Greenville Pedestrian Accident Lawyer

South Carolina is among the most dangerous states for pedestrians in the United States. As the 4th deadliest state, pedestrian deaths in South Carolina are 60% higher than the national average. In addition to the death toll, countless pedestrians face significant injuries after being the victim of a pedestrian accident. These injuries can be costly to recover from and lead to life-altering disabilities.

If you have been injured in a pedestrian accident, you deserve compensation. At The Peace Law Firm, we know how to represent pedestrian victims and get them the compensation they deserve. When working with our firm, a Greenville pedestrian accident attorney with a passion for representing individuals will personally handle your case. We can help you understand your legal options and determine the best way to pursue your claim. Contact us today and schedule a consultation.

Steps to Take After a Pedestrian Accident

If you are injured in a pedestrian accident, protecting both your health and ability to file a claim is critical. There are several steps that everyone involved in a pedestrian accident should take immediately.

Get Out of Danger and Call 911

The well-being of everyone involved is the most essential consideration immediately following a pedestrian accident. If it is safe to do so, get yourself and anyone else out of the dangerous roadway and to a secure location. Also, call 911 as soon as possible. Emergency services will block the road and provide life-saving medical treatment. 

Seek Immediate Medical Attention

If there is any chance you were injured in the accident, it is essential to seek medical treatment right away. Sometimes serious injuries can be difficult to spot without a thorough medical examination. The documentation created by medical professionals will also help you prove your injuries in court.

Collect Evidence

Collect a copy of the police report, the contact information of witnesses and anyone involved in the crash, videos of the scene, and photographic evidence. If you cannot do so yourself, ask someone on the scene to do it for you. It is also helpful to write down what happened as soon as you can so you can accurately recount what happened later.

Contact an Attorney and File an Insurance Claim

An experienced pedestrian accident lawyer in Greenville can help you handle the insurance claims process. Often, insurers try to underpay claims or redirect fault onto the victims. Having an attorney represent you will help protect you from these tactics.

DO NOT Make Any Unnecessary Statements About the Accident

Never admit fault. Even if you think you are at fault, you might be wrong. Insurance companies can use your statements to argue against your claims or deny you compensation. Talking to a lawyer before making statements about the accident on social media is also critical.

Common Injuries After a Pedestrian Accident

The injuries pedestrians sustain after a car accident are usually much worse than those suffered in accidents involving only vehicles. Common injuries include:

• Traumatic brain injuries,
• Severe concussions, 
• Internal bleeding,
• Deep contusions,
• Severe lacerations,
• Whiplash,
• Spinal cord injuries,
• Neck injuries,
• Nerve damage,
• Burns,
• Post-traumatic stress,
• Torn muscles and ligaments,
• Broken and dislocated bones, and
• Severed limbs.

Even seemingly minor injuries can cause severe problems down the road. If you have been injured, an experienced pedestrian accident attorney in Greenville can help you obtain compensation for your injuries.

Determining Fault

The driver must be at fault to be liable for the injuries caused in a pedestrian accident. Both drivers and pedestrians have responsibilities they must follow in South Carolina. Victims must prove fault to obtain compensation. Further, in some cases, multiple parties can be at fault for the same accident.

Vehicle vs. Pedestrian Accident Laws in South Carolina

 South Carolina Code Title 56, Chapter 5, Article 25 contains the rights and duties of pedestrians. In South Carolina, pedestrians must:

• Obey all traffic control devices;
• Obey all traffic regulations;
• Use crosswalks where available;
• Give the right-of-way to vehicles when crossing a road without a crosswalk;
• Avoid crossing a roadway diagonally;
• Use sidewalks where available;
• Avoid walking along freeways;
• Yield to emergency vehicles; and
• Avoid hitchhiking.

Drivers also have duties concerning pedestrians. In South Carolina, drivers must:

• Stop for pedestrians using a guide dog or red-tipped white cane;
• Avoid passing stopped vehicles that are allowing a pedestrian to cross the road;
• Give pedestrians crossing on sidewalks the right of way when no traffic signals are present; and
• Exercise due care to avoid hitting pedestrians.

Critically, all drivers in South Carolina must exercise due care to avoid pedestrians regardless of the pedestrian’s behavior. This standard means that even if a pedestrian is violating one of their responsibilities, a driver can still be liable for the accident if they were driving negligently. 

Proving Fault

Sometimes proving negligence in a pedestrian accident can be relatively straightforward. For example, if a driver is on video ignoring a red light while running over pedestrians on a sidewalk, fault should be easy to prove. Unfortunately, most pedestrian accidents are much more difficult. Witness testimony, videos, photographs, and other evidence collected at the scene is vital. A Greenville pedestrian accident attorney can help you work with what you have to prove the driver’s fault after a pedestrian accident.

Joint Fault

Even if a pedestrian is partially at fault for an accident, they can still recover damages in South Carolina. To do so, the court must determine that the pedestrian is less than 50% at fault according to South Carolina’s modified comparative fault rule. Under these circumstances, the damages recoverable by the pedestrian are reduced by the percentage of fault they are responsible for.

Compensation For Pedestrian Accident Victims

In pedestrian accident lawsuits, courts award damages to compensate victims for the costs of their injuries. In rare cases, courts might also award punitive damages to victims. South Carolina courts often award victims compensation for:

• Physical rehabilitation,
• Disabilities,
• Medical bills,
• Long-term care,
• Lost wages,
• Pain and suffering, and
• Mental anguish.

An experienced Greenville pedestrian accident attorney can help you determine what compensation you might be able to recover due to your injuries.

Contact a Greenville Pedestrian Accident Lawyer Today

If you are the victim of a pedestrian accident in South Carolina, The Peace Law Firm can help. We will vigorously fight so you can get the compensation you deserve for your injuries. Let us handle the legal issues, so you can focus on recovery. Contact The Peace Law Firm now!