Pedestrian Accident Injury and South Carolina Law
In South Carolina, pedestrians have the right of way on sidewalks, crosswalks, and at intersections. If a driver fails to yield to a pedestrian in one of these situations and an accident occurs, the driver can be held liable for the pedestrian’s injuries.
Unfortunately, many drivers do not take this law seriously, and they fail to yield to pedestrians regularly. This can result in serious accidents that often leave pedestrians with debilitating injuries. If you have been injured in a pedestrian accident, it is important to seek legal assistance as soon as possible.
At The Law Offices of Jason E. Taylor, we have years of experience helping clients just like you. We will work tirelessly to ensure you receive the maximum compensation allowed by law. Contact us today for a free consultation. We look forward to helping you get the justice you deserve.
South Carolina Pedestrian Accident Statistics
In recent data, South Carolina was ranked fifth in the nation for pedestrian deaths per 100,000 population. With 187 deaths, pedestrians comprised nearly 18% of the total car accidents in the state.
In response to the rising number of pedestrian and bicycle deaths and serious injuries in SC, SCDOT developed the state’s first Pedestrian and Bicycle Safety Action Plan (PBSAP). Based on data in this action plan between 2015-2019:
- 862 fatal pedestrian accidents.
- 1,160 incapacitating injuries.
- 2,187 non-incapacitating injuries
- 66% of accidents happened at night when there were no street lamps.
- 85% of accidents occurred during dry weather conditions.
- Most fatal accidents occurred when the posted speed limit was 25 mph or lower.
What is the SCDOT Pedestrian and Bicycle Safety Action Plan?
The SCDOT Pedestrian and Bicycle Safety Action Plan (PBSAP) is a statewide initiative to reduce pedestrian and bicycle accidents in South Carolina. The PBSAP uses data from pedestrian and bicycle accidents to identify problem areas and create solutions. Some of the solutions that have been implemented as a result of the PBSAP include:
- Improving street lighting in areas where pedestrian accidents are common
- Creating more crosswalks and sidewalks in high-traffic areas
- Decreasing speed limits in areas where pedestrian accidents are common
If you have been injured in a pedestrian or motor vehicle accident, contact a car accident lawyer who can help you get the compensation you deserve.
Common Pedestrian Accident Injuries
While some pedestrian accidents result in minor injuries, others can be life-altering. Some of the most common injuries we see at our law firm include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal bleeding
Some of these injuries may require long-term or even lifelong care. If you have been seriously injured in a pedestrian accident, it is important to seek legal assistance as soon as possible. You can recover compensation for your medical bills, lost wages, and pain and suffering by taking legal action.
What Causes Pedestrian Accidents in Rock Hill, SC?
Many factors can contribute to pedestrian accidents. Some of the most common causes of these accidents include:
- Distracted driving
- Driving under the influence
- Failing to yield to pedestrians in crosswalks or intersections
- Running red lights or stop signs
- Making illegal turns
What To Do After a Rock Hill Pedestrian Accident
If you are involved in a pedestrian accident, there are some important steps you should take:
- Get medical attention right away, even if you don’t think you are injured. Some injuries, such as traumatic brain injuries, may not be immediately apparent.
- Call the police and file a report. This will create a record of the accident that can be used later to support your claim.
- Take pictures of the scene of the accident, including any damage to property or injuries sustained.
- Get the contact information of any witnesses to the accident.
- Do not give a statement to any insurance companies until you have consulted with an attorney.
- Contact a pedestrian accident attorney who can help you get the compensation you deserve.
At The Law Offices of Jason E. Taylor, we fight for the rights of pedestrian victims. We have the experience and resources necessary to take on the insurance companies and get you the compensation you deserve. Contact us today for a free consultation.
Why You Need A Rock Hill Pedestrian Accident Attorney
When you are involved in a pedestrian accident, you are up against insurance companies with teams of experienced lawyers handling these types of cases. They will do everything they can to minimize the amount of compensation you receive.
