Short Answer

After you hire a North Carolina lawyer for a pedestrian accident case, your lawyer typically takes over communications, investigates how the crash happened, gathers medical and wage records, and evaluates insurance coverage. The case usually moves through a claim phase (evidence + demand + negotiation) and, if needed, a lawsuit phase (filing, discovery, mediation, and trial preparation). Timing matters because most injury cases have a filing deadline, and delays can also make evidence harder to obtain.

Understanding the Problem

If you were a pedestrian in North Carolina and the crash happened last year, you may be wondering what your lawyer actually does next and what you will be asked to do. The key decision point is whether your lawyer can build and present a clear claim that someone else’s negligence caused your injuries and losses, and then either resolve the claim with insurance or file in court before the deadline.

Apply the Law

Most pedestrian accident cases in North Carolina are handled as negligence claims. In plain English, that means your lawyer must be able to show (1) the other party had a legal duty to use reasonable care, (2) they breached that duty, (3) the breach caused your injuries, and (4) you suffered damages. North Carolina also follows a strict contributory negligence rule in many personal injury cases, which can bar recovery if the injured person is found even slightly at fault. Your lawyer’s early work focuses on preserving evidence and developing facts that support negligence while anticipating contributory negligence arguments. If the at-fault party is a State agency, different claim procedures and deadlines may apply.

Key Requirements

• Identifying the responsible party: Your lawyer must determine who may be legally responsible (for example, a driver, a motorcycle rider, an employer, or a government entity) and how to prove it.
• Proof of negligence: The claim needs evidence showing what happened and why the other party failed to use reasonable care.
• Causation: Your lawyer must connect the crash to your injuries using medical records and, when needed, medical opinions.
• Damages documentation: You generally need records that show medical treatment, time missed from work, and how the injury affected your daily life.
• Addressing contributory negligence: Your lawyer will look for facts that reduce or defeat arguments that you caused or contributed to the crash.
• Filing before the deadline: If the case does not resolve, your lawyer must file suit on time in the proper court (or file the proper claim in the proper forum if a government defendant is involved).

What the Statutes Say

• N.C. Gen. Stat. § 143-299 (Limitation on claims) - Sets a three-year filing limit for certain claims against North Carolina State departments and agencies in the Industrial Commission (and a different limit if death results).
• N.C. Gen. Stat. § 143-299.1 (Contributory negligence a matter of defense; burden of proof) - In certain State claims, treats contributory negligence as a defense and places the burden on the State to prove it.
• N.C. Gen. Stat. § 1-46.1 (Twelve years) - Creates an outside time limit for certain product-related injury claims tied to the initial purchase date.

Analysis

Apply the Rule to the Facts: Because you were a pedestrian and the crash happened last year, your lawyer will focus first on proving who caused the collision and whether any facts could be used to argue you contributed to it. If a motorcycle was involved, your lawyer will still build the same core negligence case: what the rider/driver did wrong, how that caused your injuries, and what losses you have. The “last year” timing matters because your lawyer may need to act quickly to preserve evidence and to ensure any required filing happens before the applicable deadline.

Process & Timing

1. Who files: Usually you (the injured pedestrian) through your attorney. Where: Often with the at-fault party’s insurance carrier first; if a lawsuit is needed, it is filed in the appropriate North Carolina trial court (and some government-related claims may go through the North Carolina Industrial Commission). What: Your lawyer typically sends a representation letter, requests the crash report, and gathers records and bills; if suit is filed, your lawyer prepares and files a complaint and arranges service. When: As soon as possible after you hire counsel, especially to preserve evidence and track the filing deadline.
2. Investigation and evidence building: Your lawyer collects the crash report, photos/video if available, witness information, and medical records. They also look for coverage issues (liability coverage, possible additional insured parties, and any available uninsured/underinsured coverage).
3. Claim presentation and negotiation: Once your treatment is stable enough to value the claim, your lawyer typically prepares a demand package and negotiates with the insurer. If negotiations stall or the deadline approaches, your lawyer may file suit to protect the claim while continuing settlement discussions.

Exceptions & Pitfalls

• Contributory negligence defenses: Insurance companies often look for facts to argue the pedestrian contributed (for example, where the pedestrian was walking, visibility, or right-of-way issues). Your lawyer will plan the evidence around these arguments.
• Evidence disappears quickly: Video footage, witness memories, and scene conditions can change. Waiting too long can weaken even a valid claim.
• Recorded statements and broad authorizations: Adjusters may ask for recorded statements or expansive medical authorizations. Your lawyer will usually control what is provided and how.
• Government defendants and special procedures: If a State agency may be involved, different rules, forums, and deadlines can apply, and missing them can end the claim.
• Gaps in medical treatment: Large gaps can give the insurer an argument that the crash did not cause the later complaints. Your lawyer will want consistent documentation and clear explanations for any gaps.

Conclusion

After you hire a lawyer for a North Carolina pedestrian accident case, your lawyer typically takes over communications, investigates fault, gathers medical and wage proof, and prepares the claim for negotiation or litigation. The key legal focus is proving negligence while guarding against contributory negligence arguments. Your next step is to make sure your lawyer confirms the correct filing deadline for your case and, if needed, files the proper lawsuit or claim in the proper forum before that deadline expires.

Talk to a Personal Injury Attorney

If you're dealing with a pedestrian accident claim and you want to know what happens next, our firm has experienced attorneys who can help you understand the process, the paperwork, and the timelines that can affect your case. Reach out today at [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.