Can I still pursue a claim if the insurer says I caused the accident even though I was crossing near a crosswalk?

Why “Near a Crosswalk” Is an Important Detail

North Carolina law treats pedestrians differently depending on exactly where and when they enter a roadway. Being inside a marked crosswalk is not the same as being several feet outside it. An unmarked crosswalk may also exist at an intersection, but simply being close to a crosswalk does not automatically establish that a pedestrian had the right of way.

Traffic signals also matter. When pedestrian signals are present, a person facing a “WALK” signal may proceed, while a person generally may not start crossing against a “DON’T WALK” signal. If there is no separate pedestrian signal, the vehicle signal may control pedestrian movement.

Under N.C. Gen. Stat. § 20-174, a pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles. The same statute still requires drivers to use due care to avoid colliding with pedestrians. This means the crossing location is important, but it does not automatically excuse a driver’s failure to pay attention or obey a traffic signal.

A Red-Light Violation Can Be Central to the Liability Dispute

If the driver entered the intersection while facing a steady red light, that fact may strongly affect the analysis. N.C. Gen. Stat. § 20-158 generally requires a driver facing a steady red signal to stop and not enter the intersection, subject to rules governing a lawful turn after stopping.

The insurer may dispute whether the light was red, whether the pedestrian signal permitted crossing, or where the impact occurred. Useful evidence may include:

• Traffic-signal or pedestrian-signal sequencing information.
• Video from buses, nearby businesses, traffic cameras, or other vehicles.
• Statements from passengers, drivers, people waiting at the bus stop, or other witnesses.
• 911 recordings, dispatch records, photographs, and body-camera footage.
• The collision report, officer notes, diagrams, measurements, and recorded statements.
• Photographs showing lane markings, the crosswalk, stop lines, signs, sight obstructions, and the bus stop’s location.

Some video is retained only briefly. Identifying possible cameras and sending appropriate preservation requests promptly may prevent useful evidence from being overwritten.

How North Carolina Contributory Negligence Affects the Claim

North Carolina allows contributory negligence as a defense. If the defense proves that an injured pedestrian failed to use reasonable care and that this failure helped cause the collision, the defense can create a serious barrier to recovery.

The insurer might argue that the pedestrian crossed outside the crosswalk, entered against a signal, failed to keep a reasonable lookout, or moved suddenly into the vehicle’s path. Those are allegations, not established facts. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving that defense.

Evidence should therefore address both sides of the event: what the driver did wrong and why the pedestrian’s actions were reasonable. The signal phase, visibility, lighting, traffic flow, direction of travel, impact location, and witness observations may all matter. An adjuster’s statement that you caused the accident is not a substitute for a complete investigation.

Medical Documentation and Causation Still Matter

Proving fault is only one part of a North Carolina pedestrian injury claim. The records must also connect the collision to the injuries and losses being claimed.

When a person reports losing consciousness and later experiencing memory problems, contemporaneous emergency records can be particularly important. Later medical records should accurately document reported symptoms, treatment, provider instructions, and changes over time. Chiropractic records, bills, visit summaries, diagnostic reports, and records from any other treating providers should be preserved together.

If memory of the collision is incomplete, it is better not to guess. The police materials, 911 recording, witness accounts, medical records, and physical evidence may provide details the injured person cannot independently recall. Prior medical records may also be relevant if an insurer argues that symptoms existed before the collision.

Documents to Gather After a Liability Denial

A denial letter is not necessarily the end of the claim. Preserve the insurer’s stated reasons and collect the information needed to evaluate those reasons:

• The written denial and all adjuster emails, letters, and claim notes available to you.
• The police report and any supplemental report.
• The complete file from the prior attorney, including correspondence and evidence requests.
• Names, phone numbers, and addresses for potential witnesses.
• Photographs or video of the scene, injuries, clothing, and personal property.
• Emergency, chiropractic, and other medical records and itemized bills.
• Health insurance statements and records of out-of-pocket expenses.
• Employment records if time away from work is part of the claim.
• A timeline of symptoms, appointments, and important claim communications.

The police report is a useful starting point, but it may not contain every relevant fact. Officer notes, diagrams, recorded statements, photographs, and 911 materials can reveal information that does not appear in the standard report.

How This Applies to the Reported Durham Collision

Based on the facts described, the central dispute is likely to be whether the driver entered against a red light and whether the pedestrian was crossing within a legally recognized crossing area or otherwise acted reasonably. The nearby bus stop may help identify witnesses or possible video sources. The exact point of impact and the location of the crosswalk markings should also be compared with the police diagram and scene photographs.

The alleged loss of consciousness may explain why the injured person cannot provide a complete account of every second before impact. It also makes contemporaneous records and independent witnesses especially useful. The prior attorney’s file should be reviewed for witness information, insurer statements, photographs, preservation letters, and any records already requested.

Timing should not be ignored. Many North Carolina negligence lawsuits involving personal injuries must be filed within three years, although a different rule may apply in some situations. Negotiating with an insurer or asking it to reconsider a denial does not automatically extend the filing deadline.

Practical Steps After the Insurer Blames You

1. Save the denial. Keep the letter or email that explains why the insurer rejected liability.
2. Obtain the prior file. Confirm that the complete file includes reports, photographs, witness details, medical records, and insurer communications.
3. Preserve outside evidence. Identify buses, businesses, residences, or vehicles that may have recorded the collision.
4. Organize medical documentation. Keep records, bills, visit summaries, and written provider instructions in date order.
5. Avoid guessing about missing details. If loss of consciousness or memory problems affect recall, state that accurately rather than filling in gaps.
6. Track the deadline. Do not assume that an open claim, denial review, or settlement discussion pauses the time for filing a lawsuit.