A pedestrian accident attorney will level the playing field and fight for the compensation you deserve. They will investigate the accident, gather evidence, and negotiate with the insurance companies on your behalf. If necessary, your attorney will also take your case to trial.
Don’t try to handle a pedestrian accident case on your own. Contact the Law Offices of Jason E. Taylor today for a free consultation. We have experience handling these types of cases, and we will fight for the compensation you deserve.
What Compensation Is Available For Rock Hill, SC Pedestrian Accident Victims?
A pedestrian accident is often more devastating than a car accident involving two vehicles. Pedestrians are completely vulnerable to the impact of a car, and the injuries they sustain can be life-altering. If you have been involved in a pedestrian accident, you may be able to recover compensation for:
You can recover compensation for all of your past and future medical expenses related to the accident. This includes hospitalization, surgery, rehabilitative care, and other necessary treatment.
If you are unable to work because of your injuries, you can recover compensation for your lost wages. This includes both past and future lost earnings. If you are able return to work, but at a lower salary, you can also recover compensation for the difference in pay.
Pain and Suffering
You can also recover compensation for the physical and emotional pain and suffering caused by the accident. This is known as “non-economic damages” and is meant to compensate you for the intangible effects of an accident.
Compensation for Wrongful Death
If a loved one has been killed in a pedestrian accident, you may be able to file a wrongful death claim. This type of claim allows certain family members to recover compensation for their losses, including medical and funeral expenses, lost income, and the loss of companionship.
How Much Are Pedestrian Accident Claims Worth?
The value of your pedestrian accident claim will depend on a number of factors, including the severity of your injuries, the amount of your medical expenses, and whether you are able to return to work. A pedestrian accident attorney can help you calculate the value of your damages and get the compensation you deserve.
Liability in Rock Hill, SC Pedestrian Accident Cases
In a pedestrian accident case, liability will usually be placed on the vehicle’s driver. However, there are some circumstances where the pedestrian may be held liable. For example, if the pedestrian was crossing the street outside of a crosswalk or against a traffic signal, they may be found partially at fault for the accident.
It is important to note that even if you are found to be partially at fault for the accident, you may still be able to recover compensation for your injuries. South Carolina follows a “modified comparative negligence” rule, which allows plaintiffs to recover damages as long as they are not more than 50% at fault for the accident.
For example, if you are involved in an accident, and the jury finds that you are 40% at fault, your damages will be reduced by 40%. So, if you are awarded $100,000 in damages, you will only receive $60,000.
It is important to have a pedestrian accident lawyer on your side who can help you prove liability and get the compensation you deserve.
How To Prove Fault In A Rock Hill Pedestrian Accident Case
There are a few different ways to prove fault in a pedestrian accident case. The most common is through the use of witness testimony. If there were any witnesses to the accident, they could provide valuable information about what happened and who was at fault.
Another way to prove fault is through the use of evidence from the scene of the accident. This can include things like skid marks, vehicle damage, and surveillance footage. A pedestrian accident attorney will know how to collect and preserve this evidence.
The insurance companies will also conduct their own investigation into the accident. They may try to place blame on the pedestrian or downplay the severity of their injuries. It is important to have an attorney on your side who can protect your rights and help you get the compensation you deserve.
The Statute of Limitations for Pedestrian Accidents
In South Carolina, the statute of limitations for filing a personal injury claim is three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit. If you do not file your lawsuit within this time period, you will be barred from recovering any compensation. The statute of limitations in your particular case is one of the first things you should talk to your lawyer about.
Contact Our Rock Hill, SC Pedestrian Accident Lawyers Today
At The Law Offices of Jason E. Taylor, we understand the challenges you are facing, and we are here to help. We have experience handling pedestrian accident cases and know what it takes to get results. Contact us today for a free consultation. We will review your case and advise you of your legal options. Let us help you get the compensation you deserve.