Pedestrian & Bicycle Accident in Charlotte: Your Rights When a Car Hits You

Call 911 immediately or have someone call for you. Pedestrian and bicycle crashes often produce serious injuries that require emergency medical transport. If you are conscious and able, stay at the scene. Give the 911 dispatcher your location, describe the vehicle that hit you, and report your injuries.

If the driver stops, get their name, phone number, driver's license number, insurance information, and license plate number. If the driver flees, note everything you can — vehicle color, make, model, license plate (even partial), direction of travel. A hit-and-run involving a pedestrian or cyclist is a felony in NC (N.C.G.S. § 20-166(a)).

CMPD will respond and create an accident report. The officer will document the location, traffic signals, crosswalk markings, and both the driver's and your accounts of what happened. Get the report number. Under contributory negligence, the police report documenting the driver's fault is crucial evidence.

If you are physically able, photograph the scene: the vehicle that hit you (damage, license plate), the intersection or road where the crash occurred, crosswalk markings (or lack thereof), traffic signals, road conditions, and any debris. Photograph your injuries — road rash, bruising, swelling, torn clothing, damaged helmet, damaged bicycle.

Get witness contact information. Other pedestrians, cyclists, nearby business employees, and drivers who saw the crash can provide statements about the driver's behavior — speeding, running a red light, texting, failure to yield at a crosswalk. Witness statements are critical in contributory negligence cases because the insurer will try to blame you.

Check for surveillance cameras on nearby businesses, traffic cameras, and dashcams from other vehicles. Evidence that the driver ran a red light or was looking at their phone is powerful. Ask businesses to preserve footage before it is overwritten.

Pedestrian and bicycle crash injuries are typically far more severe than car-to-car crash injuries because your body absorbs the full force of impact. Common injuries include traumatic brain injuries (even with a helmet, the force of impact can cause concussions and subdural hematomas), spinal cord injuries, pelvic and hip fractures, multiple bone fractures, internal organ damage, severe road rash and skin grafting injuries, and facial trauma.

Accept EMS transport to the hospital if offered. Atrium Health Carolinas Medical Center (Level I trauma center) handles the most severe pedestrian and cyclist injuries in Charlotte. If you are not transported, get to an ER or urgent care within hours. Many injuries — internal bleeding, concussions, fractures — may not be immediately apparent.

Follow every treatment recommendation meticulously. Pedestrian and bicycle injuries often require surgery, long-term rehabilitation, and ongoing specialist care. Your medical records form the basis of your compensatory damages claim.

Insurance companies aggressively raise contributory negligence in pedestrian and bicycle cases. Common arguments: you were jaywalking or crossing outside a crosswalk, you crossed against a red or 'Don't Walk' signal, you were wearing dark clothing at night without reflective gear, your bicycle lacked required lights or reflectors (N.C.G.S. § 20-129(e) requires a front light and rear reflector for night riding), you were riding on the wrong side of the road, or you were distracted by your phone.

Under NC's pure contributory negligence rule, any of these arguments — if the insurer can prove them — bars your entire recovery. You get nothing. This is true even if the driver was speeding, texting, or ran a red light. The harshness of this rule makes North Carolina one of the most dangerous states to be a pedestrian or cyclist involved in a crash.

Your defense is documentation and the statutory duties drivers owe to vulnerable road users. Under N.C.G.S. § 20-174(e), drivers must exercise due care to avoid colliding with any pedestrian and give warning by sounding the horn when necessary. This statutory duty supports your argument that the driver — not you — was the negligent party.

The last clear chance doctrine is especially powerful in pedestrian and bicycle cases. Even if you were jaywalking or riding without a light, if the driver saw you (or should have seen you) and had time to slow down, stop, or swerve to avoid hitting you but failed to do so, your contributory negligence may be excused.

Courts have applied this doctrine in cases where a pedestrian was in the roadway and the driver had ample time and distance to stop. The key question: did the driver have the last clear chance to avoid the collision? If yes, your negligence is excused. An experienced NC personal injury attorney will build your case around this doctrine when contributory negligence is raised.

If you own a vehicle and carry auto insurance, your UM/UIM coverage may apply to your pedestrian or bicycle accident — even though you were not in your car at the time. NC mandates UM/UIM coverage on all auto policies, and many policies cover the policyholder regardless of whether they are in a vehicle. Check your policy language.

The driver who hit you is liable under their auto insurance. NC's 50/100/50 minimum (as of July 2025) applies. For severe pedestrian injuries — which often generate six-figure medical bills — minimum coverage may be insufficient. Your UIM coverage fills the gap. If the driver is uninsured or flees (hit-and-run), your UM coverage applies.

If you do not own a car and do not carry auto insurance, you may still be covered under a household member's policy or the driver's policy. An attorney can identify all available coverage sources.

North Carolina's statute of limitations for personal injury is 3 years from the date of injury (N.C.G.S. § 1-52). Wrongful death claims have a 2-year deadline (N.C.G.S. § 1-53). If a government entity is liable (poor crosswalk design, missing signals, road defects), shorter notice requirements may apply.

Preserve evidence immediately. Traffic camera footage, business surveillance video, and dashcam recordings are overwritten quickly. Bicycle damage, helmet damage, and torn clothing should be preserved as physical evidence. File your claim promptly.

Hit by a car while walking or cycling in Charlotte? Take our free 2-minute assessment. Answer a few questions about the crash and your injuries, and we will provide a personalized report covering fault analysis, contributory negligence risks, insurance coverage, and your potential recovery — then connect you with a Charlotte personal injury attorney experienced in pedestrian and bicycle crash cases.

As a pedestrian or cyclist, you had no protection when a multi-ton vehicle hit you. North Carolina law requires drivers to exercise due care to avoid hitting pedestrians and cyclists. If the driver failed that duty, you deserve compensation — but the contributory negligence rule means you need to handle your claim carefully from the start. The assessment is free, confidential, and takes two minutes.