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Pedestrians Crossing the Road

The Department of Motor Vehicles reports that pedestrian fatalities in North Carolina have been on the rise for the past 10 years — up 54% since 2009 and up 13.4% from 2017 to 2018.

Since pedestrians are some of our most vulnerable road users, it’s important for drivers to always be on the lookout for pedestrians crossing the road. It is likewise important for pedestrians to be aware of the rules that keep them safe and their rights when injured by a negligent driver in North Carolina.

Keep reading to learn the right of way laws in six common pedestrian crossing situations and how these rules could affect your car accident personal injury claim.

6 Common Pedestrian Right of Way Situations, Explained

There are several laws that govern whether pedestrians or drivers have the right of way in various situations. In these next sections, we’ll break down each of these laws as described in a few different common pedestrian scenarios.

1. “Walk” Signals at Intersections

Some intersections have designated pedestrian walk signals giving pedestrians the right of way when the signal says “Walk.” All drivers must yield to the pedestrians when they have a “Walk” sign, even if the light is green for the driver.

For example, when a driver has a green light but is turning right through a crosswalk, the pedestrian and the driver both have “green lights” to go, but the driver must yield.

2. No “Walk” Signals at Intersections

Similar rules apply when an intersection does not have a designated pedestrian signal. The only difference is that the pedestrian must instead obey the streetlight signals for traffic heading in the same direction. If the pedestrian is walking north and the drivers headed north have a green light, then the pedestrians also have a green light.

3. Unmarked Crosswalks

If there is a sidewalk that ends at an intersection but continues on the other side, the area between the two is an implied crosswalk — even if there are no lines. Although unmarked, pedestrians still have right of way rights.

4. Mid-Block Crosswalks

Often seen in downtown areas, mid-block crosswalks occur at non-intersections and rarely have designated pedestrian walk signals. Right of way laws consider these crosswalks the same as intersection crosswalks, meaning drivers must yield for pedestrians standing at or crossing a designated crosswalk.

RELATED ARTICLE: North Carolina Is Among the Most Dangerous States for Pedestrians

5. Highways

Drivers have the right of way on a highway. Pedestrians should try to avoid having to cross highways as there is no designated crossing area. Vehicles traveling at highway speeds cannot safely stop for pedestrians. It is the pedestrian’s duty to pay attention when crossing a highway and only cross when it is safe to do so.

6. No Crosswalk

If there is not a crosswalk nearby, or if a pedestrian chooses to cross where there is not a crosswalk, the drivers have the right of way. Pedestrians must use their best judgment and only cross when safe. Pedestrians should not expect vehicles to stop in the middle of the road for them.

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North Carolina Negligence Laws: Why Right of Way Matters for an Injury Claim

North Carolina is one of only five states that follow the law of contributory negligence when determining a victim’s right to compensation.

What Is Contributory Negligence?

Contributory negligence is the harshest of our country’s negligence laws. In states that follow contributory negligence, if a jury finds that an injured victim is partially to blame for the accident, they will be unable to recover compensation for their injuries — even if the driver was mostly at fault for the car crash.

What Pedestrian Crossing Actions Could Count as Contributory negligence?

    • Choosing to cross without a crosswalk rather than at a nearby crosswalk
    • Expecting vehicles on a highway to yield
    • Crossing when a pedestrian signal shows “Don’t Walk”
    • Darting into the road at a crosswalk as the signal changes to “Don’t Walk”
    • Crossing roads with earbuds in or while looking at a phone

RELATED ARTICLE: Why Contributory Negligence Matters for Your Personal Injury Case

What Does Contributory Negligence Mean for My Claim?

In North Carolina and other states with contributory negligence laws, the insurance company lawyer will be focused on proving that you did something that contributed to your crash. As we mentioned above, this could easily be related to pedestrian right of way laws. Following all pedestrian right of way laws is crucial to your personal safety and ensuring your ability to receive compensation if a negligent driver injures you.

If you believe the insurance company may have grounds to claim contributory negligence, it is essential that you speak with a qualified North Carolina pedestrian accident attorney as soon as possible.

