What Are My Rights if I Was Hit By a Car as a Pedestrian or Cyclist in North Carolina?

From the team at Huggins Law Firm, P.C., we need to talk about one of the most terrifying things that can happen to a person.

One minute, you are on a walk, crossing the street in Greensboro, or riding your bike in a Winston-Salem bike lane. The next, your life is changed forever.

A car or truck hits you. You have no protection. No airbag, no seatbelt, no steel cage. It is an 8,000-pound machine against a human body.

And almost immediately, the “blame game” starts. The driver says, “They just darted out!” The insurance adjuster calls you (while you are still in the hospital) and says, “Well, you were wearing dark clothes, right?” or “You weren’t in a crosswalk, were you?”

They are trying to blame you.

We are a law firm that has been protecting families in North Carolina for decades. Our team has deep, broad experience in Personal Injury, Criminal Law, Family Law, Estate Planning, and Bankruptcy.

This broad experience is critical in a pedestrian accident case.

• Why? Because a catastrophic injury like this is a Bankruptcy risk, with millions in medical bills.
• If the crash was fatal, it is a Wrongful Death case, which requires an Estate Planning lawyer to open an estate.
• If the driver was drunk, it is a Criminal case.

Our firm can handle all of it. We are here to tell you the truth: “I didn’t see you” is not an excuse. It is a confession.

This page is your simple, clear guide to the traps, the laws, and the fight ahead.

Key Takeaways from This Page

We know you are overwhelmed. If you only read one section, make it this one:

• The “0% Trap” is Real. North Carolina has a “Contributory Negligence” rule. This means if the insurance company can prove you were even 1% at fault (e.g., you “darted out”), you can get ZERO. This is their #1 weapon.
• Drivers Have a “Duty to See.” A driver must pay attention and see what is there to be seen. “I didn’t see you” is not a legal defense.
• The “Blame Game” is a Tactic. The “reckless pedestrian” or “dart-out” defense is a tactic used by insurance companies to avoid paying.
• The Clock is Ticking (and it’s Different). You have three (3) years from the date of the wreck to file an injury lawsuit. But if your loved one was killed, the family only has TWO (2) years to file a Wrongful Death claim.
• A Crosswalk Can Be “Unmarked.” You have rights even if there was no “painted” crosswalk.
• Do NOT Talk to the Adjuster. Ever. They are not your friend. Their only job is to find that “1%” of fault so they can deny your claim.

The “0% Trap”: The Most Dangerous Law for Pedestrians in North Carolina

This is the most important, and scariest, part of North Carolina law. It is called “Pure Contributory Negligence.”

This is a cruel, old-fashioned rule that only four states still use. In most states, if you are 10% at fault, and the driver is 90% at fault, you can get 90% of your money. That sounds fair.

That is NOT the law here.

In North Carolina: If you are 1% at fault… you get $0. If you are 49% at fault… you get $0.

If you are found to have “contributed” to your own accident in any tiny, small way, you are barred by law from getting one single penny.

This is the entire strategy for the car driver’s insurance company. Their only job is to pin 1% of the blame on you.

• “He was not in a marked crosswalk.” (1% fault)
• “She was texting while walking.” (1% fault)
• “He ‘darted out’ from between two parked cars.” (1% fault)
• “She was wearing dark clothes at night.” (1% fault)

They will pull security video. They will ask you for a recorded statement just to get you to admit, “Yeah, I was in a hurry, I guess I didn’t look both ways.” And just like that… your case, with its $500,000 in medical bills, is worth $0.

This is why you must have an experienced Personal Injury lawyer from the very beginning. Our job is to be your shield. Our job is to build the case that proves the driver was 100% at fault, and you were 0% at fault. We tell the adjuster, “You will not talk to our client. You will talk to us.”

“I Didn’t See You!” is Not an Excuse. It’s a Confession.

This is the #1 thing we hear from the police report. The driver said, “I just didn’t see them!”

In the law, this is not an excuse. It is a confession of negligence. The law in North Carolina says that every driver has a “Duty of Proper Lookout.” This means they are required to be aware of their surroundings. They must see what is there to be seen.

When a driver says, “I didn’t see the bicyclist in the bike lane,” they are admitting they were not paying attention. When a driver says, “I didn’t see the person in the crosswalk,” they are admitting they were not looking.

Why weren’t they looking?

• Were they texting?
• Were they changing the radio?
• Were they looking at their GPS?
• Were they just… not paying attention?

The “Secret Stat” That Wins Cases: The National Highway Traffic Safety Administration (NHTSA) says that sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that is like driving the entire length of a football field with your eyes closed. (Source: NHTSA).

That is what really happened. They “didn’t see you” because they weren’t even looking. This is not an “accident.” This is a choice they made.

Our job as your lawyers is to prove this. We send legal letters to demand they save their cell phone records. We can subpoena those records and show a jury that the driver sent a text message at the exact same time they hit you.

Your Rights in North Carolina: The Crosswalk & Bike Laws (In Plain English)

This is a big part of the fight. The insurance company will try to “school” you on the law. You need to know your real rights.

Pedestrian Rights (That’s You!)

This is a huge problem in our state. According to the NCDOT, in 2023, 237 pedestrians were killed in North Carolina. This is a crisis.

Here is what the law says:

• The “Marked” Crosswalk: This is simple. If you are in a marked crosswalk (the painted lines), the law (N.C. General Statute § 20-155(c)) says drivers must “yield the right-of-way” (stop) for you.
• The “Unmarked” Crosswalk (The “Secret” One): This is the one most people don’t know. The law says a crosswalk legally exists at every single intersection, from the corner of the curb to the other side. Even if there are no painted lines. Drivers have the same duty to stop for you here.
• The “Don’t Walk” Sign: This is a trap. If you start to cross after the “Don’t Walk” signal starts flashing, the defense will use this to try and prove you are “1% at fault” and pay you nothing.
• No Crosswalk: If you are not at an intersection, the law says you must yield to cars. This is the “dart-out” case, and it is the hardest to win.

