You’re crossing the street with the right of way, the light firmly in your favor, when suddenly, the world turns into a blur of screeching metal and searing pain. A negligent driver has struck you, leaving you injured and disoriented.
After a pedestrian accident, the physical and emotional toll can be immense. The CEO Lawyer Personal Injury Law Firm has a dedicated team of South Carolina pedestrian accident lawyers who understand the unique challenges you face.
We’ll fight tirelessly to ensure you receive the compensation you deserve for your injuries and lost wages. Here’s why CEO Lawyer is the right choice for you:
- Unwavering Commitment: We understand that pedestrian accidents can be life-altering. Our compassionate and experienced attorneys will be by your side every step of the way, providing guidance and support throughout the legal process.
- Proven Track Record: We have a well-deserved reputation for securing maximum compensation for our clients. We leverage our legal expertise and negotiation skills to achieve the best possible outcome for your case.
- Meticulous Case Preparation: We meticulously investigate every detail of your accident, gathering evidence, witness statements, and medical records to build a strong case on your behalf.
- Client-Centered Approach: We treat every client with respect and compassion. You’ll have direct access to your attorney, who will keep you informed of all developments in your case.
South Carolina Pedestrian Accident Attorney
At the CEO Lawyer Personal Injury Law Firm, our team consists of highly qualified and licensed South Carolina Pedestrian Accident Attorneys who are well-versed in personal injury law and will advocate fiercely for your rights in court.
Here’s a closer look at what a South Carolina Pedestrian Accident Attorney from the CEO Lawyer Personal Injury Law Firm can do for you:
- Investigate the Cause of the Accident: Our team will thoroughly investigate the cause of the accident. This may involve reviewing police reports, accident scene photos, and witness statements. We’ll identify any factors that contributed to the accident, such as distracted driving, speeding, or driving under the influence.
- Determine Liability: South Carolina follows a comparative negligence law. This means that the amount of compensation you receive may be reduced based on the percentage of fault attributed to you. Our attorneys will work diligently to establish the negligence of the driver and minimize any potential fault placed on you.
- Calculate Your Damages: Pedestrian accidents can result in a wide range of damages, including medical bills, lost wages, pain and suffering, and emotional distress. Our team will work with medical professionals and financial experts to calculate the full extent of your losses.
- Negotiate a Fair Settlement: In many cases, a fair settlement can be reached with the at-fault driver’s insurance company. Our skilled negotiators will fight to secure the maximum compensation you deserve for your injuries and losses.
- Represent You in Court: If a fair settlement cannot be reached, our experienced attorneys will not hesitate to represent you in court. We have a proven track record of success in court and will aggressively argue your case to a jury.
Throughout the legal process, your South Carolina Pedestrian Accident Attorney from the CEO Lawyer Personal Injury Law Firm will keep you informed of your options and guide you toward the best course of action. We understand that this can be a stressful time, and we are here to alleviate that burden and ensure you receive the justice you deserve.
Who Are Most Vulnerable to Pedestrian Accidents in South Carolina?
Pedestrian accidents can happen to anyone, anywhere. However, certain demographics are statistically more at risk due to factors like visibility, awareness, and physical limitations.
Here’s a closer look at the most vulnerable populations on South Carolina’s streets:
- Children: Children under 14 are especially susceptible due to their smaller stature, limited understanding of traffic rules, and tendency to be impulsive. Distractions like toys or games further increase their vulnerability.
- Older Adults: As we age, reflexes slow down, vision may decline, and hearing may become less acute. Elderly pedestrians may also have difficulty judging the speed of oncoming traffic.
- People with Disabilities: Individuals with visual impairments, mobility limitations, or cognitive difficulties may face challenges navigating crosswalks and intersections safely.
- Low-Income Individuals: Those without access to reliable transportation may be more likely to walk, especially in areas with limited public transit options. This can expose them to a higher risk of pedestrian accidents.
- Pedestrians in Rural Areas: Rural areas often have fewer sidewalks and limited street lighting, making it harder for pedestrians to be seen at night. Additionally, higher speed limits on rural roads can exacerbate the severity of pedestrian accidents.
Risky Pedestrian Behaviors
While demographics play a role, certain pedestrian behaviors can also heighten the risk of accidents:
- Distracted Walking: Using electronic devices like phones or headphones can significantly decrease situational awareness and reaction time.
- Walking Under the Influence: Alcohol or drug impairment can impair judgment and coordination, making it difficult to navigate safely.
- Jaywalking: Crossing streets outside of designated crosswalks or against traffic signals is a major risk factor.
- Night Walking: Limited visibility at night makes it harder for drivers to see pedestrians, especially those wearing dark clothing.
By understanding these vulnerabilities and risky behaviors, both pedestrians and drivers can take steps to prevent accidents.
