What happens when a cyclist and a driver remember the same crash differently? In Charlotte, that question can become important when an insurance company begins reviewing a bicycle injury claim and comparing statements from the people involved with photographs, medical records, witness accounts, and other evidence. Differences in recollection do not automatically prevent recovery, but […]
North Carolina pedestrian and driver duties vary with the crossing, signal, sidewalk, roadway, and circumstances; a phrase such as “the pedestrian always has the right-of-way” does not replace the statute.
Crosswalks and intersections
North Carolina G.S. 20-173 identifies circumstances in which a driver must yield to a pedestrian in a marked or unmarked crosswalk at or near an intersection when traffic-control signals are not in place or operating. It also addresses a driver entering or leaving an alley, building entrance, private road, or driveway across a sidewalk or walkway.
Crossing and walking along a roadway
G.S. 20-174 addresses crossing at points other than crosswalks and walking along a highway. Outside a marked crosswalk or an unmarked crosswalk at an intersection, the pedestrian must yield to vehicles. Between adjacent intersections with operating traffic signals, crossing is restricted to marked crosswalks. Where a sidewalk is provided, pedestrians must not walk along the adjacent roadway. Without a sidewalk, the statute calls for walking, when practicable, on the extreme left edge or shoulder facing approaching traffic and yielding to it. These pedestrian duties do not remove the driver’s duty to exercise due care to avoid a collision, sound a warning when necessary, and take proper precautions on observing a child or a confused or incapacitated person on the roadway.
After an incident, preserve the facts
- The crossing, signal phase, roadway, sidewalk, lighting, weather, and traffic conditions
- Photos, video, report information, vehicle information, and witness contact details
- Medical and insurance records, while keeping medical evaluation separate from a conclusion about fault
- Any nearby camera location or business, public-agency, or property contact that may have relevant records
Questions about a North Carolina pedestrian-accident matter depend on the complete record and circumstances rather than one general rule.
Sources
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