Asheville NC Pedestrian Accident Lawyers

Common Causes of Pedestrian Accidents in Asheville

Asheville’s geography and growing population create conditions where pedestrian collisions are far too common. While every accident has unique circumstances, several recurring causes are responsible for many of the most serious crashes.

Distracted or Impaired Driving

Drivers who text, talk on the phone, or use onboard screens often fail to notice pedestrians crossing the street. Impairment from alcohol or drugs adds another layer of risk, slowing reaction times and impairing judgment. These behaviors are leading causes of pedestrian fatalities in Asheville.

Speeding in Congested Areas

Asheville’s narrow streets and congested intersections require careful driving. When motorists speed through downtown or residential neighborhoods, they reduce their ability to stop for pedestrians. Higher speeds also increase the likelihood of catastrophic injuries when collisions occur.

Failure to Yield at Crosswalks

Crosswalks are designed to protect pedestrians, but drivers often ignore their duty to yield. This is especially dangerous near schools, shopping districts, and intersections with heavy foot traffic. Failure to yield is one of the most common violations cited in Asheville pedestrian accident cases.

Tourist Traffic and Unfamiliar Drivers

Tourism fuels Asheville’s economy, but visitors unfamiliar with the city’s roads often create hazards. Out-of-town drivers may make sudden turns, stop unexpectedly, or become distracted by searching for parking. These behaviors increase the risk of striking pedestrians, particularly in crowded areas.

Poor Visibility and Weather Conditions

Fog, rain, and icy roads are common in the mountains. Poor visibility reduces drivers’ ability to see pedestrians, while slick surfaces make stopping more difficult. Even in adverse conditions, drivers are expected to adjust their behavior to keep others safe.

Severe Injuries Pedestrians Often Suffer in Collisions

Pedestrians are completely exposed when struck by a vehicle, which means injuries are often catastrophic. Victims face not only physical harm but also long recoveries and emotional trauma.

Traumatic Brain Injuries

Head injuries are common when pedestrians are thrown to the pavement or struck by a vehicle’s bumper or hood. Traumatic brain injuries range from concussions to permanent cognitive impairment, often requiring years of rehabilitation and ongoing medical care.

Spinal Cord Injuries and Paralysis

The force of a collision can damage the spinal cord, leading to partial or complete paralysis. These injuries permanently change victims’ lives, requiring mobility devices, home modifications, and constant medical support.

Broken Bones and Fractures

Arms, legs, and ribs are often fractured in pedestrian accidents. While some fractures heal with time, others require multiple surgeries and can leave victims with lasting pain and reduced mobility. Severe fractures may prevent victims from returning to work or engaging in daily activities.

Internal Organ Damage

The impact of a car can cause internal bleeding or damage to vital organs. These injuries may not be visible immediately but can be life-threatening without prompt treatment. Survivors often face long hospital stays and future health complications.

Emotional Trauma and PTSD

Beyond physical injuries, many victims experience emotional consequences. Flashbacks, anxiety, depression, and post-traumatic stress disorder are common after serious pedestrian accidents. These conditions can interfere with recovery, relationships, and overall quality of life.

Who May Be Liable in Asheville Pedestrian Accident Cases

Establishing liability is a critical step in pedestrian accident claims. Often, more than one party may share responsibility. Our firm works to identify every potential defendant to maximize the chances of full compensation.

Negligent Drivers

The most common defendants are drivers who cause accidents through speeding, distraction, or impaired driving. These motorists are directly responsible for the harm they cause to pedestrians. In many cases, showing a clear violation of traffic laws is enough to prove fault and hold drivers accountable for the full scope of damages.

Employers of Commercial Drivers

If a delivery driver, truck operator, or other employee causes a pedestrian accident while working, their employer may share liability. Employers are expected to hire qualified drivers and ensure safe practices. When companies fail to train employees properly or enforce safety standards, they may also be held responsible for the resulting injuries.