Common Causes of Pedestrian Accidents in South Carolina
Unfortunately, pedestrian accidents are a persistent issue in South Carolina. Here’s a closer look at some of the leading causes:
- Distracted Driving: This is the number one culprit nationwide and in South Carolina. Drivers texting, talking on phones, or fiddling with GPS devices are more likely to miss pedestrians in crosswalks or on sidewalks.
- Drunk Driving: Impaired judgment and slowed reflexes due to alcohol or drugs significantly increase the risk of pedestrian accidents. South Carolina has a relatively high drunk driving rate, which contributes to pedestrian fatalities.
- Driver Inattention: Even without distractions, drivers can be inattentive due to fatigue, drowsiness, or simply not paying attention to the road. This can lead to accidents when they fail to yield to pedestrians or don’t see them in time.
- Speeding: Higher speeds leave less reaction time for drivers to avoid pedestrians. Speeding is particularly dangerous in areas with heavy pedestrian traffic, like school zones or residential neighborhoods.
- Failure to Yield: Drivers turning at intersections or exiting driveways often fail to yield the right of way to pedestrians in crosswalks.
- Poor Road Design: Lack of crosswalks, inadequate lighting in certain areas, and obstructed sidewalks can make it difficult for pedestrians to navigate safely. This is especially true in older parts of cities or rural areas with limited infrastructure.
- Left-Turn Crashes: These accidents often occur when a driver turning left fails to yield to a pedestrian crossing the street with the right of way.
- Backing Up Accidents: Drivers reversing out of driveways or parking lots can strike pedestrians who are walking behind the vehicle, especially children, who may be harder to see.
In addition to these common causes, some pedestrian accidents may involve factors like aggressive driving, sudden weather changes, or malfunctioning traffic signals. By recognizing these causes, both pedestrians and drivers can take preventative measures to make our roads safer for everyone.
Common Injuries in South Carolina Pedestrian Accidents
Pedestrian accidents can have devastating consequences. From minor bumps to life-threatening situations, the impact depends on speed, collision point, and your health.
The severity of injuries depends on various factors, including the speed of the vehicle, the point of impact, and the pedestrian’s age and health. Here’s a breakdown of some of the most common injuries sustained in South Carolina pedestrian accidents:
- Soft Tissue: Sprains, strains, and tears cause pain, swelling, and limited mobility.
- Broken Bones: Fractures in legs, arms, ribs, and pelvis often require surgery and extensive rehab.
- Head Trauma: Concussions and even severe TBIs can lead to lasting cognitive and personality changes.
- Spinal Cord Damage: Paralysis and lifelong medical care are potential consequences.
- Internal Injuries: Bleeding and organ damage can have serious, delayed complications.
- Road Rash and Cuts: These painful injuries require prompt medical attention.
Pedestrian accidents can leave lasting scars, not just on your body but also on your mind. Anxiety, depression, PTSD, and phobias related to traffic or being outdoors are all common after being struck by a vehicle.
Understanding Compensation Available After a Pedestrian Accident in South Carolina
The aftermath of a pedestrian accident can be overwhelming. Medical bills pile up, lost wages create financial strain, and the emotional toll can be immense.
While no amount of money can erase the experience, securing compensation can help alleviate some of the financial burden and allow you to focus on healing. Here’s a breakdown of the different types of compensation available to pedestrian accident victims in South Carolina:
Economic Damages
These are tangible losses with clear financial documentation. They aim to make you whole again financially for the accident’s impact.
Common economic damages include:
- Medical Bills: Past, present, and future costs associated with your injuries, including doctor visits, hospital stays, surgery, medication, therapy, and rehabilitation.
- Lost Income: Compensation for wages lost due to your recovery and potential future earnings impacted by your injuries.
- Property Damage: Repair or replacement of your personal belongings damaged in the accident.
Non-Economic Damages
These are intangible losses that can be more subjective to quantify. However, they acknowledge the significant impact the accident has had on your life beyond just the financial costs.
Non-economic damages may include:
- Pain and Suffering: The physical discomfort and aches you’ve endured.
- Emotional Distress: Anxiety, depression, or PTSD you may experience due to the accident.
- Loss of Consortium: If your injuries affect your marital intimacy, your spouse may be entitled to compensation.
- Loss of Enjoyment of Life: The activities you can no longer participate in due to the accident.
Punitive Damages
These are rarely awarded but may be available in extreme cases where the driver acted with malice or reckless disregard for your safety. Punitive damages are intended to punish the at-fault driver and deter similar behavior in the future.
The amount of compensation you receive will depend on the specific facts of your case, such as the severity of your injuries, the impact on your life, and the degree of fault attributed to the driver. An experienced South Carolina Pedestrian Accident Attorney from CEO Lawyer will work diligently to calculate all your damages and fight to secure the maximum compensation you deserve.
Here are some additional things to keep in mind:
- Shared Fault: South Carolina follows a comparative negligence law. This means that if you are found to be partially at fault for the accident, your compensation award may be reduced by the percentage of fault attributed to you.
