Spartanburg’s charming streets and vibrant downtown area are perfect for exploring on foot. However, a moment of carelessness by a driver can turn your leisurely stroll into a life-altering event.
Pedestrian accidents, while less frequent than car accidents, often result in severe injuries due to the lack of protection for pedestrians.
If you’ve been struck by a vehicle while walking in Spartanburg, the aftermath can be overwhelming. Medical bills pile up, and navigating the legal system can feel like an uphill battle.
Here’s where the CEO Lawyer Personal Injury Law Firm steps in.
Why You Need a Spartanburg Pedestrian Accident Attorney for Your Spartanburg Pedestrian Accident Case
- Understanding the Pedestrian’s Perspective: Our Spartanburg pedestrian accident lawyers aren’t just legal professionals; they’re advocates for pedestrian safety. We understand the challenges you face and the emotional toll an accident can take.
- Proven Track Record of Success: We have a well-deserved reputation for securing maximum compensation for our clients in pedestrian accident cases throughout South Carolina. Let our experience work for you.
- Aggressive Representation: We won’t settle for lowball offers from insurance companies. Our skilled negotiators will fight to get you the compensation you deserve for your medical expenses, lost wages, pain and suffering, and any long-term disability resulting from the accident.
A Breakdown of South Carolina Pedestrian Laws
Spartanburg’s bustling streets are shared by pedestrians and vehicles. To promote safety for everyone, South Carolina has established clear laws outlining the rights and responsibilities of both pedestrians and drivers.
Here’s a comprehensive breakdown of these crucial pedestrian laws.
Pedestrian Right-of-Way
- Crosswalks: Pedestrians are granted the right-of-way within clearly marked crosswalks, even in the absence of traffic control signals. Drivers must yield the right-of-way to pedestrians crossing the roadway within a marked crosswalk, slowing down or stopping if necessary.
- Intersections: Pedestrians have the right-of-way when crossing at intersections with traffic signals that display a walk signal.
Pedestrian Responsibilities
- Crosswalk Use: Pedestrians are encouraged to use marked crosswalks whenever available.
- Yielding Right-of-Way: If there is no marked crosswalk present, pedestrians must yield the right-of-way to oncoming vehicles before crossing the roadway.
- Sidewalk Usage: When sidewalks are provided, and their use is practicable, pedestrians must walk on the sidewalk.
- Road Shoulder: If no sidewalk is available, pedestrians walking along a highway must use the shoulder as far as practicable from the edge of the roadway.
- Left-Side Walking: When there is neither a sidewalk nor a shoulder, pedestrians walking along a two-way roadway must walk only on the left side of the roadway, facing traffic.
- Avoiding Distractions: Pedestrians should avoid distractions like cellphones or headphones while crossing streets to maintain awareness of their surroundings.
Driver Responsibilities towards Pedestrians
- Due Care: Drivers must exercise due care to avoid colliding with pedestrians and bicyclists. This includes maintaining a safe speed, being attentive to the road, and avoiding distractions like texting while driving.
- Yielding to Pedestrians in Crosswalks: Drivers must yield the right-of-way to pedestrians within a marked crosswalk, even if there are no traffic signals present.
- Refraining from Passing Stopped Vehicles at Crosswalks: Drivers are prohibited from passing another vehicle stopped at a marked crosswalk to allow a pedestrian to cross.
Additional Safety Measures for Pedestrians
- Nighttime Visibility: When walking at night, pedestrians should wear reflective clothing to improve visibility to drivers.
- Crosswalk Caution: Even when a pedestrian has the right-of-way, it’s crucial to maintain caution and make eye contact with drivers before crossing. Never assume a driver sees you.
Understanding Shared Responsibility
Accidents, whether pedestrian or rideshare-related, can be messy legal situations. South Carolina’s “comparative negligence” law adds another layer of complexity.
Here’s a breakdown to help you understand shared responsibility in accidents.
The Concept of Comparative Negligence
Unlike some states with a “contributory negligence” rule, South Carolina allows injured parties to recover damages even if they were partially at fault for the accident. However, the amount of compensation they receive is directly impacted by the percentage of fault attributed to them.
How Fault Is Determined
The court will analyze the specific circumstances of the accident to determine the percentage of fault assigned to each party involved. Here are some factors considered:
- Actions of Each Party: The court will evaluate the actions of all parties involved in the accident. For example, a driver might be found 70% at fault for speeding and running a red light, while a pedestrian who was jaywalking might be found 30% at fault for not using a designated crosswalk.
- Traffic Laws and Regulations: Violations of traffic laws or safety regulations can significantly impact the assigned fault percentage.
- Severity of Injuries: The severity of injuries sustained by each party might be considered when assigning fault.
Impact of Shared Responsibility
Let’s say you’re injured in a pedestrian accident, and the court determines you were 20% at fault for not using a crosswalk while the driver who struck you was 80% at fault for speeding and failing to yield. If the total value of your damages (medical bills, lost wages, pain, and suffering) is $100,000, your compensation award would be reduced by 20% due to your shared responsibility.
Therefore, you would receive $80,000.
The Importance of a Spartanburg Pedestrian Accident Law Firm
Understanding shared responsibility, and its impact on your potential compensation highlights the importance of a skilled personal injury lawyer. An attorney can:
- Investigate the Accident: They can gather evidence to determine the cause of the accident and identify all potentially liable parties.
- Negotiate with Insurance Companies: Insurance companies often try to minimize payouts, and a lawyer can effectively negotiate on your behalf to secure fair compensation.
- Fight for Your Rights in Court: If necessary, your lawyer will represent you in court and present a strong case to maximize your compensation award, even if you share some fault for the accident.
