Do I Need to Hire a Lawyer If I Hit a Pedestrian with My Car?
It can be beneficial to hire a lawyer if you hit a pedestrian with your car due to the civil or criminal convictions you could face. While there is a greater duty on motorists to ensure the safety of others, pedestrians also have a responsibility to take care of their safety. In some cases, both pedestrians and drivers can be responsible for causing an accident.
The focus of this guide is to highlight what to do if you hit a pedestrian with your car and discuss:
- Examples of driver and pedestrian liability in auto accidents
- Compensation available in car accident claims
- How our South Carolina car accident lawyers can help
Our lawyers will be able to investigate what happened and establish who is at fault for the accident. Meanwhile, if you have further questions about your legal position as a driver or a pedestrian, our team is on hand to help.
Driver and Pedestrian Liability
Drivers can be liable for traffic accidents for many reasons. However, some of the most common contributing factors to many collisions include:
- Driving while under the influence of drugs or alcohol
- Not paying attention to the road (distracted driving)
- Failing to obey traffic signs, controls, or signals
On the other hand, pedestrians may be liable for causing or contributing to an auto accident if they:
- Cross the road unlawfully without regard for approaching traffic (jaywalking)
- Cross the road against traffic signals
- Step out between parked cars into the path of traffic, leaving drivers little opportunity to react
- Cross the street while under the influence of drugs or alcohol
- Are inattentive to traffic while crossing the street (being distracted while using a smartphone, for example)
Compensation Available in Car Accident Claims
Under S.C. Ann. § 15-38-15, you can pursue compensation after an accident, provided you are less than 50% to blame. However, issues around liability and negligence commonly arise in personal injury claims, so things can get contentious. Having an attorney fight in your corner can be beneficial for protecting your rights and ensuring your best interests are represented during the legal process.
Furthermore, assessing a pedestrian’s contribution to the accident can be challenging. For example, suppose you swerved to avoid a jaywalking pedestrian hitting another vehicle. In that case, you could recover compensation for any injuries or losses caused, provided you were less than 50% at fault for the accident. In this scenario, the pedestrian and the other driver could also file a compensation claim.
Examples of recoverable damages include:
- Medical bills and rehabilitation costs
- Lost wages and other income-related benefits
- Pain and suffering damages
- Any additional expenses related to your injuries
Our injury lawyers can clarify your situation and help you determine a suitable course of action. We aim to make the legal process as stress-free as possible for our clients by managing the challenging aspects of your case.
How Our South Carolina Car Accident Attorneys Can Help
Dealing with a compensation case after a car accident can be stressful and draining. The main benefit of working with us is that we do all the work for you. This means we handle all communications and administration in your case, negotiate with insurers, and always keep you regularly updated. When we represent you, we fight for the financial recovery you deserve by:
- Investigating the cause of the accident to identify the liable party
- Gathering evidence to support your case
- Building a claim against the at-fault party
- Assessing the value of your damages
- Mitigating any unproven allegations of fault against you
- Pursuing an appropriate settlement or court verdict for the accident
- Filing a lawsuit within the three-year statute of limitations (S.C. Ann § 15-3-530)
In most cases, we provide our legal services on a contingency fee agreement, so you do not have to worry about upfront costs. There is nothing to pay unless we win, after which our fees are deducted from your settlement or court award.
For a free legal consultation with a lawyer serving South Carolina, call 803-222-2222
Get a Free Consultation with a Personal Injury Lawyer Near You Today
Established over 25 years, Poulin | Willey | Anastopoulo, LLC. is well recognized in North and South Carolina. With offices in various locations spanning both states, we are your local choice if you are involved in a car accident. If your injuries prevent you from coming to us, we can come to you.
Our reputation for working tirelessly to support our clients highlights our commitment to getting the best outcome for everyone we represent. To learn more about how our car accident lawyers in South Carolina can help, contact the team by calling (800) 313-2546 for a free consultation. Together, we can discuss your situation and then explore your legal options in more detail at no obligation.
Call or text 803-222-2222 or complete a Free Case Evaluation form