Pedestrians face significantly higher risks of severe injury or death compared to motorists, as they have no protection in accidents. According to the SC Department of Transportation, there were 179 serious injuries and 40 pedestrian fatalities in 2023.
The trend of increasing injuries is concerning, with pedestrian deaths comprising 15% of all traffic-related fatalities.
Pedestrian risks are heightened in the presence of motor vehicles, particularly in poor weather conditions, during twilight hours, and at night. Most pedestrian fatalities occur in urban areas, where motor vehicles are abundant and near pedestrians.
The two deadliest days of the year for pedestrians are typically Halloween and New Year’s Day, when pedestrian activity is at its peak.
If you have suffered a personal injury in a pedestrian accident, do not rely on insurance companies to provide fair compensation. You need an experienced injury attorney who will fight for every penny you deserve.
When Should You Contact Our Goose Creek Pedestrian Accident Attorneys?
Immediately! Achieving a favorable outcome in your accident injury case depends on swift action. Here’s what you can expect in the days following the accident:
- Insurance Company Tactics: The driver’s insurance company will attempt to prove the pedestrian was at fault to negate the claim, reduce the settlement, or even seek damages against the victim.
- Recorded Statements: The insurance company will call both parties for a recorded statement about the accident. They will scrutinize everything you say, even out of context, to strengthen their position. They are searching for weaknesses in your case during a highly stressful time.
- Quick Settlement Offers: Insurance companies often offer quick, lowball settlements. They know that injuries can cause lasting damage, requiring medical attention for weeks, months, or even years. They hope you won’t realize the full extent of your expenses, including hospital bills, surgeries, doctor visits, physical therapy, and more.
Our experienced Goose Creek pedestrian accident attorneys will protect your rights and guide you through the process. We offer:
- Free Consultation
- Communication Review
- Full Investigation
- Protection from Opposing Counsel
Suppose you have been injured as a pedestrian in Goose Creek. In that case, you will need to speak with our well-qualified personal injury attorney to fully understand the claims process and assess your potential claim accurately.
Do You Need Our Goose Creek Pedestrian Accident Law Firm?
Dealing with insurance companies, recovering from serious injuries, taking time off work, and managing other personal matters can be overwhelming. Due to these challenges, having a personal injury law firm assist you with your pedestrian accident claim is beneficial.
Here’s how a pedestrian accident law firm can help:
- Our lawyers can investigate the accident scene, gather evidence, and interview witnesses to determine who is at fault.
- Our attorney can negotiate with insurance companies and other parties to ensure you receive maximum compensation for medical bills, lost wages, pain and suffering, and other expenses.
- Our pedestrian accident lawyers can represent you in court, helping you understand your rights and the legal process.
- Having our attorney provides peace of mind during a stressful time. Knowing you have a skilled professional advocating for you can reduce anxiety and increase confidence in the outcome of your case.
- Our team of associates can conduct a thorough case evaluation to assess your situation and provide guidance on the best course of action.
- Statute of Limitations: In Goose Creek, South Carolina, the statute of limitations for filing a pedestrian accident claim is three years. While this might seem like a long time, acting quickly is important, as evidence can disappear and memories can fade. Contacting a pedestrian accident attorney as soon as possible increases your chances of obtaining compensation.
Important Steps to Take
- Never leave the site of an automobile-pedestrian collision.
- Call 911 for any injury victims.
- Provide information and a clear overview of the accident to the authorities.
The CEO Lawyer Personal Injury Law Firm ensures that your rights are protected and that you receive the support and compensation you deserve.
Common Causes of Pedestrian Accidents
Pedestrian accidents often result from unsafe driving behaviors, such as:
- Distracted Driving: Modern drivers face more distractions than ever before. Smartphones and infotainment systems divert their attention and take their eyes off the road. Other distractions include talking, eating, or daydreaming.
- Speeding and Reckless Driving: Speeding and reckless driving, especially in areas with high pedestrian traffic, significantly increase the risk of accidents. Speeding reduces a driver’s ability to react to sudden changes, such as a pedestrian crossing the street.
- Failure to Yield: Pedestrians have the right-of-way at crosswalks and intersections. One of the most common causes of pedestrian accidents is motorists failing to yield or not following traffic laws.
- Drunk Driving: Driving under the influence of alcohol impairs reaction time and often leads to reckless behavior, increasing the risk of pedestrian accidents. In 2023, alcohol was a factor in nearly half of all fatal pedestrian accidents.
