Everyone is a pedestrian at some point. Whether you’re walking from the parking lot into a building or going for a run, you have a right to use the roads safely. Too often, vehicle drivers don’t pay attention or they ignore the rights of pedestrians. The results can be tragic.
Our Greenville pedestrian accident lawyers help victims that are struck by cars, trucks, busses and other automobiles. Getting hit by a car at any speed can be devastating. The Upstate Personal Injury Lawyers, LLC have 40 years of litigation experience. We represent people who are hurt when they are hit by a car or other vehicle.
Pedestrian Accident Lawyer in Greenville, SC
Our lawyers for pedestrian car accidents want to relieve you of the stress of your injuries so that you can focus on your recovery. You may deserve financial compensation. We are prepared to handle your needs and pursue compensation for you. Contact us or send us a message today for a consultation about your case.
What are the main causes of pedestrian accidents?
Main causes of pedestrian accidents include:
- Failing to stop for a person in a crosswalk
- Driving too fast in poorly lit conditions
- Not leaving sufficient distance to stop ahead
- Inattention in places where people may be present
- Driving too fast in places where people are on foot
- Inexperienced drivers
- Not coming to a full stop at an intersection
- Taking a left hand turn without the right of way
- Defects in traffic signs and lights; poor road design
- Pedestrian negligence, pedestrian occupying a street
Are pedestrians ever at fault?
A pedestrian can be at fault if they contribute to the accident. While pedestrians have the right to use the roads, they must observe right-of-way rules. A pedestrian may be at fault if they act negligently in a way that contributes to the accident.
South Carolina uses a system of comparative negligence. Even when a pedestrian has some level of fault, they may still recover some compensation. Our lawyers can help evaluate if fault may impact your claim.
Getting compensation for a pedestrian accident
Because a person on foot doesn’t have the protection of a heavy vehicle, the injuries that they have may be severe. You have the right to full damages under the law. Your right to damages is no different than other personal injury victims. There are no limits for economic damages or non-economic damages in a South Carolina pedestrian accident case.
Compensation for a pedestrian accident may include:
Economic damages
- Medical expenses and care
- Rehabilitation services
- Loss of earnings and earning capacity
- Burial costs
- Loss of use of property
- Cost of substitute domestic services
- Other monetary losses
Non-economic damages
- Pain
- Suffering
- Inconvenience
- Physical impairment and disfigurement
- Mental anguish
- Fear of loss, injury to reputation, humiliation
Punitive damages
- Are not based on losses of the victim
- Meant to punish egregious behavior on the part of the defendant
- The victim must plead for punitive damages in the complaint
(Source: South Carolina Code § 15-32-210, § 15-32-220)
How do I receive compensation for my damages?
To receive compensation for damages, review each type of damages and see if it applies to your case. If it does, you determine the appropriate value. Damages must be verified by evidence including documentation, witness testimony and experts. You must take the right steps in the legal process to claim compensation. Our lawyers can assist with all the steps to identify, prove and claim compensation for your accident.
How our pedestrian accident lawyers can help
When you’re hit by a car, the deck is stacked against you. It’s common for the insurance companies and even the police to try and blame the person on foot. However, as a pedestrian, you have rights. You don’t have to accept someone else’s version of what happened. Our pedestrian lawyers level the playing field with the insurance company and the other party who don’t want to pay what they deserve.
Some of the ways our pedestrian accident lawyers represent our clients are:
- Talking to the insurance company on your behalf; the insurance company can’t contact you directly when we represent you
- Working quickly to preserve evidence including documenting the accident scene, contacting witnesses and helping you get the medical care needed to verify your injuries
- Evaluating all types of compensation including long-term damages and pain and suffering
- Responding to allegations of fault and any bias against pedestrians
- Preparing legal documents that are accurate and complete
- Using the discovery process to gather evidence and build the case
- Motioning the court to build your legal strategy
- Attendance at court with you and on your behalf; speaking to the court
- Negotiating the settlement; providing advice on what to do about any settlement offers
- Presentation of your case in trial; examining witnesses, making arguments
- Collection of your judgment
At Upstate Personal Injury Lawyers, LLC, we specialize in helping victims including pedestrian accident victims. We know the details that make all the difference when it comes to securing the appropriate amount of compensation for a pedestrian.
Part of what we do is prepare and file legal documents. We argue in court. However, that’s just one part of our job. We also strategize, provide guidance and negotiate on your behalf until you have the result that you deserve.
Pedestrian Accident FAQs
What is a pedestrian accident?
When an accident involves a person who is not riding in a motor vehicle at the time of the crash, it is a pedestrian accident.
What is a pedestrian accident claim?
A pedestrian accident claim is the way for a victim to receive financial compensation when they are hurt. If the pedestrian sustains injuries, and the accident is someone else’s fault, they may bring a claim to receive a monetary payment. A claim requires the defendant to answer and resolve the dispute about fault and the amount of compensation.
Do I have a pedestrian accident claim?
A pedestrian accident claim depends on two factors – legal fault for the accident and damages. Legal fault may be based on negligence. Failing to allow a pedestrian to use the right of way in a crosswalk or hitting them on the side of the road may be enough. In addition, to have a pedestrian accident claim, you must have injuries and damages.
Can I bring a claim for compensation if there are also criminal charges?
A driver may face criminal charges for a pedestrian accident. Reckless driving, speeding and failure to yield the right of way are common charges. If there are charges – or even if there are no charges – you may still bring a claim for compensation.
Not only can you bring a claim for compensation, but you probably should. Financial compensation in a criminal charge is limited. A civil claim can fully represent your interests, and you can control the course of the litigation.
How long do I have to bring a pedestrian accident claim?
The time limit for pedestrian accident claims in South Carolina is three years. You must start your case by the deadline, but it doesn’t have to be finished by then. If the pedestrian accident claim results in death, surviving family members have three years from the date of death to bring the claim.
Should I hire a pedestrian accident lawyer?
The best way to know if you should hire a pedestrian accident lawyer is to reach out to our team to ask. Usually, if you receive medical care after the accident, it’s a good sign that it’s worth hiring a pedestrian accident lawyer. We aim to give you honest advice about the value of your case and how our services can help you through the process to achieve good results.
Will I have to testify in court?
Most cases don’t end with testifying in court. If reaching a settlement without trial is a priority, we can work to achieve your goals. Building a strong case before trial helps put you in position to negotiate an acceptable settlement. If you testify in court, we prepare with you so that you are confident.
Pedestrian Accident Lawyers Taking New Cases
When you’re looking for pedestrian accident lawyers near you, we invite you to get to know the Upstate Personal Injury Lawyers, LLC. We’re currently taking new cases. Our attorneys are outworked by no one. We provide aggressive representation and an honest evaluation of your case.
With our lawyers, your problems become our problems. See how we can take the burden off you so that you can focus on recovery. Contact us with a phone call, email or message to schedule your consultation.
