Our Dedicated Pedestrian Accident Lawyer Fights for You to Win

Winning Your Pedestrian Accident Claim Starts with Working With an Experienced Lawyer

Being struck by a vehicle while walking is a frightening, jarring experience, and the results can be catastrophic. You will likely require significant medical attention if a car hits you, and the severity of your injuries can affect your life in many ways. Your ability to work, care for your family, and enjoy daily life could all be compromised.

You may be entitled to compensation from the party responsible for the accident, and our experienced pedestrian accident lawyer at Lakota Denton can help you to maneuver the complicated landscape of personal injury claims. Call us today at 828-333-5996 for your free consultation.

Why Choose Attorney Lakota R. Denton P.A. to Represent You?

pedestrian crossing in Asheville

No one plans for an accident, but when you find yourself in one, you must do all you can to preserve your rights and get the compensation you deserve. This is what attorney Lakota R. Denton P.A. and the legal team at Lakota Denton are here for. We understand how devastating a pedestrian accident can be and the concerns that come with it.

You can focus on your recovery while we work hard to get maximum compensation. With our pedestrian accident lawyer, you can put your worries to rest.

We will not leave you feeling helpless but will fight for you and be with you at every step until you get a favorable outcome. Our clients trust us for our dedication and honesty; we see them as people who need our help, not just another case. Also, we work on a contingency fee basis, meaning you don’t have to pay us upfront.

We get paid when we conclude your case and get compensation. Your first consultation with us is free, and our Asheville pedestrian accident attorney will patiently listen to your case and provide legal guidance on the steps to take. So, don’t let the fear of legal fees keep you from getting justice.

Contact us now at 828-333-5996 to start working on your case.

What Should You Do After a Pedestrian Accident Occurs?

Stay Calm, Get Help, and Contact Our Asheville Pedestrian Accident Lawyer

The moments immediately following a pedestrian accident will be chaotic, stressful, and frightening. Being struck by a vehicle requires immediate attention for severe or minor injuries. Additionally, the immediate aftermath of an accident will prove crucial to your pedestrian accident case.

Following the correct procedures after an accident gives your case the best chance at success. So, after an accident, do the following:

Stay Calm

After an accident occurs, you’ll likely be panicked, agitated, and in pain. Do your best to stay calm. Avoid yelling at or blaming the driver who hit you, as anything you say could weaken your case. If your injuries are minor, even saying that you feel fine could affect your case. Insurance companies will use anything you say or do to minimize your claim.

Call the Police

Calling 911 will automatically alert police officers of an accident. The police will make a report of your accident case, which is crucial evidence for your accident injury claim. You should give as clear a statement as you can to responding officers.

Get Medical Attention

Even if your injuries appear to be minor, you should obtain a medical examination so that any underlying or less apparent injuries can be detected. A medical examination and injuries record is also crucial to supporting your accident case. If you forgo a medical examination, an insurance company could argue that you weren’t hurt and deserve no compensation.

Obtain Driver Information

Both you and the driver who hit you should remain at the scene. Ask for the driver’s name, contact, license, and insurance information. If a driver leaves the scene without relaying this information, filing a case against him will be difficult.

Having a skilled Asheville pedestrian accident lawyer like Lakota Denton on your side can be the difference between a minimal or no settlement and receiving total compensation.

Gather Evidence

If you can gather evidence, take photos of the accident scene, including any intersections, traffic lights, and sidewalks, or ask a bystander to do so. Photograph the driver’s license plate and your injuries, as well. Obtain contact information from anyone who witnessed the accident.

Contact a Pedestrian Injury Lawyer

Contacting our pedestrian accident lawyers in Asheville as soon as possible is good for your case. Our attorneys will ensure that your rights are upheld and that insurance companies do not take advantage of your situation.

How Do Asheville, NC, Pedestrian Accident Lawyers Prove Fault?

Proving fault involves establishing the four elements of Negligence. To this end, we will prove that the defendant:

  • Owed You a Duty of Care: The duty of care places an obligation on a driver to operate their vehicle carefully, especially close to crosswalks. It also connotes that drivers yield to pedestrians and obey stop signs.
  • Breached the Duty of Care: The defendant breaches the duty of care when acting contrary to what they are supposed to do. For example, running a red light and going through a crosswalk.
  • Caused the Accident: The defendant’s action must have resulted in the accident, ultimately leading to your injuries and suffering.
  • Owes You Damages: Damages refer to what you lost because of the accident, for which you deserve monetary compensation.

We will use evidence from our investigation to establish the four elements of negligence.

Can a Pedestrian Be at Fault for an Accident?

In North Carolina, even if pedestrians have suffered severe injuries in an accident, they can still be at fault and barred from compensation. If the pedestrian was negligent, even a tiny degree of contributory negligence can prevent them from getting a settlement.

A pedestrian could be held at fault for an accident if he was negligent in using caution while walking. Pedestrians must obey laws by using crosswalks and obeying traffic signals. A careless pedestrian could have been:

  • Jaywalking
  • Crossing against traffic signals
  • Walking on a highway, bridge, or other road that does not permit pedestrians
  • Crossing an intersection diagonally
  • Declining to look both ways for oncoming traffic
  • Standing or walking toward the middle of the road.

