Articles Posted in Pedestrian Accidents

Two children were struck and killed by an unlicensed driver while crossing a busy, five-lane road with their babysitter on a Thursday night. The babysitter suffered injuries, while the children, ages 10 and five, were pronounced dead at the scene.pedestrian

Authorities are investigating the tragedy, which involved a 20-year-old driver who struck all three pedestrians crossing near an intersection (but not in it). There is a traffic signal but no pedestrian crosswalk at that intersection. The speed limit on Fairview Road, where the fatal crash occurred, is 45 mph, according to the Asheville Citizen-Times. The driver was arrested on the scene for not having a valid state driver’s license and for driving with no operator’s license. Still, investigators say it is unlikely he will face additional charges. There is no indication he was speeding or under the influence of drug or alcohol. Furthermore evidence indicates the driver’s traffic light was green at the time he proceeded through the intersection. He struck the trio shortly after passing through it, investigators believe.

According to data from the National Highway Traffic Safety Administration (NHTSA) released in May, there were 4,884 pedestrians killed and 65,000 injured nationally in traffic crashes in 2014. On average, that meant a pedestrian was killed every two hours and injured every eight minutes. A quarter of these occurred from 6 p.m. to 9 p.m. – which is precisely when this incident happened. The babysitter, whom family describe as “like a grandmother” to the children, was walking them to a local Subway restaurant in a nearby plaza to get some dinner.

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An arrest was made in a deadly hit-and-run pedestrian accident that happened near the South Carolina-Georgia state line on U.S. 17 earlier this month. South Carolina Highway Patrol arrested a Georgia man who was reportedly operating a 2015 Chevy Impala when he struck a 26-year-old man from Midway, Ga., who was walking along the road around 5:30 a.m.crosswalk6

The 26-year-old pedestrian died of his wounds after being transported to the Memorial University Medical Center where he died of his injuries.

Local media reported on the case and the fact that authorities were unable to locate the driver. A tipster called in to police after seeing one of those reports, and led authorities to the suspect – and his car, which was seized as evidence.  Continue reading

A jury in Asheville recently convicted a man of a 2014 fatal pedestrian accident that killed a 66-year-old woman on Kimberly Avenue in North Asheville. sneakers

According to the Asheville Citizen-Times, defendant was driving 65 mph in a 25 mph zone when he lost control of his vehicle and jumped a curb, striking the victim who was on the sidewalk, walking home following an afternoon at a local bird sanctuary. Jurors sentenced defendant to 13 to 25 months in prison.

Now, as we know from recent figures released by the National Highway Traffic Safety Administration (NHTSA), that was just one of just 172 fatal pedestrian accidents in North Carolina that year. While pedestrian accident deaths in North Carolina have stayed largely the same, they are inching upward in South Carolina.  Continue reading

Although traffic deaths have spiked recently with lower gas prices, car accident fatalities and injuries have been on an overall decline in recent years. We can thank safer roads and better cars for that. crosswalksign

But there is one group that hasn’t fared so well: Pedestrians.

The Governors Highway Safety Association (GHSA) opines the number of pedestrian deaths nationally has spiked by 10 percent this last year. That follows a 19 percent increase from 2009 to 2014.

Charlotte-Concord does not rank well in these statistics. A study released in 2014 titled Dangerous by Design revealed this area ranked No. 10 in terms of the most dangerous metro area for pedestrians. When researchers tallied the Pedestrian Danger Index in 51 of the nation’s biggest cities, they looked at how many pedestrian deaths there were compared to the percentage of those who walk to work. Charlotte had a PDI of 111.74. That is more than twice the national average of 52.1.  Continue reading

A teen who sustained injuries after being struck by a vehicle while crossing the road will have the opportunity again to take her case to trial, following a recent ruling by the North Carolina Court of Appeals.
In Castro v. Thomas, a trial court judge had granted a directed verdict to the defense upon finding that:
Speed was not a factor in the crash;
Defendant did not see plaintiff until mere seconds before impact;
Plaintiff was contributorily negligent in crossing the road outside a designated crosswalk, in violation of N.C. Gen. Stat. 20-174.

