Pedestrian accidents are usually caused by careless drivers who are not paying proper attention to the roadway in front of them. Pedestrian accidents can occur anywhere, but they typically occur at crosswalks near busy traffic intersections.
If you or someone you love has sustained serious personal injuries as a result of a pedestrian accident, you may be entitled to monetary compensation.
Experienced Charleston pedestrian accident lawyers are here to help and can meet with you to discuss the facts and circumstances of your individual case and challenge any liability disputes made by the insurance company. Skilled injury attorneys in Charleston can help you to obtain substantial monetary compensation.
Common Locations For Pedestrian Accidents
Although pedestrian accidents can occur almost anywhere, some of the more common locations for pedestrian accidents include the following:
- Crosswalks
- Sidewalks
- Roadway median strips
- Parking lots
- Parking garages
Proving Negligence
In pedestrian accidents in Charleston where a motor vehicle is involved, the most common legal theory of liability is negligence. In order to prove negligence, the injured pedestrian must prove that a driver breached the duty of care to act as a reasonable, prudent, and careful driver under the circumstances – and that this breach factually and legally caused the injured pedestrian’s damages.
An injured pedestrian can usually prove liability on the part of the driver if the driver was speeding, texting or using a cell phone while driving, or failed to yield the right-of-way to a pedestrian who was lawfully in a crosswalk at an intersection.
If an injured pedestrian can prove negligence on the part of a driver, the injured pedestrian may be entitled to some or all of the following types of economic and non-economic damages:
- Payment of all causally related medical bills, physical therapy bills, surgical bills, and all related expenses
- Compensation of lost wages for time missed from work
- Compensation for past, present, and future pain and suffering
- Compensation for past, present, and future emotional distress and mental anguish
- Compensation for loss of consortium, companionship, or spousal support
- Payment of medical bills for psychological or psychiatric treatment that is causally related to the pedestrian accident
- Compensation for loss of earning capacity in severe pedestrian accident cases, such as those involving traumatic brain injuries or internal injuries
Limitations On Recovery
In pedestrian accident cases in Charleston, defendant drivers (and their insurance companies) sometimes allege that the injured pedestrian caused or contributed to the accident.
In those cases, the insurance company will usually allege that the plaintiff pedestrian was walking outside of the crosswalk, was in the crosswalk at the wrong time (e.g., while a ‘don’t walk’ signal was flashing), was distracted and/or was not paying attention to the surroundings (e.g., by looking down or using a cellular device while walking), or was otherwise acting in a careless or negligent manner.
Under South Carolina comparative negligence law, if the injured pedestrian is deemed 51% or more at fault for the accident, they may not recover any damages. If the injured pedestrian is deemed less than 51 percent at fault, then they may recover damages. However, the recovery is limited by the extent to which the injured pedestrian was at fault.
If you have been injured in a pedestrian accident, Charleston pedestrian accident attorneys are available to help. Skilled pedestrian accident lawyers in Charleston can fight any liability disputes made by the insurance company and can negotiate with the insurance company on your behalf, helping you to obtain the monetary compensation you need and deserve. You should feel free to contact today at any time, via telephone or email, for an initial consultation.