Rideshare or Delivery Companies

With the growth of rideshare and food delivery services in Asheville, accidents involving these drivers are on the rise. These cases often involve complex insurance issues, as liability depends on whether the driver was actively engaged in a trip. Understanding the driver’s status at the time of the crash is crucial, as coverage can change from one stage of the trip to another.

Property Owners Responsible for Unsafe Walkways

Not all pedestrian accidents involve vehicles. Unsafe sidewalks, poorly maintained crosswalks, or inadequate lighting can create dangerous conditions. Property owners who fail to maintain safe walkways may be held accountable, particularly when they ignore hazards they knew about or should have addressed.

Government Entities Responsible for Traffic Control

The city of Asheville and Buncombe County are responsible for maintaining traffic signals, signage, and safe roadways. When pedestrian accidents occur because of defective infrastructure or poor design, government entities may share responsibility, though special rules apply when bringing claims against them. These cases often require meeting strict notice deadlines and proving negligence despite governmental protections.

Steps to Take After a Pedestrian Accident in Asheville

The steps taken in the aftermath of a pedestrian accident can have a lasting impact on both health and legal claims. Victims and their families should focus on protecting themselves and preserving evidence.

Seek Medical Care Immediately

Even if injuries seem minor, it is important to be examined by a medical professional. Many serious conditions, including internal bleeding or concussions, may not appear right away. Medical records also provide essential documentation linking injuries to the accident, which insurers and courts rely on when determining damages.

Report the Crash to Police

A police report creates an official record of the accident. Officers often document witness statements, driver information, and initial assessments of fault. This report becomes a key piece of evidence in legal claims and can help establish liability early in the case.

Collect Photos and Witness Statements

If possible, victims or their families should take photographs of the scene, vehicle, and injuries. Gathering names and contact information for witnesses ensures that their testimony can support the claim later. These details often prove critical when insurers or defendants attempt to dispute how the accident occurred.

Avoid Insurer Statements Without Counsel

Insurance adjusters often contact victims quickly, hoping to obtain statements that can be used against them. It is important to decline these requests until speaking with an attorney. By handling these communications, our firm ensures insurers cannot twist a victim’s words or push them into accepting a low settlement.

Contact an Asheville Pedestrian Accident Lawyer

Legal guidance early in the process makes a significant difference. Our attorneys act quickly to preserve evidence, investigate liability, and pursue full compensation. By stepping in right away, we prevent insurers from controlling the narrative and ensure our clients’ voices are heard. Early involvement also helps us meet deadlines and avoid mistakes that could jeopardize a claim under North Carolina’s strict laws.

How Attorneys Investigate Pedestrian Accident Claims

Building a strong pedestrian accident case requires careful investigation. Evidence must show not only how the crash occurred but also who is responsible and the full impact of the injuries. Our firm takes a thorough, trial-ready approach to every claim.

Reviewing Police and Crash Reports

Police reports provide essential details such as location, time of day, and initial assessments of fault. These reports often include diagrams, driver statements, and citations issued at the scene. We use this information as a foundation for deeper investigation and to identify inconsistencies in the defense’s version of events.

Gathering Surveillance or Dashcam Footage

In a city like Asheville, many businesses and vehicles use cameras that may capture critical moments. Footage from dashcams, traffic cameras, or nearby shops can show the exact sequence of events. Because video is often erased quickly, our firm acts fast to secure this evidence before it disappears.

Interviewing Witnesses

Eyewitness testimony can clarify details that reports and video may miss. Witnesses often provide insight into driver behavior, pedestrian actions, and road conditions. We track down and interview these individuals while memories are fresh, ensuring their accounts support the claim.

Consulting Medical and Accident Reconstruction Experts

Medical experts help explain the severity of injuries and the long-term impact on daily life. Accident reconstruction specialists analyze skid marks, vehicle damage, and roadway design to demonstrate how the collision occurred. Their testimony can be invaluable in court, particularly when the defense disputes fault.

Documenting Medical and Financial Losses

Recovering damages requires proving the cost of injuries. We gather medical records, therapy notes, and billing statements to show expenses. We also work with economists to calculate lost wages and diminished earning capacity. This documentation ensures no loss is overlooked in the pursuit of compensation.