Pedestrian accidents are often caused by driver inattention or failing to yield the right of way to pedestrians in crosswalks. In some cases, however, drivers may claim that the pedestrian was at fault for the accident and that they should not be liable for the pedestrian’s injuries and other damages.
The way that you can determine whether a pedestrian was fully or partially at fault for an accident is to look at the circumstances surrounding the accident. The law requires people to exercise reasonable care at all times. For example, drivers are expected not to speed, and pedestrians are expected to follow the rules of the road. If either party fails to use reasonable care and causes an accident, the law typically considers them “at fault” and liable for any resulting damages.
Who Determines Fault in Pedestrian Accidents?
After a pedestrian accident, the police may show up at the scene and make a preliminary determination about the fault. They may issue tickets to either the driver or the pedestrian (or both), and their report may assign fault to one or both parties.
However, the traffic collision report is not admissible in South Carolina civil court. Often times, the pedestrian has serious injuries and is taken to the hospital from the scene, or killed. In these situations, law enforcement may not have the opportunity to ask the pedestrian for their version of events, and mark the pedestrian at fault.
That said, in most cases, the insurance companies involved will evaluate the case and determine whether they will concede liability for the accident. When an insurance company concedes liability, it means that it will pay for the other party’s accident-related losses.
Many of Bringardner Injury Law Firm’s largest settlements are from cases where our clients were initially found partially or totally at-fault by the police. Through conducting our own independent investigations, we have been able to prove that many of our clients were not at fault at all, despite what the initial police report stated.
Injured in an Accident? Call Our Office Today to Schedule a Free Consultation
If you have been injured in a traffic accident – as a pedestrian or otherwise – it’s in your best interest to contact an attorney right away. At the Bringardner Law Firm, we know how to get our clients the compensation they deserve, and we will only collect legal fees if we win your case. To schedule a free case evaluation, call our office today at 843-380-5299 or contact us online.
FAQs
If you were partially at fault for your pedestrian accident, can you still recover?
Yes. Under South Carolina law, as long as you were less than 50.1% responsible for your accident, you can recover compensation.
Do you need a lawyer to obtain compensation after a pedestrian accident?
It is highly advisable to retain an attorney or any accident involving injuries, especially pedestrian accidents because liability is usually heavily disputed by the insurance companies.
How much are pedestrian accident cases worth?
The value of your pedestrian accident case will depend on a number of factors, including the severity of your injuries and your prognosis.