SC Pedestrian Accident Attorney


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Mark won my case and got me a big settlement. Before I hired Mark, I didn’t know where to get my car fixed, which doctor I should go to, or what to do about missing time from work. Mark took care of everything and answered all of my questions. Mark and his team were there every step of the way and took the burden off of me and my family. He was always available to talk to me whenever I had a question. I would highly recommend him to anyone who needs an attorney.

Erin - Charleston

Free Case Evaluation

Filling out the form below and scheduling a free case evaluation is an important step towards obtaining justice in your injury case.

The National Highway Traffic Safety Administration (NHTSA) says “at some point in the day, everyone is a pedestrian.” Despite many pedestrian awareness safety campaigns aimed at both pedestrians and motorists, pedestrian accident s, injuries and fatalities remain high. According to the latest data available, in 2018 there were 6,238 pedestrian deaths nationwide, the most deaths since 1990 and a 3% increase from the year prior. The CDC estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries in 2107.

NHTSA data does not account for non-traffic accidents which occur in driveways or parking lots. The National Center for Health Statistics (NCHS) estimates 7,680 pedestrians died in traffic or non-traffic incidents in 2018. This is an additional 1,442 deaths from NHTSA figures. Pedestrian accidents involving a person on foot and a motor vehicle can occur anywhere:

  • Crosswalks
  • Intersections
  • Parking lots / parking garages
  • Rural roads.

If you have been hurt, or a loved one has died, due to being struck by a car in South Carolina, attorney Mark Bringardner can help you recover the maximum, full and fair compensation you are entitled to for your medical care expenses, rehabilitation, lost earnings, and pain and suffering. If a loved one was killed in a pedestrian accident, a surviving spouse, children or other heirs may be entitled to wrongful death compensation for funeral expenses, final medical expenses, loss of financial support, and other damages.

Pedestrian Accident Statistics

According to NHTSA reports, in 2018, most pedestrian deaths occurred:

  • At night (76%).
  • On the open road (74%) vs. intersections (25%)
  • In urban settings (79%).

Of all the days of the week, the largest number of fatalities occurred on Saturdays (1,031), and in keeping with trends, the majority of these deaths occurred at night (837).

Causes of Pedestrian Accidents

Drivers are responsible for looking out for pedestrians on South Carolina roads. The major causes of pedestrian accidents are distracted driving, drunk driving, speeding, and failing to yield. A common scenario is a left turn accident where a driver is yielding to oncoming traffic. They may look for other vehicles, even motorcycles and bicyclists, but fail to look for pedestrians. Slower moving elderly adults, disabled people, and children are especially vulnerable to being struck by a car. Quiet hybrid and electric vehicles are also more likely to hit pedestrians, as they may not be able to hear them coming from behind.

Types of Pedestrian Accident Injuries

Pedestrians are extremely vulnerable to catastrophic, life-changing injuries or death when struck by a vehicle. Generally, the faster a vehicle is travelling, the more serious the impact and more serious the injury. The most common injuries we see in South Carolina pedestrian accidents include:

  • Bone fractures
  • Blunt force injuries
  • Traumatic brain injuries
  • Spinal cord injuries.
  • Death

What to do Following a South Carolina Pedestrian Crash

You should seek medical treatment as soon as possible following a pedestrian accident. This will establish the link between the accident and your injuries and create a record of the medical treatment you needed. You should never delay treatment or wait to see a doctor following an accident. When possible, you should take down notes about the accident, including:

  • Time of the accident
  • Exact location of accident
  • Where you were coming from and what you were doing
  • The direction the vehicle that hit you was coming from
  • Any statements made by parties involved
  • Names and contact information of parties involved and witnesses.

If you are unable to write, this information can be recorded in a voice memo, or relayed to a family member or witness. If you are able to safely do so, take photographs of the accident scene, your injuries, tire skid marks, damaged vehicles and any damaged property, like damaged stop signs or light poles. If someone did not report the accident to the police, do so immediately. The police report will be important evidence and documentation of accident details and parties involved.

You will need to report the accident to your insurance company, if you have one. Your own car insurance policy may cover you even if you were not driving. Even if you partially contributed to the accident, under South Carolina comparative negligence laws, you may be entitled to partial compensation. A lawyer can also help establish and negotiate down the amount that you may have contributed to the accident.

Talk to a Lawyer About Your Pedestrian Accident Case

An experienced South Carolina pedestrian accident attorney can help you recover compensation for your injuries following an accident. Once you hire an attorney, they can handle communications with insurance adjusters, conduct additional investigations as necessary, and negotiate a settlement in a pedestrian accident lawsuit. Contact attorney Mark Bringardner today for a free consultation. As part of our contingency fee agreement, you will owe nothing unless we recover money for you.

 

The Auto Accident Claims Process

You are Injured in An Accident

What should I do after an accident?

Immediately after an accident, if you are injured, you should call 911 and seek immediate medical attention. This may seem obvious if you have pain at the scene of the collision, but often times injury victims may not feel pain until the adrenaline wears off, hours or even days after an accident. Any delay in seeking medical attention and the appropriate diagnostic testing could lead to problems down the road. Next, before contacting any insurance company, it can be smart to consult an experienced South Carolina accident attorney to protect your rights.

You will likely want to make sure that your medical records, bills, lost income, and other issues are being handled and documented properly.

