Pedestrians are considered to be anyone who is in a crosswalk, sidewalk, or a person’s yard. Just like drivers, pedestrians are owed a duty of care by other drivers, and when this care is not given and injuries are sustained as a result, legal action should be taken. However, before taking any action, take the time to familiarize yourself on the common fact patterns of a pedestrian accident in Columbia. Doing so could have a positive impact on obtaining the total amount of damages owed to you.
Where do Pedestrian Accidents Tend to Occur?
Pedestrian accidents tend to occur in parking lots of grocery stores. In these cases, the driver of a vehicle may have been speeding through a lot and failed to yield to someone entering or exiting the grocery store. Other cases involve neighborhood roads and parks. In these area, kids are often playing and may run into the road in order to retrieve a ball or playing item that has made its way onto the street. If a driver is not paying close attention to the road or not driving at a safe speed, a pedestrian accident could possible occur.
Some drivers may also be under the assumption that pedestrians do not have the right of way, or believe that they are not entitled to yield to a pedestrian in certain scenarios. For example, in highly congested areas, such as downtown Mount Pleasant, pedestrians may have the right of way to cross a busy road. Some drivers may fail to recognize the right of way belonging to pedestrians, causing for an accident to occur.
Laws Regulating the Actions Pedestrian’s Actions
The most common offense often committed by pedestrians is jaywalking. Jaywalking occurs when a pedestrian crosses a street in a non-designated area. When a pedestrian does enter a designated crosswalk area, they should wait for the signals at the intersection to tell them when to cross.
In cases where a driver is obviously distracted by their phone, whether they are playing on their phone or texting while driver, in the moments before an accident, pedestrians may find it easy to prove negligence on part of the at-fault driver no matter if they had the right of way or not.
Difference Between Pedestrian Accidents & Motor Vehicle Accidents
One of the main differences between pedestrian and motor vehicle accidents is the amount of protection afforded to motorists as opposed to pedestrians. Pedestrians are afforded almost the same amount of protection as bicyclists and motorcyclists, meaning that an impact from a car, truck, or bus could deal a significant amount of damage to the pedestrian. In some cases, victims have sustained catastrophic injuries which require extensive medical treatment to recover from.
Tactics Used by Insurance Companies to Deny Liability
Insurance companies will often try to minimize the total amount of damages owed to a pedestrian. They will try to claim that the pedestrian somehow contributed to their accident and should not be entitled to the amount of compensation they are entitled to. Insurance companies are known to find ways to not pay someone what they are owed, so it is important for a victim to retain the services of an attorney to avoid having their compensation award limited.
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Given the various approaches used by insurance companies to deny or limit claims, the severity of injuries a victim can sustain, and the outright negligent actions displayed by at-fault drivers in these types of cases, victims should make sure to retain the services of a skilled attorney for professional legal assistance.
With a lawyer familiar with the common fact patterns of a pedestrian accident in Mount Pleasant at your side, you may be better equipped to counter any arguments made by the defense, potentially maximizing the amount of compensation owed to you.