If you have been injured in a pedestrian accident, seeking legal representation is important to ensure you receive fair compensation. Our experienced injury attorney will fight for every penny you deserve.
Who Is Liable for Pedestrian Accidents?
Liability, the legal term for responsibility, refers to legal and financial responsibility for a victim’s damages in personal injury law. Damages encompass both economic and non-economic losses suffered by a victim.
Assigning liability in a pedestrian accident case in Goose Creek involves examining who or what caused the collision.
Goose Creek operates under a fault-based car accident system. After a pedestrian collision in SC, the injured party should seek financial recovery from the at-fault party.
The driver who struck the pedestrian will most likely be held responsible for the damages. Your Goose Creek pedestrian accident lawyer can help build a case against the driver or another party based on the facts.
- Driver: Texting while driving, failing to yield the right-of-way, speeding, and driving under the influence are common causes of pedestrian collisions. If a driver caused the accident, their auto insurance company would be liable for the damages.
- City: Goose Creek may be held accountable for defective sidewalks, crosswalks, or street signals contributing to collisions. If the city government should have recognized and remedied the hazard before the crash, it would be liable.
- Company: If an on-duty driver for UPS, USPS, Uber, Lyft, a pizza delivery service, or another establishment strikes you, the company could be liable. Employers are generally vicariously liable for their employees’ mistakes.
Holding a driver or another party responsible may require a thorough investigation from a law firm. Our Goose Creek pedestrian accident attorneys can revisit the scene of your accident, help you gather evidence, obtain copies of police reports, and take other steps to build a case against one or more parties in pursuit of fair recovery for the damages you suffered as an injured pedestrian.
Your case starts with a free consultation.
What are the Possible Injuries from Pedestrian Accident?
Pedestrian accident attorneys often encounter the following common injuries in vehicle vs. pedestrian accidents:
- Traumatic Brain Injuries (TBI): The brain controls everything from memories and personalities to vital skills and bodily functions. Damage to any part of the brain compromises its corresponding functions. This could result in losing speech, reasoning, independent movement, or even the ability to recognize loved ones.
- Spinal Injuries: The spinal cord transmits messages from the brain to the rest of the body. The affected bodily systems cease functioning if this connection is damaged or severed. Permanent nerve damage can lead to sensations of pain, pressure, burning, tingling, muscle weakness, spasms, and possibly paralysis.
- Skeletal Injuries: Pedestrian accidents can result in broken bones in the legs, pelvis, back, ribs, arms, and neck. These injuries are painful and can be life-threatening if severe pain leads to shock or if a fracture cuts an artery.
- Internal Organ Injuries: Vital organs can be damaged either by direct impact or sudden movement, causing them to collide with the body’s internal structures. Organ damage may be irreparable, potentially leading to internal bleeding, loss of organ function (requiring organ removal), or death.
Some Safety Tips For Drivers
Pedestrians are the most vulnerable people on the road. Your vigilance can save lives. Here are some essential safety tips:
- Look for pedestrians on sidewalks, corners, stepping out between vehicles, and on the shoulder of the road. Always be prepared to react quickly.
- It’s challenging to see pedestrians in the dark or bad weather, especially if they’re wearing dark clothing. In our 24/7 society, people may walk to or from work at any hour, even at 3 a.m.
- Crosswalks can be hazardous for pedestrians, as a stop sign or light doesn’t always mark them. When approaching an intersection, watch for crossing signs, road lines, and pedestrians. Control your speed to ensure you can stop if someone enters traffic.
- Always stop before reaching the crosswalk to allow pedestrians safe passage and to stay within the designated lines. Stopping early also gives other drivers a clear view, preventing them from passing you and hitting the pedestrian.
- When driving, focus on the road. Activities like texting, making phone calls, applying makeup, shaving, eating, and other distractions should wait until you reach your destination.
- If you cannot drive, consider alternative options like taxis, Uber, Lyft, designated drivers, or a family member or friend. Ensuring your safety and that of others on the road is paramount.
- Adhere to all traffic laws, especially speed limits. Speed limits are reduced in areas with high pedestrian traffic, such as school zones, residential neighborhoods, parking lots, and buildings with heavy foot traffic. Pedestrian fatalities decrease significantly when vehicle speeds are below 25 mph.
- Children and other pedestrians may not be visible through your back window or mirrors. Pedestrians often assume drivers see them, but seeing around long or tall vehicles can be difficult. Back-up cameras are helpful, but always move slowly and remain vigilant to avoid accidents, especially with children who might suddenly cross your path.