Does health insurance pay for your medical bills? Does the other person’s insurance company pay? What is Medpay? How do you submit a claim for lost income? Should you go to your primary care doctor or a specialist? What if you don’t have a doctor? Who fixes your vehicle? Where do you take your vehicle? These are questions an experienced South Carolina personal injury attorney can assist you with. It may also be a good idea to have your attorney conduct an investigation on your behalf as soon as possible so important evidence does not get lost.

How do I hire Bringardner Injury Lawyers?

First, you should call our office and speak with us directly about your case. Or, you can fill out our online form and we will call you as soon as possible to go over your claim and answer all of your questions. We are happy to meet with you in-person, through a virtual conference, or over the phone.

If you decide to hire us, we will send you the necessary paperwork so we can immediately begin working on your case.

So I've Hired A Lawyer. Now What?

When you hire us, we immediately go to work on your case. We will deal with the insurance company, the investigation, gathering of your medical bills, and building your case.

After getting your vehicle repaired or replaced, you only have 1 job to do after hiring us. Get better. We want you to focus on your recovery and follow all your doctors' orders. Doing this will hopefully put you on the path toward a full recovery.

Building Your Case

Immediately after you hire us, we will begin building your case. First, we will send a letter to the insurance company stating that you have retained representation, and that they are not allowed to contact you directly. They must go through us.

The Investigation

We quickly start investigating your accident by obtaining witness statements, obtaining evidence, gathering your medical records, calculating your wage losses and future medical bills, and any other damages you may have suffered as a result of your accident. Your only job is to go to the medical appointments and try to get better.

Settlement Negotiations

What's a Settlement?

A settlement is typically a sum of money paid by an insurance company. The vast majority of cases settle before going to court. However, we prepare all of our cases for a trial if that becomes necessary. We will fight to the fullest extent of the law to try and get you full and fair compensation.

How Long Will It Take?

Typically clients want to know two things: How much is my case worth and how long will it take? No lawyer knows the answers to those questions when you first hire them. The fact of the matter is that there are hundreds of factors that will determine the answers. Early in the case, you may not know the extent of any permanent injuries for which you may need compensation, and you may not know the total amount of your medical bills until a later date. Once your condition stabilizes and our investigation into the case is completed, your South Carolina accident attorney will be able to give you a more informed legal opinion. At that time a “demand” is typically sent to the insurance company to begin the potential settlement process.
Once a demand is sent to the insurance company, the insurance company usually responds after completing an evaluation of your case. At that point, your accident attorney will discuss the insurance company's response with you. If you are not satisfied with the insurance company's settlement offer or response, and no settlement is reached, then the next step is for your accident attorney to file a lawsuit. Most settlements are paid within 4 weeks of being accepted. However, if an acceptable settlement is not reached at this phase, the next step is for us to prepare and file a lawsuit.

Filing a Lawsuit

Filing The Complaint

Most of the time, auto accident cases are resolved in a settlement, but in some instances, they require a lawsuit to get resolved. In this instance, the first step is for your auto accident attorney to write a legal document called a complaint. The complaint is filed at the courthouse, and then the defendant (more likely his insurance company) will have an attorney file a formal response with the Court. Filing a lawsuit does not mean that you are going to trial. Again, the vast majority of lawsuits also settle before trial. People often think they are “going to court” if the file a lawsuit. In layman’s terms, the filing of a lawsuit simply takes the case out of the informal setting between your lawyer and the insurance company and formally puts it in into the court system so that a judge can assist with any legal disputes that arise.

Discovery

The discovery phase begins after a lawsuit is filed. This phase of the case allows both sides to ask questions and obtain additional documents that may not have been available without a subpoena. The purpose is to “discover” the other side's evidence, and learn more about the opposing party's case. This is done by many methods, including submitting requests for documents, and submitting interrogatories (questions in writing that the opposing party must answer) or depositions (in-person or videoconference interviews conducted by the attorneys.)

We will be by your side, every step of the way, to fight for a favorable outcome in your case.

Alternative Resolution Methods

At any point during the case, you can decide to settle your case. There are several ways to settle a case.

Negotiation

Sometimes cases settle on “the court house steps”. That means that the case settles right before trial. Often times, the threat of a jury trial is the only thing that encourages the insurance company to increase their settlement offer. That is because during your case, the settlement money is under their control. Once a trial begins, the insurance company loses some of that control and it is placed in the hands of the judge and/or jury – who may order a lot more money to be paid to you than what the insurance company wants to offer. Sometimes the most reasonable and fair settlement offers do not get made until right before a trial is scheduled to begin. Some cases even settle during or even after trial. While this is less common, it occurs from time to time.

Mediation

Mediation is a process where both parties meet in front of an agreed-upon mediator. Mediators are trained professionals who are skilled at moderating fair negotiations. The goal of mediation is a resolution, but if no resolution is reached, the case will continue on.
During The Course Of The Case, Both Parties May Also Engage In Direct Negotiations.

Trial

We prepare every case as if we are going to trial. We believe the best way to avoid trial and obtain the best settlement possible is to show the insurance company that we will accept nothing other than a fair settlement, and take it to a trial if it is necessary.

What Happens At Trial?

At trial, we will present your case in front of a jury or judge to let them decide the fair value of your case.

Resolution

At the end of trial, we typically receive a verdict, which can result in a judgement. Trial can take anywhere from a day to a week (or more) depending on the complexity of the case.

Get in touch with us today to get started on your free case review. After you submit your information, we will contact you as soon as possible before the end of the business day. We review all submissions as quickly as possible in the order in which they are received.