Myers Law Firm: Standing Up for Victims of Pedestrian Crashes in North Carolina

At Myers Law Firm, our attorneys work to get victims of North Carolina pedestrian crashes the compensation they deserve. We understand the harsh rulings under contributory negligence and fight to ensure that our clients are not wrongly denied their rightful compensation.

If you’ve been the victim of a pedestrian crash in North Carolina, please contact our attorneys today for your free consultation to discuss your rights and options. Please call 888-376-2889 or complete this brief online form to get started today.

References

Stradling, Richard. (2019, August 27). Pedestrian deaths keep rising in North Carolina — with no easy explanation. The News & Observer. Retrieved from https://www.newsobserver.com/news/traffic/ article234368767.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Most Common Mental Health Issues That Are Caused By Car Crashes

After a serious car crash, most people focus on coping with financial setbacks and healing from physical injuries — but physical injuries aren’t the only type of damage victims deal with after an accident. Many car crash survivors experience serious, and sometimes long-lasting, mental health issues. While some emotional distress fades away over time, other psychological effects could be lengthy and have a substantial negative impact on your relationships, work, productivity, and general mental wellbeing.

If you’ve been in a serious car crash and are experiencing emotional distress, don’t try to cope on your own. You need to treat mental health issues just like any physical injuries you sustain in a wreck. Always speak to a doctor or psychiatrist. They might suggest coping methods or recommend psychotherapy or medication.

Keep reading to learn about the three most common mental health issues that are caused by car crashes and how filing a personal injury claim can help cover damages for your pain and suffering.

RELATED ARTICLE: 3 Reasons You Should Get Medical Treatment After a Car Accident

https://youtu.be/Os-FurMaBZA

1. Acute and Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is the most common mental health issue experienced by car crash survivors. According to the American Psychological Association, motor vehicle accidents are the number one cause of PTSD in the general (non-military) populace. Acute Stress Disorder (ASD) has many of the same symptoms as PTSD but lasts less than four weeks.

Symptoms of Post-Traumatic Stress Disorder

PTSD presents differently for everyone and might not fully manifest until weeks after the crash, making it difficult to diagnose. You may be experiencing PTSD if you:

    • Have recurring thoughts and flashbacks of the accident
    • Experience emotional numbness and difficulty connecting
    • Avoid people, places, or activities that remind you of the crash
    • Are constantly alert, hyper-vigilant, or paranoid

Seek Help: Untreated PTSD Has Serious Side-Effects

Post-traumatic stress disorder can have a significant impact on your life if you try to cope with it on your own. Letting PTSD go untreated can lead to:

    • Anger management issues
    • Loneliness and depression
    • Suicidal thoughts

Never assume a mental health issue will go away on its own. While some conditions such as ASD have shorter durations, they can still negatively impact your life.

2. Persistent Anxiety

Many people experience minimal or mild anxiety for months after a serious crash, but the National Institutes of Health (NIH) states that moderate and severe levels of anxiety can also be present for weeks or even months after an accident. Females are particularly susceptible to persistent anxiety following a car crash, with around 70% experiencing high levels of anxiety in the first month and almost 15% still experiencing moderate levels of anxiety 6-8 months later.

Anxiety Can Cause Other Health Issues

As anyone with a generalized anxiety disorder can attest, anxiety can have a significant impact on your daily life. People suffering from anxiety caused by specific experiences like a car crash may face additional side effects, such as:

    • Phobias: The NIH states that nearly 40% of crash survivors experience persistent phobias related to driving and being in a vehicle. Others also fear people or places related to their crash and experience dystychiphobia, the fear of being in a car accident.
    • Panic Attacks: Car crash survivors might have panic attacks triggered by sights, sounds, or even smells that remind them of the crash.
    • Sleep Disorders: Victims experiencing high levels of anxiety are also likely to have issues sleeping and with higher-than-normal fatigue. Sleep disorders can result from hyper-vigilance and an inability to relax or frequent nightmares and flashbacks.
    • Physical Symptoms: Headaches, dizziness, chest pain, nausea, and muscle tension are all physical symptoms that can be caused by prolonged or frequent anxiety. Anxiety can also worsen conditions like asthma, high blood pressure, and heart disease and weaken your immune system.