Bicycle Rights (That’s You, Too!)

In North Carolina, a bicycle is a “vehicle.” This is a double-edged sword:

1. Your RIGHTS: You have the same right to the road as a car. You are allowed to “take the lane” if it is not safe to be on the side. A car must treat you like another car.
2. Your DUTIES: You must obey the same laws as a car. You must stop at stop signs. You must use hand signals. You must have a light at night.

The insurance company will use this. If you “rolled through” a stop sign on your bike and got hit by a car that was speeding… they will both try to blame each other. This is where the “0% trap” is a nightmare.

Why These Injuries are “Catastrophic” (And Why the Bills are, Too)

This is not a car accident case. This is not “whiplash.” This is, as we say, a “steel vs. skin” case. The human body is not built to be hit by a 4,000-pound car.

The injuries we see are catastrophic and permanent.

• Traumatic Brain Injuries (TBI): Hitting your head on the pavement or the windshield. This is a “silent” injury that can change your personality, your memory, and your life.
• Spinal Cord Injuries: An impact to the back can lead to paralysis (paraplegia or quadripleia).
• “Road Rash” (Degloving): This is not a “scrape.” This is a horrible injury where the skin is ripped off the body, often requiring many painful surgeries and skin grafts.
• Multiple Broken Bones / Amputations: The force can shatter bones or sever limbs.

These injuries are not just “medical.” They are financial.

The “Little-Known” Financial Stat: A person who has a severe Traumatic Brain Injury (TBI) can face $2.5 to $4 million in lifetime medical and care costs. (Source: Family Caregiver Alliance).

This is what the insurance company is really fighting. They are not fighting about your $10,000 ER bill. They are fighting to avoid paying the **$4,000,000** you need to live.

This is why we see so many of our clients in this situation also needing our Bankruptcy lawyers. The medical debt is so big that it can destroy a family’s entire financial future. Our firm is unique. We can protect you from the creditors (a Bankruptcy “shield”) while our Personal Injury lawyers fight for the money you deserve. We see the whole problem.

What to Do Right Now (Your 5-Step Plan to Save Your Case)

The insurance company’s lawyers are already working to build a case against you. You must start building your case. You can do it in these 5 steps.

Step 1: Get Medical Help. NOW. Call 911. Get in the ambulance. Go to the ER. Even if you “feel okay.” Adrenaline can hide a major injury (like a brain bleed or a spinal injury). This does two things:

1. It protects your health.
2. It creates a legal record that links your injury to the wreck.

Step 2: Get a Police Report. A police report is everything. The officer will (usually) talk to the driver and witnesses. They will (usually) charge the driver who was at fault. This report is the “golden” evidence.

Step 3: Get Witness Info. (This is Critical). If you are able, get the name and phone number of anyone who saw what happened. The person who stopped to help. The person in the other car. A neutral witness is more powerful than anyone else.

Step 4: Take Pictures (or have a friend do it). If you can, take pictures of everything.

• The car that hit you.
• The license plate.
• Your bike, on the ground.
• Your shoes, your clothes.
• The street, the crosswalk, the traffic lights.
• This is the evidence that will fight the “0% trap.”

Step 5: Do NOT Talk to the Adjuster. An adjuster will call you. They will sound so nice. They will say, “We just need a quick recorded statement.” This is a TRAP. They are paid to get you to admit you were 1% at fault. Your only answer should be: “I am hiring a lawyer. You can talk to them.”

What if My Loved One Was Killed? (A Wrongful Death Case)

This is the conversation no one wants to have. A pedestrian is so much more likely to be killed.

If your loved one was killed while walking or biking, your family is not just grieving. You are in a different legal world. This is a Wrongful Death case.

This is so important for two reasons:

1. The Clock is FASTER. You only have TWO (2) years from the date of death to file a lawsuit. This is shorter than the 3-year clock for an injury. It is a painful, fast, and strict deadline.
2. Who Can File? You cannot just file this as “the son” or “the spouse.” The law says the case must be filed by the “Personal Representative” of your loved one’s estate.

This is an Estate Planning issue. You must go to the Clerk of Court and open an estate first. This is where our firm’s broad experience is your best asset. You do not need two or three law firms. Our Estate lawyers can help you open the estate, and our Personal Injury lawyers can file the lawsuit. We handle all of it.

Why a Local NC Lawyer is Your Only Choice

You are hurting. You are probably searching for the “best personal injury lawyer near me” because you want someone you can trust.

A “TV lawyer” from a 1-800 number in another state does not understand your community.

• They don’t know the local dangerous intersections in Greensboro or High Point.
• They don’t know the local defense lawyers.
• They have not stood in front of the local judges in Winston-Salem, Asheboro, or Burlington.

Our firm is here. We are part of the Greensboro, Graham, and Kernersville communities. We are the same law firm your neighbors trust with their Family Law case, their Will, or their Criminal case. We are not a “PI mill” that only handles accidents. We are a full-service firm that is here to protect families.

We Are Here to Be Your Voice

The insurance company wants you to be just another “dart-out” statistic. Our job is to make them see the truth. You are a person. You are a neighbor. And you were wronged.

Our job is to be your voice. Our job is to be your shield.

• We will handle all the calls from the adjusters.
• We will send the letters to save the cell phone records.
• We will hire the experts.
• We will fight the “0% trap.”

Your only job is to get better.

It costs you nothing to talk to us. It costs you nothing to hire us. All our Personal Injury cases are on a “contingency fee.” We only get paid if we win your case.

Call us. Let our family help yours.