By following these safety tips, you can help ensure the safety of pedestrians and contribute to a safer driving environment for everyone.
Who Pays the Medical Bills for My Injuries After a Motor Vehicle Accident Involving a Pedestrian in Goose Creek?
Suppose you were injured as a pedestrian in a motor vehicle accident in Goose Creek. In that case, the law allows you to initially seek medical coverage through your car insurance policy, regardless of fault.
If you do not have car insurance or do not fully cover your medical expenses, you can pursue legal action against the at-fault driver.
Compensation for Pedestrian Accident Injuries
After a pedestrian accident, you may be eligible for the following types of compensation:
- Current and Future Medical Expenses: This includes all medical bills related to your injuries, such as ER visits, ambulance rides, surgery, lab tests, physical therapy, medical equipment, and long-term care.
- Lost Wages: You can receive compensation for any time you could not work due to the accident. This also includes future lost wages, such as if you need to miss work for an upcoming surgery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your current job, forcing you to take a lower-paying job or go on disability, you may be compensated for the difference in earnings.
- Pain and Suffering: Serious injuries can lead to physical, mental, and emotional pain, for which you may be compensated.
- Mental Anguish: Accidents can be traumatic, leading to anxiety, PTSD, and a loss of interest in daily activities.
Our Goose Creek pedestrian accident attorneys can help you understand the damages you may be entitled to and assist you in recovering any expenses you’ve incurred.
What Should You Do if Involved in a Pedestrian Accident?
If you’re involved in a pedestrian accident, following these steps can help ensure your safety and support any future legal claims:
- Move to Safety: Leave the roadway to avoid further accidents if possible. Never move someone with a severe injury or if they’re experiencing neck or back pain, as this could cause further damage.
- Call 911: Summon emergency medical responders to treat injuries, request police assistance for traffic control, and start the accident investigation. Make sure to get a copy of the police report.
- Get Driver Information: Collect the driver’s name, address, and phone number. Also, request their insurance information, vehicle make and model, license plate number, and vehicle identification number (VIN).
- Collect Evidence: Gather witness statements and photographs of the accident scene, vehicles involved, and any injuries. Note details like locations of signs, traffic signals, or other relevant information. Obtain contact information and statements from any witnesses.
- Seek Medical Attention: Even if you don’t think you’re injured, see a doctor to rule out hidden injuries such as a concussion or internal bleeding. This protects your health and provides documentation for any potential claims.
- Document Everything: Keep records of medical visits, lost wages, missed appointments, and any other effects of the accident. Thorough documentation will be invaluable for insurance and legal claims.
- Hire a Lawyer: Consider hiring an experienced pedestrian accident lawyer to handle communications with the insurance company and negotiate fair compensation, including future medical expenses and pain and suffering. An attorney can help you focus on your recovery while protecting your legal rights.
Following these steps can help you manage the aftermath of a pedestrian accident and support your recovery and any subsequent legal processes.
Can Pedestrians Get No-Fault Insurance Benefits?
Yes, pedestrians can collect no-fault insurance benefits in Goose Creek if they are involved in a pedestrian accident. Your auto insurance policy or a family member typically pays these benefits.
Goose Creek is a no-fault state, meaning that pedestrians injured in a motor vehicle accident, even a hit-and-run accident, may be eligible for no-fault insurance benefits.
These benefits can include:
- Payment of Medical Expenses: Coverage for medical bills related to the accident.
- Lost Wages: Compensation for income lost due to the inability to work.
- Attendant Care Services: Coverage for nursing or attendant care services.
It’s important to choose our Goose Creek pedestrian accident attorney, who has a thorough understanding of South Carolina no-fault laws. With this expertise, you can ensure you receive all the benefits you are entitled to, including no-fault insurance benefits and compensation for pain and suffering.
A knowledgeable attorney can navigate the complexities of Goose Creek’s no-fault system to maximize your compensation from the insurance company and protect your rights.
Pedestrian Safety Tips
As a pedestrian, you are particularly vulnerable on the roadways. If you are walking or running in a rural area, you may not have the protection of a sidewalk.
Drivers are responsible for watching out for pedestrians on the roads, but you can also protect yourself by following these pedestrian safety tips.
- Pay attention to road signs and follow all road rules, including traffic signals.
- Use sidewalks when available.
- If you are walking somewhere without sidewalks, face traffic and try to stay as far from the center of the road as possible.
- Cross the street at intersections and look in all directions before crossing against traffic.