Coping With Anxiety After a Car Crash

Unfortunately, many people do not take anxiety seriously and might not even notice that their anxiety is slowly affecting various aspects of their life. Anxiety is not “just stress,” and seeking help for your anxiety does not mean you “aren’t strong enough” to cope with stress on your own. Luckily, these misconceptions are slowly becoming less prevalent today as more and more people recognize anxiety as a viable mental health issue and seek treatment.

Nearly 20% of U.S. adults have been diagnosed with anxiety, making it the most common mental health issue in the country. If you are experiencing prolonged anxiety or any anxiety attacks after a car crash, please don’t hesitate to reach out to your doctor or another medical professional for help. You can also learn more about anxiety and other related conditions here.

3. Major Depressive Disorder

Depression, clinically referred to as major depressive disorder (MDD), is another mental health issue common in both crash victims and the general populace. For crash victims, depression is often tied to the physical injuries and pain sustained from the crash.

Warning Signs of Major Depressive Disorder

Depression is a serious issue. If you are experiencing a combination of these symptoms after being in a car crash, you should speak to a psychologist as soon as possible.

    • Daily fatigue and lack of energy
    • Feelings of guilt or worthlessness
    • Lack of enjoyment or interest in activities
    • Recurring suicidal thoughts
    • Decreased concentration
    • An inability to sleep or difficulty waking up
    • Irrational irritability or anger
    • Significant weight loss or gain

Why Is Depression Common After a Car Crash?

Some physical injuries limit victims’ ability to work, exercise, and enjoy day-to-day activities like playing with their children. If you’re suddenly unable to partake in activities that you used to enjoy because of pain or a debilitating injury, it’s no surprise you may become depressed.

Likewise, the stress and worry that victims experience regarding the financial effects of their car crash can also trigger depression. Additionally, many victims who experience anxiety or PTSD also experience depression, and some medications that treat anxiety can also be used to treat depression. If you suspect you might be struggling with depression, please speak to a healthcare professional today to receive the treatment you need.

Mental Health Issues as Damages in Your Injury Claim

Worried about the cost of psychotherapy or mental health medications after a car crash? If you’re filing a personal injury claim for your crash, your attorney can include the cost of medication and psychological therapy as part of the damages owed to you by the negligent party.

Here’s how it works.

Bills and Other Economic Damages

Just like medical expenses you acquire due to physical injuries, seeing a doctor or psychologist for a psychological check-up is an expense that was directly caused by your crash and can be included in your claim. Likewise, medication prescribed by a physician for a mental health issue is also a tangible medical expense.

Pain and Suffering Are Non-Economic Damages

Like pain and suffering, mental health issues are considered non-economic damages in your claim. Putting a value on your physical pain and psychological suffering is a complicated process, but an experienced personal injury attorney can help get you the compensation you deserve.

RELATED ARTICLE: Compensation Explained: What Can I Receive From My Injury Case?

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Myers Law Firm Helps Car Crash Victims Struggling With Mental Health Issues

At Myers Law Firm, we understand that car accident victims often suffer temporary or long-lasting psychological effects in addition to their physical injuries. We are dedicated to making the personal injury claim process as simple and streamlined as possible so that you can focus on taking care of yourself and your family without additional stress.

If you or a loved one has been in a serious car crash that resulted in mental health issues or physical injuries, please contact Myers Law Firm today to receive your free consultation. Call us at 888-376-2889 or complete this brief online form to get started.

