A collision between a pedestrian and a motorcycle rider in Iredell County, North Carolina (NC), sent both people to the hospital with serious injuries. The crash happened in the 700 block of Linwood Road at around 10:30 pm on April 2, 2017.
News reports do not contain information on why the wreck occurred on the two-lane rural state highway just south of Windchime Lane. Answering the question of whether the motorcyclist or the pedestrian was at fault could help the other injured victim file and collect on insurance claims.
North Carolina laws require “every driver of a vehicle [to] exercise due care to avoid colliding with any pedestrian upon any roadway, and … give warning by sounding the horn when necessary, and … exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.” This legal duty to watch for, yield to, and make room for pedestrians in roadways and on highway shoulders is further explained in another section of the North Carolina Code, which states that a faster moving vehicle must provide “a minimum of four feet” of space while passing. Drivers are even allowed to cross completely into the oncoming lane if doing so is necessary to keep a pedestrian safe and no other vehicles are approaching from the opposite direction.
So, if the motorcycle rider failed to spot the pedestrian or struck the man while he was walking along the shoulder, the biker could be found negligent under law and held responsible for paying compensation and damages to the pedestrian.
Another scenario could make the pedestrian at fault and subject to insurance claims from the motorcyclist. The same North Carolina law that requires all drivers to act to protect people on foot also requires pedestrians to yield to cars, trucks and motorcycles in many circumstances. Specifically, section 20-174 of the North Carolina Code gives pedestrians the legal duty to yield right of way “at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection … [and] between adjacent intersections at which traffic-control signals are in operation.”
If the pedestrian was violating these rules for crossing Linwood Road in Mooresville, he could be found negligent and liable. Working with an experienced Carolina personal injury lawyer will help both of the people injured in this Iredell County, NC, crash stay up to date with investigators’ findings and protect their rights to pursue insurance claims.