Charleston, SC, is rich in history, charm, and pedestrian activity. Its cobblestone streets and lively urban areas are bustling with foot traffic. However, these characteristics also make pedestrian accidents a concerning reality.
If you’ve been involved in such an accident, understanding your rights is essential for protecting your health, securing compensation, and navigating the complex legal landscape.
Your Rights as a Pedestrian in South Carolina
Pedestrians have specific protections under South Carolina law. Motorists must keep a proper lookout and exercise due care to avoid collisions with pedestrians and yield at designated crosswalks. When these responsibilities are neglected, pedestrians have the right to seek compensation for injuries and damages.
In addition to state traffic laws, pedestrians injured due to a driver’s negligence may pursue claims for medical expenses, lost wages, pain and suffering, and other damages. Familiarizing yourself with these rights is the first step in reclaiming control after an accident.
Determining Liability in Pedestrian Accidents
Liability in pedestrian accident cases typically revolves around negligence. Drivers may be at fault for distracted driving, speeding, failing to yield, or operating a vehicle under the influence.
However, South Carolina’s comparative negligence law allows pedestrians who share partial fault to still recover damages, provided their fault does not exceed 50%. For example, a pedestrian crossing against the light may still seek compensation if the driver also acted recklessly. When pedestrians are killed, they are often initially placed at fault because law enforcement does not get to obtain their side of the story. The investigating officers usually do not witness the accident, so their conclusions about fault are usually not admissible in court.
What to Do After a Pedestrian Accident
In the aftermath of a pedestrian accident, it’s easy to feel overwhelmed. Taking the proper steps can protect your health and strengthen your case:
1. Seek Medical Attention Immediately
Even if your injuries seem minor, getting a medical evaluation is vital. Some injuries, such as internal trauma, may not be immediately visible. Medical records also serve as key evidence.
2. Document the Accident Scene
Use your phone to photograph the location, injuries, and visible damage. Take note of road conditions, weather, and traffic signs that may be relevant.
3. Gather Witness Information
Collect contact details of anyone who saw the accident. Witnesses can provide crucial testimony to support your claim.
4. File a Police Report
A police report offers an official account of the incident, which is essential when negotiating with insurance companies or presenting your case in court.
5. Contact a Pedestrian Accident Lawyer
An experienced pedestrian accident lawyer in Charleston, SC, can help you navigate the legal process, protect your rights, and pursue the maximum compensation you’re entitled to.
Types of Compensation Available
Victims of pedestrian accidents can seek various types of compensation depending on the severity of their injuries and the impact on their lives:
Economic Damages – These include tangible expenses like medical bills, lost wages, and rehabilitation costs.
Non-Economic Damages – These cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages – In extreme negligence or recklessness cases, punitive damages may be awarded to discourage similar behavior.
The Role of a Pedestrian Accident Lawyer
Dealing with insurance companies can be one of the most challenging aspects of a pedestrian accident claim. Their primary goal is to minimize payouts, often leaving victims with insufficient compensation. An experienced attorney can level the playing field by:
- Negotiating with insurance adjusters to secure a fair settlement.
- Representing you in court if a settlement cannot be reached.
Common Challenges in Pedestrian Accident Cases
Pedestrian accident cases can be complex due to the following factors:
Disputed Liability – Drivers may argue that the pedestrian was at fault for the accident, even in cases of clear negligence.
Insurance Company Tactics – Adjusters may offer lowball settlements or deny valid claims.
Difficulty Proving Damages – Non-economic damages like emotional trauma and pain can be hard to quantify without proper legal representation.
A knowledgeable lawyer ensures these challenges are addressed effectively, giving you the best chance of securing the compensation you deserve.
Why Choose Bringardner Injury Law Firm?
Bringardner Injury Law Firm in Charleston, SC, provides experienced legal representation to individuals affected by pedestrian accidents. Their team understands the physical, emotional, and financial toll these incidents take and offers compassionate guidance tailored to your situation.
Whether it’s a pedestrian accident, premises liability, wrongful death, or you’re looking for a car, bicycle, or truck accident lawyer, they are dedicated to protecting your rights and securing the compensation you deserve. Let their expertise ease your legal burdens so you can focus on recovery.
Contact Bringardner Injury Law Firm for a consultation. Their commitment to justice ensures your voice will be heard and your case handled with care.
About the Author
At Bringardner Injury Law Firm, we handle personal injury, pedestrian accidents, and wrongful death cases. Focusing on protecting victims’ rights, we strive to provide clear, actionable advice to our clients to empower them to seek justice. If you are interested in a free consultation to potentially become a client, please contact us today.