People who are walking have little protection against motor vehicles, and the results of a collision can be serious. Pedestrian accidents often happen as the result of negligent, drunk, or otherwise distracted drivers. If you or someone you love has suffered injuries after being struck by a vehicle, you might have a legal right to seek compensation. A compassionate Mount Pleasant pedestrian accident lawyer could listen to your needs and work to identify effective legal options. Allow a dedicated personal injury attorney to share the burden and assist in the fight for fair compensation. Call today and set up a time for an initial legal consultation.
What is a Driver’s Duty of Care?
All drivers assume a duty of responsibility while operating a motor vehicle. This duty involves acting in a manner that does not place themselves, other drivers, passengers, or pedestrians at risk. A failure by a driver to take necessary precautions and safety measures could result in an accident. Any victim of an accident who was behaving in a reasonable manner has the right to seek recovery for their damages under the legal theory of negligence.
Negligence is a legal cause of action that permits injured individuals to bring claims against at-fault parties for damages in civil court. These claims are generally the result of accidents that led to a personal injury. Essentially, if a driver acted in a careless or reckless manner, and their behavior led to an accident, they could be deemed negligent. For a successful negligence case, a victim must prove that the driver was at fault for the accident which occurred.
For example, if a driver did not yield to pedestrians at the time of the accident, this could be strong grounds for a negligence claim. Similarly, if a driver was intoxicated or texting while driving, a claim of negligence could be pursued by a victim. A Mount Pleasant pedestrian accident lawyer could work to gather and assess evidence to see if an at-fault party was negligent.
Possible Damage Recovery in Pedestrian Injury Cases
Pedestrian accidents can result in anything from mild physical injuries to severe medical conditions, as well as emotional trauma and pecuniary losses. Potential damages include, but are not limited to:
- Scrapes and cuts
- Broken or fractured bones
- Nervous system damage
- Severe bleeding
- Burns, ranging from first to third degree
Victims who are looking to bring a claim against an at-fault party may request recovery for numerous types of damages. Along with pain and suffering, a person may seek compensation for economic trouble such as the payment for medical bills, income loss due to missed work, and lost earning-capacity as a result of the injury. Additionally, the injured individual may request non-economic recovery for emotional damages, such as the loss of enjoyment of life.
What is the Statute of Limitations?
Victims may not be able to seek compensation if they fail to meet the statute of limitations in South Carolina. South Carolina Code of Law §15-3-530 usually allows a person to file a claim up to three years after the date of the accident which resulted in an injury. Once this time has passed, the at-fault party make a motion for dismissal of any claim. While there are exceptions to this statute, it is advisable for an injured individual to make an action within this timeframe for the best chance of successfully filing a claim.
Consult with a Mount Pleasant Pedestrian Accident Attorney
If you were injured in a pedestrian accident, you probably have questions and concerns. You may be caught up in negotiations with difficult insurance companies and flooded with medical bills, all while suffering from a personal injury. A dedicated attorney understands the difficulty of trying to recover from damages and wants to help you.
A proactive Mount Pleasant pedestrian accident lawyer could help to fight aggressive insurance companies and work toward getting you full and fair compensation for your injuries. Call today to discuss your case.