When a driver disregards the rules of the road, other people are often left to deal with the injuries that inevitably result. Fortunately for victims, a Columbia pedestrian accident lawyer could help victims like yourself recover compensation needed to deal with the resulting medical bills and life changes that have occurred because of another’s negligence.
The thoughtless of acts of someone else might leave you trying to decide what to do next. An attorney could help take you hold these wrongdoers accountable with the goal of financial recovery for you in mind.
Pedestrian Accidents and Who is To Blame
Pedestrian accidents occur could occur anywhere drivers take to the road. There is no limit to where a pedestrian accident occurs. Limits do exist, however, on who may recover from a pedestrian accident.
Sections 56-5-3110 of the South Carolina Code list rights and duties of pedestrians and drivers, some of which include:
- Unless walking in a marked crosswalk or in an unmarked crosswalk at an intersection, a pedestrian must yield the right-of-way to vehicles
- Where there is a useable sidewalk, it is unlawful for a pedestrian to walk along and on the adjacent roadway
- No one may stand in a roadway to solicit a ride
- A driver of a vehicle crossing a sidewalk must yield the right-of-way to any pedestrian on the sidewalk
- Where a driver is stopped at a marked crosswalk or an unmarked crosswalk at an intersection to allow a pedestrian to cross the roadway, a driver of any other vehicle approaching from behind must not drive around and pass the stopped vehicle
When a pedestrian follows the rules of the road, a negligent, reckless, or willful driver is at-fault for any accidents that transpire. For example, blame lies with a driver who hits a pedestrian walking in a crosswalk zone appropriately.
What is Comparative Negligence in Pedestrian Accident Cases?
Where a pedestrian’s actions contribute to the accident, blame is less clear, and so is the distribution of damages, if any. A Columbia pedestrian attorney is familiar with the state’s comparative negligence laws and knows that where a pedestrian’s behavior contributes to more than 50 percent of the accident, then the pedestrian cannot recover damages. However, if the pedestrian is 50 percent or less to blame for the accident, then the pedestrian could recover damages accordingly.
A Columbia pedestrian lawyer looks at specific information to address the issue of fault. Reviewing street cameras, taking statements from witnesses of the accident, and investigating the scene of the accident all help answer the fault question.
What are the Types of Injuries Sustained in Pedestrians?
Injuries resulting from a pedestrian accident may involve broken or fractured bones, concussions, brain or spinal injuries, and loss off limbs or limb function.
Depending on the extent of the pedestrian’s injuries, the amount of information necessary to prove damages varies. Generally, a broken arm entails less medical attention and on-going therapy and treatment than a brain injury. The costs related to any medical attention, as well as the pain and suffering as a result of the injuries are referred to as damages.
A Columbia pedestrian accident lawyer could seek compensation for a victim’s damages relating to medical bills, pain and suffering, and other costs, such as loss of income and loss of future earnings.
Know Your Rights By Speaking with an Attorney
As a pedestrian in Columbia, not only is it important to know your rights and duties, but it is pivotal to know what lies ahead of you if you have been hit and injured. Find out your rights and find out if you are eligible to receive compensation for costs resulting from your injuries. A Columbia pedestrian accident attorney knows your rights and is ready to fight for a favorable courtroom outcome.