North Carolina Pedestrian and Bicycle Accident Lawyers

Our attorneys and support team

When a car hits someone on foot or on a bike, there are two impacts: the car, and then the pavement. People thrown to the ground often can't brace themselves. That's why head injuries, fractures, and deaths are so common in these crashes.

North Carolina law makes these cases harder than they should be. If the driver's insurer can show you were even slightly at fault, the law can bar you from recovering anything. And the driver often carries only the state minimum of $50,000 in coverage.

Harris Legal represents seriously injured pedestrians, cyclists, and families who have lost someone, anywhere in North Carolina. We investigate every case as though it will be tried. That means chasing down video before it's erased, going to the scene ourselves, and finding every source of insurance.

Tell us what happened

We'll tell you honestly whether your case is worth pursuing

Where you were crossing matters most

In a pedestrian case, the first question is usually where the collision happened. Pedestrians have the right of way in a marked crosswalk. They also have it in an unmarked crosswalk, which generally means a crossing point at an intersection.

Drivers must exercise reasonable care, and that includes not hitting people who are lawfully crossing the road. Most pedestrian crashes we see happen at intersections. A driver turns left or right, or pulls forward on a green light, without looking for someone already in the crosswalk.

North Carolina's contributory negligence rule

North Carolina is one of very few states where being even 1% at fault can bar you from recovering anything. In pedestrian cases, insurers look for:

Crossing mid-block or anywhere other than a lawful crossing point
Crossing against a "Don't Walk" signal
Walking at night in dark clothing or poor lighting
Earbuds, phone use, or other distractions

Some of these aren't automatically negligence under the law. But jurors hear the evidence, and they weigh it however they see fit.

Last clear chance: when fault doesn't end the case

The last clear chance doctrine is one of the most important tools in pedestrian cases. It applies when:

The pedestrian's own negligence put them in a position of danger they couldn't escape, and
The driver saw, or should have seen, the pedestrian in time to avoid the collision, and failed to.

When those facts are proven, the pedestrian's own negligence doesn't bar recovery. Whether the doctrine applies depends on the details: timing, sight lines, speed, and lighting. That's one reason we investigate early and visit the scene ourselves.

Bicycle accidents: the rules of the road apply to you too

In North Carolina, cyclists generally have to follow the same traffic laws as drivers. That cuts both ways. A cyclist riding lawfully has the same right to the road as any car. A cyclist who runs a light or rides unsafely hands the insurer a contributory negligence defense.

Cyclists also face a bias pedestrians don't. Some jurors and adjusters assume a cyclist was reckless. Overcoming that takes evidence, not argument: video, witness accounts, and a clear reconstruction of what happened.

Riding on the sidewalk can hurt your case

Many riders think the sidewalk is the safer choice. Legally, it can backfire. A cyclist coming off a sidewalk into a crosswalk moves much faster than a pedestrian. A driver watching for people on foot may not expect or see a bike, and the insurer will argue the rider appeared too suddenly to avoid.

Lights, reflectors, and visibility

Riding at night without lights or in dark clothing may not automatically count as negligence under the law. But juries hear that evidence and weigh it. Visibility is one of the first things we look at in a nighttime bike case.

Who can be responsible besides the driver

The driver's insurance is often not enough. Finding every responsible party can decide whether a seriously injured person is fully compensated.

Employers. If the driver was working when the crash happened, the employer is generally responsible too.
Rideshare companies. Companies like Uber carry substantial liability coverage. When a rideshare driver hits a pedestrian or cyclist, coverage is usually less of a problem.
Vehicle owners under the family purpose doctrine. When a family car is driven by a family member for family purposes, the owner can be responsible.
Bars and restaurants. If an alcohol seller overserved an impaired driver, a dram shop claim may apply.
Construction companies. Contractors who fail to safely route pedestrians through a work zone can be liable.
Cities and agencies that design or control crossings. A crosswalk that is poorly designed or controlled can create its own claim. These cases are complex and less common.

Who pays when a pedestrian or cyclist is hit?

The most common policy a North Carolina driver carries is the state minimum: $50,000. That was raised from $30,000, and it's still nowhere near enough for a brain injury or multiple fractures. Many drivers carry no insurance at all.

Your own policy may protect you, even though you weren't driving

Your own uninsured (UM) and underinsured (UIM) motorist coverage can apply when you're hit while walking or biking. So can the UM/UIM coverage of relatives you live with, if they're related to you by blood or marriage. Many people never think to check them.

Hit-and-run crashes

A hit-and-run can be covered under uninsured motorist coverage. It must be reported to police right away so there's an official crash report.

Health insurance and medical liens

Any health plan that paid for your treatment may claim part of your settlement. If there's no recovery, they get nothing; it isn't a debt you owe. How much they can claim depends on the plan. Some have no right to repayment, some have an ironclad right, and most fall in between. Negotiating these claims affects what you actually take home.

