Why the insurance company is raising this issue

When an insurer says you were partly at fault, it is usually trying to reduce or defeat the claim. In North Carolina, that matters more than in many other states because contributory negligence can create major problems for an injured person if the defense can show the person’s own negligence helped cause the injury.

That does not mean the insurer wins just because it says so. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proof. In plain English, the insurance company or driver does not get to shift blame without evidence.

In a pedestrian case, insurers often look for facts they can use to argue that the pedestrian stepped out suddenly, crossed outside the proper area, ignored signals, was distracted, or was hard to see. That is why it is important to focus on the actual evidence instead of the adjuster’s wording.

What North Carolina law says about crosswalks and pedestrians

If you were crossing in a marked crosswalk, that fact may be important. Under N.C. Gen. Stat. § 20-173, drivers generally must yield to pedestrians in a marked crosswalk when traffic-control signals are not in place or not operating. The same statute also says a driver approaching from the rear should not pass a vehicle stopped at a marked crosswalk to let a pedestrian cross.

North Carolina law also says that even outside a crosswalk context, drivers must use due care to avoid hitting pedestrians. Under N.C. Gen. Stat. § 20-174, a pedestrian may have duties depending on where and how the crossing happened, but drivers still must exercise due care to avoid a collision.

So if the crash happened in a marked crosswalk in Durham, the insurer’s blame argument should be tested against the roadway layout, signals, visibility, vehicle movement, witness accounts, and the driver’s actions.

What you should do right away if fault is being disputed

1. Do not give a casual recorded statement without preparation. Adjusters often ask broad questions that can later be used to argue you admitted fault, guessed about timing, or were unsure where you were standing.

2. Ask for the reason in writing. If the insurer says you were partly at fault, ask what facts it is relying on. That may reveal whether it is pointing to the crosswalk location, lighting, traffic signal timing, visibility, or something you allegedly said.

3. Preserve the scene evidence. Save photos of the crosswalk, intersection, lane markings, traffic signs, signal equipment, debris, clothing, shoes, and visible injuries. If nearby businesses or homes may have video, time matters.

4. Get the crash report and identify witnesses. A police report is not the final word, but it can help locate the driver, witnesses, and basic scene details. The fact that the driver was not charged does not automatically mean the driver was not negligent.

5. Keep your medical records organized. Emergency room records, ambulance records, imaging, discharge papers, follow-up visits, and bills can help show both the seriousness of the event and whether your account has been consistent from the beginning.

6. Be careful with social media and informal messages. Photos, comments, and short texts can be taken out of context if fault is disputed.

Evidence that can help answer the fault question

In a Durham pedestrian accident, the strongest response to a blame argument is usually specific evidence, not a broad denial. Helpful evidence may include:

• Photos or video showing the marked crosswalk and your path of travel

• Traffic signal timing or whether signals were operating

• Witness statements about whether you were already in the crosswalk

• The police report and any diagrams

• Vehicle damage location and point of impact

• Body camera, dash camera, or nearby surveillance footage

• 911 call records

• Ambulance and emergency room records documenting what was reported soon after the collision

• Clothing, shoes, backpack, phone, or other items showing damage or position

One practical point matters here: contributory negligence is not presumed just because a person was injured in the roadway. The defense still needs evidence that the pedestrian acted negligently and that the conduct helped cause the injury. That means details matter.

How this applies to the facts described

Here, the reported facts say the pedestrian was struck while crossing in a marked crosswalk and was taken by ambulance to the emergency room, where imaging was done for injuries involving the ankle, shoulder, knee, hips, and pelvis. Those facts suggest a significant event and make early documentation especially important.

If the insurer tries to say the pedestrian was partly at fault, the key questions may include:

• Was the pedestrian already established in the marked crosswalk when the vehicle approached?

• Were traffic-control signals present and, if so, what were they showing?

• Did the driver have a clear opportunity to see the pedestrian?

• Was another vehicle stopped at the crosswalk?

• What do the police report, witness statements, and medical records say about how the impact happened?

The concern that the driver was not charged is understandable, but a traffic charge and a civil injury claim are not the same thing. A driver can avoid a citation and still face a negligence claim, and the absence of a charge does not settle the insurance dispute.

If you want more background on crosswalk claims, a related article explains whether you may bring a claim after being hit in a crosswalk. Another helpful overview discusses how fault may be shown when police responded and you were taken to the hospital.

Common mistakes to avoid

• Guessing about details. If you do not know the speed, signal phase, or exact distance, do not guess.

• Using apologetic language. People often say “maybe I should have seen the car” out of stress, not because it is legally accurate.

• Waiting too long to gather evidence. Video can disappear, witnesses can become harder to find, and scene conditions can change.

• Assuming claim talks stop the clock. Insurance discussions do not automatically extend the deadline to file suit. In many North Carolina personal injury cases, timing issues are governed by N.C. Gen. Stat. § 1-52, which generally includes a three-year limit for many injury claims.

• Thinking no ticket means no case. Civil fault is evaluated differently from whether law enforcement issued a charge.

If you were hit while walking, you may also find it helpful to read how a pedestrian insurance claim is usually started.

Documents and information to gather

• Crash report number and responding agency information

• Driver’s name, insurer, claim number, and adjuster contact information

• Photos of the crosswalk, intersection, and injuries

• Names and contact information for witnesses

• Ambulance records, emergency room records, imaging reports, bills, and visit summaries

• Any letters, emails, texts, or voicemails from the insurer

• Your own written timeline of what happened while the memory is still fresh