professional. Some injuries may not manifest immediately after the accident.
• Contact the police – Having an official record of the incident is essential. The police report can be crucial when you need to file a claim or if there’s a legal case later.
• Collect evidence – Take pictures of the accident scene, your injuries, and any damage to the vehicle. If there were witnesses, gather their contact information.
• Inform your insurance company – If you have an auto insurance policy, it’s a good idea to notify your provider about the accident. Failing to do so could jeopardize benefits you might otherwise be owed.
• Keep records – Document any medical visits, treatments, prescriptions, and expenses related to the accident. This will be invaluable when making a claim.
• Consult with an attorney – If the driver was to blame for the accident, they could owe you money for your injuries and their consequences. A lawyer is crucial, not just to establish who was at fault but to pursue your right to compensation. The sooner you speak to one, the more they can do on your behalf.

How Long Do I Have to File a Pedestrian Accident Injury Lawsuit in North Carolina?

North Carolina has a statute of limitations for personal injury suits, including those stemming from pedestrian accidents. This law gives you three years from the date of the crash to file your lawsuit. Since waiting too long could prevent you from securing justice, it’s important to get in touch with a lawyer as soon as possible.

Contact a Jacksonville, NC Pedestrian Accident Lawyer

Were you hit by a car in Jacksonville, NC? If so, the driver might owe you money for your medical bills, lost income, pain, and suffering, and more. The legal team with The Law Offices of John Drew Warlick, P.A. can help you demand it. Contact us today for a free consultation with a Jacksonville pedestrian accident lawyer, and we’ll tell you more about your options.

Visit Our Jacksonville Pedestrian Accident Law Offices