A Charlotte crosswalk accident lawyer builds your case around a specific legal duty drivers owe you: North Carolina General Statute § 20-173. This law requires drivers to stop for pedestrians crossing within a marked crosswalk, yet crosswalk crashes remain common throughout Charlotte’s busiest intersections. Understanding exactly what this statute requires, and where its protections stop, matters significantly if a driver struck you while you crossed legally.
What NC G.S. § 20-173 Actually Says
This statute requires a driver to stop and remain stopped for a pedestrian crossing the roadway within a marked crosswalk when the pedestrian is on the driver’s half of the road or approaching closely enough to be in danger. Importantly, the law does not require a driver to stop for a pedestrian who suddenly leaves a curb or other place of safety and moves into the path of a vehicle that cannot stop in time. This distinction often becomes central to disputed crosswalk cases.
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Call (980) 246-2656Why Crosswalk Accidents Still Happen Despite This Law
Drivers turning at intersections frequently fail to check for pedestrians already in the crosswalk, focusing instead on oncoming traffic gaps. Additionally, drivers running red lights or rolling through stop signs create sudden, high-speed crosswalk conflicts that pedestrians have little time to avoid. Distracted driving compounds this risk further, since a driver checking a phone may never register a pedestrian in a marked crossing at all.
How Fault Gets Disputed in Crosswalk Cases
Even with a clear statute establishing driver duties, insurance companies still search for ways to shift blame onto the pedestrian. Adjusters may argue you entered the crosswalk against a “don’t walk” signal, stepped off the curb unexpectedly, or were partially outside the marked lines at the moment of impact. Because North Carolina follows pure contributory negligence, even a partially successful version of this argument can eliminate your entire claim.
Consequently, precise documentation of exactly where you were standing, what the signal showed, and how the driver approached the intersection becomes critical to protecting your case.
Evidence That Strengthens a Crosswalk Accident Claim
Traffic camera footage, when available, often provides the clearest evidence in a disputed crosswalk case, since it can show your position and the signal timing directly. Witness statements from other pedestrians or nearby drivers add valuable independent confirmation. Additionally, the police report’s diagram and officer notes about signal timing and impact location provide a foundation your attorney can build on or, when necessary, challenge.
Why Signalized and Unsignalized Crosswalks Work Differently
Marked crosswalks with pedestrian signals create clearer evidence trails, since signal timing data often exists and can confirm whether you had the right of way. Unmarked or unsignalized crosswalks, common throughout Charlotte’s older neighborhoods, rely more heavily on witness accounts and driver behavior analysis, since no signal data exists to settle disputes definitively. Shane Smith Law investigates both scenarios thoroughly, adjusting our evidence-gathering strategy to the specific intersection involved.
Visit our Charlotte pedestrian accident lawyer page for a complete breakdown of how we build these cases.
Talk to a Charlotte Crosswalk Accident Attorney
Shane Smith Law has recovered more than $250 million for injured clients, and our team knows how to hold drivers accountable under North Carolina’s crosswalk law. Call or text (980) 246-2656 for a free consultation.