- Keep to well-lit areas and wear reflective clothing when walking in the dark or at dusk.
- Teach your children to follow these rules and expectations when playing outside where cars may be present.
How Much Is Your Pedestrian Accident Case Worth?
Determining the value of a pedestrian accident case is complex and varies based on the specifics of each situation. Your Goose Creek pedestrian accident lawyers will conduct a thorough investigation to provide an estimate of your claim’s worth.
While there’s no average cost for a personal injury claim, you can get a general idea by totaling your current bills and estimating future costs. General damages, such as pain and suffering, can also be factored in.
However, it’s important to consult with our Goose Creek pedestrian accident attorney to explore all legal options available after any car accident. We can provide personalized guidance based on the unique circumstances of your case.
Goose Creek, SC Most Dangerous Intersections for Pedestrians
Intersections pose significant risks for pedestrians in South Carolina, even with designated crosswalks and signals. Negligent drivers failing to yield the right-of-way can lead to tragic accidents.
According to the South Carolina Department of Public Safety (SCDPS), there were 107 fatal collisions at 4-way intersections, with a total of 111 fatalities throughout South Carolina. Furthermore, at T intersections throughout South Carolina, there were 13,982 total collisions, with a total of 94 deaths.
At various Y intersections throughout the state, there were 1,291 total collisions, including 12 deaths. Based on crash data, some of the most dangerous intersections in Riverside and surrounding areas include:
- Ashley Phosphate Road & I 26
- Highway 501 & Carolina Forest Blvd
- I-26 Exit 203 at College Park Road
- U.S. 17 Bypass and S.C. 544 near Surfside Beac
Get Legal Help With Our Goose Creek Pedestrian Accident Lawyers Today!
The CEO Lawyer Personal Injury Law Firm offers a no-obligation consultation for your case today. At our firm, attorneys work on a contingency fee basis, meaning they don’t get paid unless you do, ensuring you have nothing to lose by reaching out.
Ali Awad, the founder of the CEO Lawyer Personal Injury Law Firm, followed by over a million on social media, leverages his extensive legal knowledge to pursue your claim aggressively. With his team, you can confidently face big insurance companies and secure the settlement you deserve.
If necessary, Ali Awad is prepared to go to court to ensure you receive every dollar you owe. Contact us online or call (864) 664-3865 to discuss the details of your case with experienced pedestrian accident attorneys.
FAQs:
- What are the Common Causes of Pedestrian Accidents?
Certain factors are more likely to cause pedestrian accidents. One common cause is drunk driving. When someone is under the influence of drugs or alcohol, their response time slows, and they are more likely to ignore traffic signals.
Some other causes of pedestrian accidents include:
- Speeding
- Distracted driving
- Motorists crossing an intersection without the right of way
- Not using the crosswalk
- Jaywalking
When filing an injury claim, your personal injury lawyer must demonstrate that the other motorist caused the accident. Depending on the cause, you may be entitled to significant compensation.
- What if I Was Partially at Fault for the Accident?
You may bear some responsibility for the accident, which can reduce your eventual recovery. States generally follow three types of contributory and comparative negligence laws.
- Contributory Negligence Rule: In states like Alabama and Virginia, you cannot collect any damages if you are partly at fault.
- Pure Comparative Negligence Standard: You can demand damages regardless of your percentage of fault.
- Modified Comparative Negligence Rule: Most states follow this rule, where pedestrian accident victims can recover damages if they are less than 50% responsible for the incident. Your percentage of fault will reduce your damages.
- If I Wasn’t Using the Crosswalk, Can I Still Collect Damages?
Many pedestrians assume they cannot receive compensation if they do not use the crosswalk. While this may impact how much you can receive, it may not prevent you from filing a legal claim.
The insurance company will argue that you caused the accident by failing to use the designated crosswalk. Your pedestrian accident lawyer must prove that the other driver was primarily at fault.
For example, you may be able to demonstrate that the other motorist was speeding at the time of impact.
- What is the Average Settlement for a Pedestrian Accident Case?
It is hard to say exactly what to expect for a settlement in pedestrian accident cases. It all depends on the specific facts of your case.
Some factors that can impact the size of your settlement include:
- The severity of the pedestrian’s injuries
- Whether you will need long-term medical care
- The extent of your pain and suffering
- How much time you missed from work
- Whether you will be able to work again
- If you suffered a disability
When you first meet with your pedestrian accident attorney for your free case evaluation, we can give you a better idea of what your personal injury case may be worth.