References

American Psychological Association. (2003, December 7). Motor vehicle accidents are leading cause of post-traumatic stress disorder [press release]. Retrieved from https://www.apa.org/news/ press/releases/2003/12/accidents-ptsd

Anxiety and depression – Facts and statistics. (2016). Anxiety and Depression Association of America. Retrieved from https://adaa.org/about-adaa/press-room/facts-statistics


Fitzharris, M., Fildes, B., & Charlton, J. (2006). Anxiety, acute- and post-traumatic stress symptoms following involvement in traffic crashes. Annu Proc Assoc Adv Automot Med. 50, 297–315. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217473/


Sutherland, J., Middleton, J., Ornstein, T.J., Lawson, K., & Vickers, K. (2016, August). Assessing accident phobia in mild traumatic brain injury: The accident fear questionnaire. Rehabil Psychol 61(3), 317-327. doi: 10.1037/rep0000090. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/27362874

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Schedule Your Consultation Now!

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No Ticket From Car Accident

Tickets and police reports can be useful evidence for supporting a personal injury claim and proving the other driver was at fault for your car crash. But what if a ticket wasn’t issued? Does this mean you can’t file? The short answer is no. A lack of a ticket does not mean a lack of fault.

If you were in a car crash and neither you nor the other drivers received a ticket, you can still file a personal injury claim if the other driver caused the crash. While proving fault does not require that a ticket be issued, working with a skilled and experienced personal injury attorney can increase your chances of recovering compensation for your injuries.

Keep reading to learn more about why the police might not have issued a ticket, how this will affect your personal injury claim, and how to prove fault.

Why Wasn’t a Ticket Issued for My Car Crash?

There are two main reasons why the police might not have written a ticket despite a crash occurring.

  • 1. No Laws Were Broken

How can there be a crash if no one broke the law? If neither driver was speeding, following too closely, or otherwise making illegal or poor driving maneuvers, it’s possible that a crash occurred without breaking any traffic laws.

  • 2. The Police Couldn’t Determine Fault

If the police did not witness the crash and the cause is not obvious, they may not be able to determine what exactly happened without further investigation. Unless there is a death or serious injury, the police will not conduct an in-depth investigation. In this case, they wouldn’t write a ticket, and the police report might not have any information that’s useful for proving your claim.

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The Importance of Proving Fault for a Personal Injury Claim in North Carolina

While a ticket being issued by the police may be very helpful for your claim, the ticket alone may not prove the other driver was at fault.

  • State Auto Insurance Requirements

North Carolina requires drivers to have liability coverage, but this only covers damages to the other person if you are the cause of the crash. Your injuries are not covered. In North Carolina, the only auto insurance policy that includes coverage for your own injuries is a Med Pay policy. However, many North Carolinians don’t have Med Pay, because they are not required to by law.

If you were in a crash in North Carolina and only have liability insurance, proving that the other driver was responsible for the crash is the only way to recover compensation for your injuries.

  • North Carolina’s Contributory Negligence Law

North Carolina follows a pure contributory negligence law for car crashes. Under this law, if you are found to be even partly at fault for the crash, you are completely barred from recovering any compensation for your damages. Proving fault is especially important in this case.

Not only do you need to prove the other driver was at fault, you also need to prove that you were not at fault. An experienced personal injury attorney can help you fight insurance companies and opposing attorneys if they are trying to pin part of the blame on you.

RELATED ARTICLE: Here’s How the Insurance Company Will Fight Your Personal Injury Claim

How Do I Prove Fault Without a Ticket?

Although tickets can be strong pieces of evidence, they are only one of the factors considered when determining liability for a crash. So, if no one received a ticket, you and your attorney will have to focus on other elements and evidence instead.

Accident attorneys have experience demonstrating negligence through a variety of methods, including:

  • Assembling reports, video footage, or physical evidence from the crash scene
  • Taking witness testimonies
  • Performing accident reconstruction to recreate the crash
  • Other investigative techniques

Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina

At Myers Law Firm, our knowledgeable car accident attorneys have experience countering North Carolina’s harsh contributory negligence law and helping clients fight insurance companies to receive the compensation they deserve. If you or a loved one have been in a car crash in which no ticket was issued and need help proving fault to recover damages, please don’t hesitate to contact us today.

Call us at 704-376-3000 or complete this brief online form to speak with an experienced personal injury accident attorney today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Schedule Your Consultation Now!

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