Drivers' duties to people on foot and on bikes
Drivers in North Carolina must keep a proper lookout and use reasonable care to avoid hitting people on foot. Who had the right of way depends on where and how the person was crossing.
People riding bicycles generally have the right to use the road and must follow many of the same rules as drivers. Drivers must use reasonable care around riders, including when passing and turning.
How contributory negligence affects these claims
North Carolina is one of only a few states that still follows contributory negligence. If you are found even slightly at fault, you generally cannot recover money from the driver, even if the driver was mostly to blame.
In pedestrian and bicycle cases, insurers often point to things like crossing outside a crosswalk, wearing dark clothing at night, riding without a light, or riding against traffic. These questions are not always answered the way the insurer suggests. Lighting, sight lines, the driver’s speed, and the driver’s attention all matter.
There are exceptions. Under last clear chance, a driver who saw, or should have seen, a person in danger and had time to avoid the crash may still be responsible. The rule also works differently when a driver acted willfully or with gross carelessness, and it applies differently to young children. Whether an exception fits depends on the evidence.
Insurance that may apply
- The driver’s liability insurance. This is usually the first source of payment.
- Your own auto policy. Your policy, or a household member’s, may include coverage that helps in some cases. Whether it applies depends on the policy language.
- Medical payments coverage. Some auto policies include it.
- Health insurance. It may pay medical bills, and it may later ask to be paid back from a recovery.
Bring every auto policy in your household to your consultation so we can review it.
What to do after the crash
- Get medical care right away and follow up on your treatment.
- Ask for the crash report number.
- Photograph the scene, the lighting, the crosswalk or bike lane, your bike, your clothing, and your injuries.
- Keep your bike, helmet, and clothing as they are.
- Write down witness names and numbers and what you remember.
- Do not give the driver’s insurer a recorded statement before you get advice.
If you were taken from the scene by ambulance, you may not have been able to gather any of this. That is common. Ask a family member or friend to photograph the scene soon, before lighting, signs, or road work changes, and write down the date and time the photos were taken.
Evidence we look for
We investigate rather than process. We don’t accept the police report as fact, because a report can reflect only the driver’s side when the person who was hit was taken to the hospital.
We look for video from businesses, homes, buses, and traffic cameras, the lighting and sight lines at the scene, vehicle damage, witness accounts, and medical records. Police body and dash camera recordings can also help. Under G.S. 132-1.4A, these recordings are not public records. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it, and a copy generally requires a superior court order.
What a claim can include
People hit while walking or riding often suffer serious injuries, because they have no vehicle around them. A claim may seek money for:
- Medical bills, past and expected, including therapy and rehabilitation
- Lost wages and lost ability to earn
- Pain, suffering, and loss of enjoyment of life
- Scarring or permanent injury
- Damage to your bicycle, phone, clothing, and other property
What a claim may be worth depends on the injuries, the evidence on fault, and the insurance available. We will not guess at a number before we have the records.
Fees and next steps
We explain our fee in writing before you hire us. We tell clients the hard truth, and we prepare every case as though it is going to trial.
Call (336) 281-2008 or request a consultation online. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can I recover if I was hit outside a crosswalk?
It depends on the facts. Crossing outside a crosswalk may be raised as contributory negligence, which can bar recovery. But drivers still must keep a lookout, and exceptions like last clear chance may apply.
Do bicycle riders have to follow the rules of the road in North Carolina?
Yes. Riders generally have the right to use the road and must follow many of the same rules as drivers. Drivers must use reasonable care around riders, including when passing.
Will my own car insurance help if I was walking?
It may. Your policy, or a household member's, may include coverage that helps in some cases. Whether it applies depends on the policy language, so we review the policies to find out.
What if a child was hit by a car?
Get medical care first. North Carolina applies the contributory negligence rule differently to young children. A parent may also have claims for the child's medical bills, so talk with a lawyer about the whole family's situation.