The Dangers of Pedestrian Accidents in Columbia, South Carolina
Pedestrian accidents can be extremely dangerous and even deadly. South Carolina ranks fifth in the nation for pedestrian fatalities based on population. This is approximately 69% higher than the national average.
According to South Carolina’s Pedestrian and Bicycle Safety Action Plan (PBSAP), over 800 fatal pedestrian and bicycle crashes occurred between 2015 and 2019. The action plan also listed some of the most dangerous roadways for pedestrians. Here are some of the most dangerous roadway segments in Richland County:
- Harden Street from Gervais Street to Blossom Street – 21 pedestrian crashes
- Blossom Street from Lincoln Street to Saluda Avenue – 24 pedestrian crashes
- Assembly Street from Senate Street to Elmwood Avenue – 19 pedestrian crashes
- Assembly Street from Heyward Street to Senate Street – 15 pedestrian crashes
- Broad River Road from Marley Drive to Elm Abode Terrace – 17 pedestrian crashes
South Carolina has begun to take action to lower these risks. In Columbia, the city has started to invest in better lighting and signage near crosswalks. Despite these efforts, pedestrian accidents continue to happen. If you have been hit by a car while walking, it is important to seek legal help immediately. Contact a pedestrian accident lawyer at The Law Offices of Jason E. Taylor today.
Common Causes of Pedestrian Accidents in Columbia, South Carolina
Most pedestrian accidents occur due to driver error. Common causes of these accidents include:
- Distracted driving includes anything that takes a driver’s attention away from the road. This can include texting, talking on the phone, eating, drinking, or anything else that takes their focus off driving.
- Speeding: According to the PBSAP, 30% of fatal pedestrian crashes occurred when the posted speed limit was 25 or lower.
- Drunk driving: Drunk drivers are a danger to everyone on the road, including pedestrians. You may be entitled to punitive damages if drunk drivers hit you.
- Failure to yield: Drivers are supposed to yield to pedestrians in crosswalks and other areas. When they fail to do so, accidents can happen, resulting in severe pedestrian injuries.
- Running red lights or stop signs is another common cause of pedestrian accidents. Drivers who run red lights or stop signs often do not see pedestrians, resulting in a collision.
According to PBSAP, another factor in pedestrian crashes is the number of roadway travel lanes. The chance of an accident goes up the fewer lanes there are. 46% of pedestrian fatalities occurred when there were two lanes.
South Carolina Pedestrians Have Legal Rights
Drivers in South Carolina have a legal obligation to avoid hitting pedestrians. South Carolina law states, “every driver of a vehicle [must] exercise due care to avoid colliding with any pedestrian.” When a driver fails to follow this law, the pedestrian is entitled to recover compensation for their injuries.
Filing a Pedestrian Accident Claim With the Insurance Company
Auto insurance in South Carolina covers pedestrian accidents, but the process is not always straightforward. While most cases will involve filing a claim with the at-fault driver’s insurance company, accident victims may not get all of their expenses covered.
South Carolina requires drivers to carry $25,000 in body injury liability which, when you account for the cost of medical bills, lost wages, and other damages, may not be enough. In these cases, you may need to explore other options for financial recovery.
You May Be Able to File a Lawsuit Against the At-Fault Driver
If you were hit by a driver and suffered severe injuries, you may be able to file a personal injury lawsuit against the at-fault driver. This is often necessary when the insurance company denies your claim or does not offer enough money to cover all of your damages.
In a personal injury lawsuit, you will need to prove that the other driver was at fault for the accident and that you suffered damages due to the accident.
Uninsured/Underinsured Motorist Claims
In some cases, the at-fault driver may not have insurance or may not have enough insurance to cover all your damages. South Carolina requires drivers to carry $25,000 in uninsured motorist coverage for these situations.
Other Ways to Recover Compensation After a Pedestrian Accident
There are other options for financial recovery after a pedestrian accident. For example, if the at-fault driver was working at the time of the accident, you might be able to file a claim against their employer.
If a defective product caused your injuries, you might be able to file a product liability claim against the manufacturer.
Contact The Law Offices of Jason E. Taylor today. We will help you determine which option is best for you and hold the careless or reckless driver responsible for your injuries.
Comparative Negligence in Pedestrian Accident Claims
South Carolina is a modified comparative negligence state, meaning as long as you are less than 50% at fault for causing your accident, you can still recover damages against the at-fault party.
For example, if a jury finds that the pedestrian was 20% at fault for the accident and the driver was 80% at fault, the pedestrian can only recover 80% of their damages.
It is important to note that if a jury finds that the pedestrian was more than 50% at fault for the accident, they will not be able to recover any damages.
This is why it is so important to have a Columbia pedestrian injury attorney on your side. An experienced lawyer can investigate the accident and help prove that you were not at fault or that you were only partially at fault.
What Kind of Damages Can I Recover in a Pedestrian Accident Claim?
If you can prove that the other party was at fault for the accident, you may be entitled to recover damages for your injuries. This can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
A Columbia pedestrian injury lawyer will help you maximize your financial recovery so that you can focus on your recovery.
Steps to Take After a Pedestrian Accident in Columbia, South Carolina
If you or a loved one has been involved in a pedestrian accident, there are some steps you should take to protect your legal rights:
- Get medical help: Your health and safety should be your top priority after an accident. Even if you do not think you are injured, it is important to get checked out by a medical professional. Some injuries, such as traumatic brain injuries, may not present symptoms immediately.
- Get the contact information for any witnesses: If there were people who saw the accident, get their names and contact information so that your attorney can speak to them.
- Do not give a statement to the insurance company: The insurance company will likely try to get you to provide a recorded statement. It is important to know that anything you say can be used against you later.
- Do not sign anything: The insurance company will likely try to get you to sign a release of liability form. This will prevent you from being able to file a claim or lawsuit in the future.
- Save all evidence: If you have any evidence from the accident, such as photos or videos, it is important to save this evidence.
- Contact a Columbia pedestrian accident lawyer: An experienced pedestrian accident lawyer can help you protect your legal rights and get the compensation you deserve.
Contact Our Columbia Pedestrian Accident Lawyers Today
At The Law Offices of Jason E. Taylor, our experienced Columbia pedestrian accident lawyers are here to help you after an accident. We will fight for the compensation you deserve and help you get your life back on track. Contact us today for a free consultation. We do not charge any fees unless we recover compensation for you.
