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Thomas Swartz
Thomas Swartz, Attorney
Category: Personal Injury Law
Satisfied Customers: 2815
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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WHAT IS THE N.C. STATE LAW ON RESPONSIBILITY OF CAR DRIVER

Resolved Question:

WHAT IS THE N.C. STATE LAW ON RESPONSIBILITY OF CAR DRIVER WHO HITS A PEDESTRIAN WHO IS ON SIDE OF ROAD WITH NO SIDEWALKS AVAILABLE FOR PERSON TO WALK ON?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Thomas Swartz replied 1 year ago.

Hello JACUSTOMER,

When no sidewalk is provided, the relevant North Carolina law is found in North Carolina General Statutes § 20-174(d), which provides in relevant part as follows:

§ 20‑174. Crossing at other than crosswalks; walking along highway.

(d) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right‑of‑way to approaching traffic.

So, this is the general statutory duty of pedestrians while walking on roads where there is no sidewalk.

However, if it can be shown that the car driver was negligent when driving, even if the pedestrian was not in compliance with the above law, the driver certainly can be held responsible, or partially responsible, for any injuries caused to the pedestrian.

Thomas

Customer: replied 1 year ago.

THE PERSON DRIVING THE CAR WAS EXCEEDING THE POSTED SPEED LIMIT, HAD A FULL 300 YDS OF CLEAR VISUAL AHEAD OF HER AND SHE CLAIMS SHE DIDN 'T SEE HIM UNTIL SHE HIT HIM. IT IS A LONG STRAIGHT ROAD AND WAS A CLEAR SUN NY DAY. DOES THIS WARRENT A CHARGE OF NEGLEGENCE SINCE SHE WAS CLEARLY NOT LOOKING WHERE SHE WAS DRIVING?

Expert:  Thomas Swartz replied 1 year ago.
Exceeding the speed limit certainly establishes good case of negligence. Drivers have a statutory duty to maintain the speed limit, and violation of the speed limit establishes a prima facie case of negligence. And the other factors (straight road, sunny day) can only add to a case of negligence against the driver.

Thomas
Thomas Swartz, Attorney
Satisfied Customers: 2815
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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