The incident happened in Asheboro, about 1.5 hours northeast of Charlotte. North Carolina is one of just four states that continues to follow the contributory negligence rule, which hold that a plaintiff found to have contributed to his or her alleged damages to any degree will be totally barred from any damage recovery.
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When a car hits a pedestrian, the person on foot is often seriously injured. These accidents can result in death or severe injury to victims, including broken pelvic bones and limbs and serious internal damage to organs and the nervous system. People who survive are often left paralyzed.

crosswalk.jpgThe reason is quite simple: While people often take car safety for granted, a car weighs thousand of pounds, and, even at speeds of less than 5-miles-per-hour, that weight translates into a tremendous amount of energy and force being transferred to the pedestrian.

According to a recent news report from WXII 12, a pedestrian was killed after being hit by a car on University Parkway in Winston-Salem, North Carolina. Accident investigators report a 64-year-old man was crossing University Parkway when an 18-year-old driver hit him with his car.
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Cheeks v. AutoZone, Inc., a case from the Supreme Court of Mississippi, involved plaintiff who was hit by a car at defendant’s auto parts store. According to court records, plaintiff drove to the store and parked on the side of the building where there was no sidewalk or protective bollards. A bollard is a round post made of steel or concrete to stop a moving vehicle. At this store, there were bollards at the front side of the store, and they were painted bright orange.

bollard-1271697-m.jpgAs plaintiff walked to the front of the store, he reached for the entrance door and heard a warning. He turned and saw a car about to hit him. The car was only a few feet away when he first noticed it. He tried to run behind one of the bollards, but it was too late to prevent getting hit. Plaintiff was seriously injured.
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The recent car accident case of GEICO v. Insurer before a Florida appellate court may not have any direct bearing on plaintiffs here in North Carolina, but the issues raised are highly relevant.
The case involves an 83-year-old driver with minimal insurance who was legally blind when he injured two pedestrians and then later lied about it under oath prior to trial. The man’s doctors had told him he shouldn’t be driving, and he concealed this fact as well.

The plaintiffs later sued when, after receiving the full $20,000 policy limit, the insurance company refused to pay anything more toward mounting medical expenses. The question became whether the insurance company should have to pay sanctions imposed by the court against the driver/defendant for the falsehoods he provided under oath. Per the state’s laws on civil claims administrations, the insurer only had 30 days in which to issue a reservation of rights, asserting coverage might be withheld due to defendant’s misrepresentations. Instead, the company waited nearly a year to do so, by which point the insured had died (of unrelated causes) and the hearing against his estate was slated for just days later.

Our Greensboro car accident attorneys understand the injured plaintiffs were granted leave to seek punitive damages (reserved for cases in which the at-fault party displayed reckless disregard for the safety and well-being of others). The court also imposed a $27,000 fine for costs and attorneys’ fees. The insurer argued it shouldn’t have to pay because the insured lied under oath about his condition, which was a violation of the terms of his policy.
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Authorities in Fayetteville are investigating the sudden death of an elderly pedestrian and the serious injury to his wife as they attempted to cross the street after sharing a meal at a local restaurant. pedestrianpictogram.jpg

The pair, visiting from Pennsylvania, were trying to cross a four-lane road while returning to a nearby hotel where they were staying. City officials have called that stretch of road one of the deadliest for pedestrians, with many travelers attempting to cross on foot back-and-forth between nearby hotels and restaurants located off the highway. A crosswalk was installed, yet the road is poorly lit and the speed limit remains 55 miles-per-hour.

Charlotte car accident attorneys understand that a recent report by the Governors’ Highway Safety Association indicates that while pedestrian accidents saw an overall downward shift nationally for the first time in years, it increased yet again in North Carolina.
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According to a recent South Carolina news report, a 36-year-old man was fatally struck by a vehicle along the roadway.


Our Spartanburg car accident attorneys know how dangerous walking along the roadway can be and are dedicated to helping pedestrians travel safely.

A study by theUnited States Department of Transportation revealed that there were 4,280 pedestrian fatalities and more than 70,000 injuries in the United States in 2010.
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