When there's no insurance at all

We look hard for anyone else responsible, from employers to bars to whoever controlled the crossing. If no one else is responsible, the only option is the driver's personal assets. That's usually not a viable path, and we'll tell you so directly.

How we investigate pedestrian and bicycle crashes

In serious pedestrian cases, there are often no witnesses. A person who hit their head may have no memory of the crash. Without other evidence, it's the driver's word against no one's. So we move fast.

Video, immediately. We send preservation letters to nearby businesses right away, before footage is recorded over. When it helps, we send an investigator door to door for doorbell and home security cameras.
The scene, in person. We go to the scene ourselves. Many lawyers work a case from photographs. We want to see the sight lines, lighting, and crossing with our own eyes.
The crash report. Police reports carry enormous weight with insurers and jurors. We scrutinize them early.
Physical evidence. Skid marks, debris, the vehicle itself, and even how far a person's shoes were thrown help show what happened.
Reconstruction experts, when the facts are disputed. If the video shows you were in the crosswalk, there may be nothing to reconstruct. When the facts are unclear, we bring in an expert early.

Why ordinary phone records aren't enough

Many intersection crashes happen when the light turns green and a driver pulls forward while still finishing something on their phone. Proving that takes the right evidence.

Standard phone records show calls, text messages, and that data was used. They don't show what the data was used for. A driver on Instagram, Spotify, or WhatsApp looks the same in those records as a driver with a map app running. To show what the driver was actually doing, you need a forensic download of the phone itself.

What you or your family can do now

Make sure police are called and a crash report is written, especially in a hit-and-run.
Ask nearby businesses and neighbors about cameras. Families are often the best people to knock on doors. Video gets erased quickly.
Write down the names of anyone who saw what happened.
Call a lawyer early. In serious cases, the evidence that decides fault can disappear within days.

The injuries we handle

We represent pedestrians and cyclists with serious injuries, including:

Serious traumatic brain injuries. "TBI" covers everything from a concussion that clears in days to permanent brain damage. We focus on injuries that require extended hospital stays or leave lasting problems with speech, movement, memory, or use of the hands.
Spinal fractures and spinal cord injuries
Multiple fractures, or fractures to critical parts of the body
Injuries requiring surgery
Amputations
Fatal injuries

If you weren't taken to the hospital, or didn't need emergency treatment, your case is likely smaller than the cases we handle. We're glad to point you to other options.

When the person hit is a child

Children are hurt more severely in these crashes, and their cases differ in important ways.

Injuries can take months to fully appear. Damage to a growth plate, for example, may not show whether it will stunt a child's growth until well into treatment. Settling too early can leave a child undercompensated.
Fault works differently. North Carolina law treats young children as incapable of negligence, and older children are presumed incapable unless the defense proves otherwise, whereas teenagers are presumed capable unless it is demonstrated otherwise.
The process is different. A lawsuit on a child's behalf is brought through a guardian ad litem, a person appointed to act for the child.

For families who have lost someone

Pedestrians and cyclists have no protection when a vehicle hits them. That's why so many of these crashes are fatal.

If your family member was killed, North Carolina law allows a wrongful death claim. It generally must be filed within two years of the death. We handle these cases with the same trial-ready preparation as every other case, and we'll walk your family through each step.

Experience with serious crash cases

Pedestrian struck in a construction zone. Before founding Harris Legal, Zac Harris was part of the team that represented a woman who suffered a serious brain injury. A construction company had failed to give pedestrians a safe way through its work zone, and she was hit by a car. The case resulted in a significant recovery for her.

What it costs

Our fee is one-third of the recovery. It's the same whether your case resolves after our first letter or after a jury verdict. We prepare every case for trial from the start, so the fee shouldn't change. And we never want the fee to influence our decision, or yours, about whether to take the next step.

Frequently asked questions

Do I have a case? It depends on where the crash happened, what the evidence shows, and how badly you were hurt. We can often tell quickly if a case isn't viable, and we'll say so.

I was partly at fault. Is my case over? Not necessarily. North Carolina's contributory negligence rule is harsh, but the last clear chance doctrine can still allow recovery if the driver could have avoided you. It depends on the facts.

How long do I have to file? Generally three years from the date of the injury. A wrongful death claim generally must be filed within two years of the death. Different rules can apply to children. Don't wait: video and witnesses disappear long before any deadline.

I was on an e-bike or scooter. Do the same rules apply? Drivers still have a duty not to hit you. But the law on these devices is less developed, and insurers push harder on fault. Call us and we'll talk through your facts.

Do you handle other kinds of injury cases? Yes. See our pages on car accidents, truck accidents, motorcycle accidents, dog bites, medical malpractice, and wrongful death.