Is it ever the pedestrians fault if they get hit by a car?
There are certain cases where a pedestrian may be blamed for getting struck by a car. For example, if a pedestrian walks off a curb or sidewalk into the path of an oncoming vehicle, they may be at fault for getting hit and their subsequent injuries.
If you or a loved one suffered injuries while walking and believe a driver is at fault, it is essential to build a solid case for compensation. A pedestrian accident lawyer in South Carolina knows the laws that apply to your case to prove you are not at fault for the accident.
South Carolina Pedestrian Right of Way Laws
Under S.C. Code § 56-5-3130, pedestrians are required to walk on sidewalks whenever present and typically have the right of way. This includes when other individuals are on skateboards, rollerblades, pushing strollers, or using wheelchairs or other medically assisted devices.
Pedestrians will also have the right of way when crossing at a crosswalk. However, pedestrians who are not using a crosswalk, making use of street signals, or otherwise not adhering to traffic laws and regulations may not have the right of way and are at risk of suffering devastating injuries if struck by a vehicle.
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When to Hire a Pedestrian Accident Lawyer in South Carolina
Pedestrians are arguably at the highest risk of injury when involved in a collision. Without any protection, pedestrians are more likely to suffer life-altering and catastrophic injuries when hit by a car.
Some types of injuries we see include:
- Traumatic brain injuries (TBIs)
- Loss of limbs
- Paralysis, quadriplegia, paraplegia, and spinal cord injuries
- Herniated discs and back injuries
- Whiplash and soft tissue injuries
- Compound fractures and bone breaks
- Internal injuries
- Emotional trauma and post-traumatic stress disorder (PTSD)
This is not an exhaustive list. If you suffered another type of injury that was not included above, you may still have the right to pursue a case for compensation. A personal injury lawyer near you can help you explore your legal options.
What To Do After Being Hit By a Car in South Carolina
If you were walking and suddenly struck by a vehicle, you may be unsure how to hold the liable party accountable or what your next steps should be.
However, these steps could make all the difference in how you are able to recover compensation for your damages. Here’s what to do after you’ve been hit by a car in a pedestrian accident:
- Call 911 and emergency healthcare providers. They can document the scene, secure everyone’s safety and well-being, and ensure you get the medical treatment you need.
- If you are able take videos or photos of your injuries on your cell phone as evidence of what happened. Speak with any eyewitnesses and get their contact information. Try to obtain the insurance information of the at-fault driver as well as their phone number and email address. All of this is valuable evidence for your claim.
- When you feel up to it, reach out to a law firm familiar with handling pedestrian accident cases in South Carolina. You can learn more about what legal options are available and how to recover compensation for your damages.
Proving Fault In a South Carolina Pedestrian Accident Case
To prove liability in a South Carolina pedestrian accident case, your lawyer will need to show that someone else is responsible for causing your damages. To do this, they will need to prove these four elements of negligence:
- Duty of care – the defendant owed you a duty of care to keep you and others safe from harm
- Breach of duty – the defendant violated this duty by their negligent action or inaction
- Causation – their breach of duty caused the accident
- Damages – you now have damages (medical bills, lost wages, etc.) due to the accident
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How a South Carolina Car Accident Attorney Can Help
If the accident was the pedestrian’s fault, a South Carolina car accident lawyer can help you through these difficult times. Here’s how:
- We provide you with regular updates regarding your compensation and case status
- Our team will thoroughly investigate the cause of your injuries to establish liability
- We will go over your damages in detail to ensure no loss goes unaccounted for
- Our team will advocate for you with the insurance company to ensure you are compensated fairly for your damages
- If an insurance settlement is not reached we will be prepared to present your case in court
Contact Poulin | Willey | Anastopoulo, LLC. For Help Today
Whether you are a pedestrian struck by a car, or a driver injured when a pedestrian suddenly stepped out into traffic, our team can help.
Our firm is proud to offer a no-cost, risk-free consultation to accident victims across South Carolina. Take advantage of this opportunity by calling Poulin | Willey | Anastopoulo LLC. today for assistance with your case.