Common Causes of Pedestrian Accidents in Spartanburg
Understanding the common causes of these accidents is crucial to promoting safety for all who share the road.
Here’s a closer look at the dangers pedestrians face in Spartanburg:
- Distracted Driving: In today’s fast-paced world, driver inattention is a leading cause of pedestrian accidents nationwide, and Spartanburg is no exception. Texting while driving, talking on the phone, or adjusting the radio can divert a driver’s focus from the road, leaving pedestrians vulnerable.
- Driver Impairment: Driving under the influence of alcohol or drugs significantly impairs reaction time and judgment, increasing the risk of pedestrian accidents. If a driver is intoxicated, they may not see a pedestrian in time to stop.
- Failure to Yield Right-of-Way: Drivers turning right at intersections often fail to yield the right of way to pedestrians in crosswalks. This can be especially dangerous when pedestrians have the green light or are using a marked crosswalk.
- Speeding: Excessive speed gives drivers less reaction time to avoid pedestrians, particularly in areas with limited visibility or heavy pedestrian traffic. Speeding drivers are more likely to cause severe injuries or fatalities in the event of a collision with a pedestrian.
- Poor Visibility: Nighttime accidents and accidents during bad weather conditions, like rain, fog, or snow, can be particularly dangerous for pedestrians. Limited visibility makes it harder for drivers to see pedestrians crossing the street.
- Improper Infrastructure: Lack of crosswalks, inadequate lighting in pedestrian areas, or poorly designed intersections can contribute to pedestrian accidents. Spartanburg, like many cities, is constantly working to improve its pedestrian infrastructure, but there’s still room for improvement.
- Pedestrian Distractions: While driver distraction is a major concern, pedestrians can also contribute to accidents by being inattentive. Walking while using a cell phone, listening to music with headphones, or simply not being aware of your surroundings can increase the risk of being hit by a vehicle.
Protecting Yourself on Spartanburg’s Streets
Here are some safety tips for pedestrians in Spartanburg:
- Use Marked Crosswalks: Always use designated crosswalks whenever possible and follow all pedestrian signals.
- Maintain Awareness: Avoid distractions like cellphones or headphones while walking. Pay attention to traffic and make eye contact with drivers before crossing the street.
- Be Predictable: Walk in a straight line and avoid erratic movements that could confuse drivers.
- Increase Visibility at Night: Wear reflective clothing or carry a flashlight when walking at night to improve your visibility to drivers.
- Use Sidewalks When Available: When sidewalks are provided, use them and avoid walking in the street.
What to Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, here are some crucial steps to take:
- Seek Medical Attention: Your health is the top priority. Get immediate medical attention to diagnose and treat your injuries.
- Report the Accident: File a police report to create an official record of the accident.
- Gather Evidence: If possible, take pictures of the accident scene, your injuries, and any traffic violations by the driver. Collect witness information if available.
- Contact a Spartanburg Pedestrian Accident Lawyer: An experienced attorney can protect your rights, guide you through the legal process, and fight for fair compensation for your injuries.
Unearthing Uncommon FAQs on Spartanburg Pedestrian Accidents
Spartanburg’s charm extends beyond its streets, but pedestrian accidents can leave you stranded in a legal mess. Here are some unique FAQs to shed light on the intricacies of Spartanburg’s pedestrian laws, venturing beyond the usual.
My Dog Pulled Me into Traffic, and I Got Hit by a Car. Does Spartanburg Have Leash Laws That Could Affect My Case?
Spartanburg leash laws mandate that all dogs be restrained by a leash no longer than six feet when in public areas. While not directly addressing pedestrian accidents, a violation of this leash law could strengthen your case against the driver if the court finds the unleashed dog a contributing factor to the accident.
I Was Struck by a Delivery Driver on a Scooter. Do Regular Traffic Laws Apply to Electric Scooters in Spartanburg?
Yes, electric scooters are classified as micro-mobility devices and are subject to the same traffic laws as bicycles in Spartanburg. This means the scooter driver would be held to the same responsibility standards as a car driver when it comes to pedestrian safety.
I Witnessed a Hit-and-Run Pedestrian Accident, But I Didn’t Get the License Plate Number. Can My Statement Still Help the Victim’s Case?
Absolutely! Even without the license plate number, your eyewitness testimony can be crucial in piecing together the events of the accident and potentially identifying the at-fault driver. Your description of the vehicle, the driver’s appearance, and the time and location of the accident can be valuable evidence for the police investigation.
I Was in a Crosswalk with the Walk Signal When a Car Turned Right and Hit Me. Does Spartanburg Have Laws Regarding Right Turns on Red Lights for Drivers?
South Carolina traffic law allows right turns on red lights after coming to a complete stop and ensuring the maneuver can be made safely without pedestrians in the crosswalk. If the driver violated this law by failing to yield to you in the crosswalk, it strengthens your case.
What if I Was Walking My Child in a Stroller When We Were Hit by a Car? Are There Specific Laws Regarding Pedestrian Accidents with Children in Spartanburg?
While there are no separate laws solely for pedestrian accidents with children, South Carolina requires all pedestrians to exercise due care for their safety and the safety of others. This includes adult pedestrians taking responsibility for the safety of children in their care while walking.
Don’t Let Legal Roadblocks Slow You Down
Spartanburg pedestrian accidents can be complex. Ali Awad, the CEO Lawyer, is the founder and managing attorney of one of the fastest-growing law firms in the United States.
Ali has over one million followers on social media who come to him for personal injury advice of all types. The CEO Lawyer’s team of experienced attorneys has handled cases just like yours and boasts a success rate of over 99.5%
Contact the CEO Lawyer Personal Injury Law Firm today for a free consultation. Call (864) 664-3865 or visit our website.