North Carolina has strict pedestrian accident laws that can quickly shift blame to the pedestrian. So, it’s essential to speak with a pedestrian injury lawyer immediately. Our skilled pedestrian accident lawyers in Asheville can help ensure that negligent drivers — and not pedestrians — are held accountable.

What Compensation Can a Pedestrian Injury Lawyer Obtain for Accident Victims?

Some pedestrian accident victims suffer injuries that prevent them from carrying out everyday routines at home or work. Serious injuries such as broken bones, organ damage, and brain injury can occur. Resulting disabilities may permanently affect your ability to work and provide for yourself and your loved ones. Even if your disability is temporary, you and your family may face medical debt for years.

Working with our Asheville pedestrian injury attorney may make compensation available for you after a pedestrian accident. You can receive compensation for the following:

  • Medical expenses (past, current, and future)
  • Lost income
  • Lost future wages/loss of earning capacity
  • Pain and suffering
  • Emotional distress/mental anguish
  • Property damage
  • Loss of consortium
  • Loss of enjoyment of life, etc.

It’s impossible to initially know how much if any, compensation you might be awarded for your injuries. A consultation with our Asheville pedestrian injury attorney can help determine how much compensation you might recover. Call 828-333-5996 to talk to our team about your case.

Asheville Pedestrian Accident Lawyer FAQs

In our years representing victims of pedestrian accidents, we have gotten different questions about possible compensation and the claims process. Some of the frequently asked questions by our clients include the following:

How Much Is My Pedestrian Accident Case Worth?

Knowing the worth of your pedestrian accident claim depends on several factors. This includes the type and extent of your injuries, the amount of lost income, the extent of medical treatment, the need for home improvement, and the amount of out-of-pocket expenses. Since these factors differ from case to case, it is hard to get a ballpark figure until carefully considering the elements that apply to your claim.

How Long Will It Take Before I Receive Compensation? 

The time it takes to receive compensation depends on factors like the willingness of both parties to settle and whether the case will be resolved out of court or go to trial. Insurance claims typically take weeks to a year at most. But a lawsuit that goes to trial may last two years or more depending on the court’s calendar and how fast both parties conclude their arguments.

How Long Do I Have to File a Pedestrian Accident Claim in Asheville, North Carolina?

Under North Carolina’s Statute of Limitations, you must file an action three years from the accident date. If you fail to bring your action within three years, your case will be statute-barred. However, the time pauses if the victim is a child, the victim does not have the mental capacity under North Carolina law, or the at-fault person is out of state.

What Percentage Do Pedestrian Accident Lawyers Charge in Asheville, NC? 

Pedestrian accident lawyers charge up to one-third (33%) of your compensation or more. The percentage is stated in the contingency fee agreement and does not include other legal fees.

How Our Asheville Pedestrian Injury Attorney Can Help

People with complex personal injury cases, like pedestrian accident victims, often have difficulty getting compensation from insurance companies. Insurance adjusters know they can pressure victims to settle claims quickly. The adjuster’s job is to avoid trials and ensure that the insurance company pays as little as possible.

However, a pedestrian injury attorney’s job is to review an accident to ensure victims receive fair compensation. Fighting with the insurance company over the damages you are entitled to can distract you from what’s most important: getting well. This is why we are here.

Our Asheville pedestrian injury attorney can advocate for your rights and fight for what you deserve.

We will negotiate with the insurance adjusters and ensure they do not bully you into accepting a meager settlement. We will also consider how much you’ve recovered from your injuries and whether you need future medical care before settling. In addition to speaking to insurance adjusters on your behalf, our pedestrian injury attorney will thoroughly investigate your claim.

This investigation may include:

  • Speaking to witnesses who saw the accident occur.
  • Reviewing the driving record of the at-fault driver.
  • Obtaining and reviewing the police report of the accident.
  • Visiting the accident site to take photos and gather further evidence.
  • Examining your medical records related to injury treatment.
  • Consulting expert witnesses whose expertise can support your case.

We will file a personal injury lawsuit if we do not get a fair settlement after negotiating with the insurance adjuster. We will handle the filing of the documents, and the pre-trial phases, including the discovery phase and mediation. If the mediation fails and the case proceeds to trial, we will present your case before a jury.

Our service starts from when you first consult with us till the final decision on the case is reached. Throughout the process, our Asheville pedestrian accident attorney will be with you, updating you on the case and diligently representing your interest.

Contact Our Experienced Asheville Pedestrian Accident Lawyer

You deserve compensation if you or a loved one suffered injuries and financial losses from a pedestrian accident caused by another person’s negligence. While a settlement will not give you back all you lost, it ensures you do not live in debt. Therefore, don’t sleep on your right to financial compensation.

Contact our Asheville personal injury attorney at Lakota Denton to know if you are eligible for compensation. We have a proven track record of success and are known to keep going until we get a favorable outcome. Call us now at 828-333-5996 to book a free case review.

Lakota R. Denton, P.A. – Asheville Office

36 Orchard St, Asheville, NC 28801

P: (828) 333-5996

Attorney Lakota Denton

Attorney Lakota DentonLakota Denton has been practicing in his own firm since 2013, focusing solely on personal injury. He is a member of the American Association of Justice, the North Carolina Advocates for Justice, the North Carolina Bar association, the American Bar Association, the National Trial Lawyers, and was awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. [ Attorney Bio ]

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