- Insurance Coverage: The at-fault driver’s insurance company will be responsible for covering your damages up to the policy limits. South Carolina requires drivers to carry minimum liability insurance coverage of $25,000 per person and $50,000 per accident for bodily injury. However, these minimums may not be enough to cover your losses, especially in cases of severe injury. Your attorney can explore all available insurance options, including your underinsured motorist (UIM) coverage, if necessary.
Determining Liability in Pedestrian Accidents
Getting the compensation you deserve after a pedestrian accident hinges on establishing fault. Here’s a closer look at how liability is determined in South Carolina pedestrian accidents:
- Duty of Care: Drivers have a legal duty to exercise reasonable care to avoid foreseeable harm to pedestrians. This includes obeying traffic laws, yielding the right of way, and maintaining a lookout for pedestrians in crosswalks and at intersections.
- Breach of Duty: If the driver violated this duty of care by speeding, driving distracted, failing to yield, or otherwise acting negligently, they may be found liable for your injuries.
- Causation: It’s not enough to prove the driver acted negligently; you must also establish that their negligence directly caused your accident and injuries. For instance, if a driver runs a red light and strikes you in a crosswalk, causation is clear.
- Damages: You must have suffered compensable damages, such as medical expenses, lost wages, or pain and suffering, to have a valid claim.
Comparative Negligence
South Carolina follows a comparative negligence law. This means that the court will determine the percentage of fault attributed to each party involved in the accident.
Your compensation award will then be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident and your total damages are $100,000, you would receive $90,000 in compensation.
How a South Carolina Pedestrian Accident Law Firm like the CEO Lawyer Personal Injury Law Firm Help Establish Liability
- Conduct a Thorough Investigation: Our team will gather evidence from the accident scene, including police reports, witness statements, traffic camera footage, and skid marks. We will also obtain your medical records to document the extent of your injuries.
- Identify All Responsible Parties: In some cases, there may be more than one party liable for your injuries. For instance, a pedestrian signal malfunctioning or a poorly maintained road could contribute to the accident. Our lawyers will explore all avenues of liability.
- Challenge Unfair Blaming of Pedestrians: Unfortunately, some insurance companies or defense attorneys may try to shift some blame to the pedestrian. Our experienced attorneys will fight back against any attempts to downplay the driver’s negligence.
- Negotiate with Insurance Companies: Insurance companies are often reluctant to pay out the full value of a claim. Our skilled negotiators will fight to secure the maximum compensation you deserve based on the evidence of liability.
South Carolina Pedestrian Accident Laws Frequently Asked Questions:
Pedestrian accidents can raise unexpected questions. We’ve compiled some unique FAQs specific to South Carolina pedestrian accidents to help you navigate this challenging situation.
I’m a Cyclist, Not a Pedestrian, but I Got Hit by a Car. Do These Laws Apply to Me?
South Carolina traffic law defines a bicycle as a vehicle. However, cyclists have the same rights and duties as pedestrians under most circumstances when riding on sidewalks or designated pedestrian paths. This means you’d likely be covered under pedestrian accident laws if you were struck while using these designated areas.
What if the Crosswalk Signal Was Flashing When I Got Hit? Am I Automatically at Fault?
Not necessarily. A flashing crosswalk signal indicates a warning for both pedestrians and drivers to proceed with caution. Factors like the speed of the driver and whether they had adequate time to stop will be crucial in determining liability.
Can I Be Held Liable if I’m Hit by a Car While Jaywalking?
South Carolina law requires pedestrians to obey traffic signals and use designated crosswalks whenever possible. However, even if you’re jaywalking, the driver still has to exercise reasonable care to avoid hitting you.
What Happens if the At-Fault Driver Doesn’t Have Insurance?
South Carolina only requires minimum liability insurance coverage, which may not be enough to cover your medical expenses in a serious accident. However, you may have options. An attorney can explore your underinsured motorist (UIM) coverage, which can provide additional compensation if the at-fault driver’s insurance is insufficient. They can also investigate if there are other sources of compensation available, such as suing the driver directly.
I’m Worried About Going to Court. Can the CEO Lawyer Personal Injury Law Firm Handle Everything for Me?
Absolutely. Our team of experienced South Carolina Pedestrian Accident Attorneys understands the complexities of personal injury law and the emotional toll an accident can take.
We’ll handle all aspects of your case, from investigation and negotiation with the insurance company to court representation if necessary. You can focus on healing while we fight for the compensation you deserve.
Remember, don’t hesitate to contact the CEO Lawyer Personal Injury Law Firm for a free consultation. Ali Awad, also known as the CEO Lawyer, has built a team of expert attorneys with a 99.5% success rate.
Together, we’ll ensure you have the legal muscle and support you need to navigate this challenging time. Contact us today at (864) 664-3865 or visit our website for a free consultation.
