Individuals who have suffered personal injuries after being hit by a car are right to be frightened and confused. They may not know where to turn to pay for their medical bills or how to demand compensation for their pain or suffering. Even if they know that a defendant may be at-fault for the accident and liable to pay, they might lack the knowledge or time to pursue the claim against aggressive insurance companies.
A Myrtle Beach pedestrian accident lawyer is ready to fight for the case. Attentive legal professionals could help protect your legal rights while working to collect the compensation that you need to set things right.
Laws that Protect Pedestrians
Getting behind the wheel of a car places a legal burden on a driver. Not only do these people have an obligation to follow the rules of the road, but they must also be sure not to place any other person at an unreasonable risk of danger.
The obligations create a legal duty that all drivers must follow. They need to act in a way that protects not only other people in cars and trucks but also pedestrians who may be walking in an area that is vulnerable to poor driving. Examples include crosswalks, sidewalks near the edge of the road, and people walking in parking lots and garages. As a result, this duty applies anytime that a person gets behind the wheel, and an attorney could help to establish this duty in claims for damages.
Helping to Prove Defendant Fault
Even though there is no doubt that a driver has a duty to protect people on foot, it is still the responsibility of injured parties to prove that a failure to provide protection caused their injuries. The mere fact that a collision with a car resulted in an injury is insufficient to prove this concept.
Instead, injured walkers must prove that a defendant was negligent. They can accomplish this by showing that a defendant received a ticker for poor driving, or by alleging that the defendant’s simple carelessness resulted in a collision. However, plaintiffs need to remain aware of the State’s law concerning modified comparative negligence. According to South Carolina Code §15-1-300, defendants can attempt to lessen their fault for a crash by alleging that a pedestrian contributed to the facts that led to an injury. For example, a defendant may state that a plaintiff was not using a proper crosswalk or entered the road from between parked cars. If a jury believes this defense, that jury may reduce or even negate an award for compensation. A Myrtle Beach pedestrian crash attorney could help to demonstrate that a defendant was the only party responsible for the collision.
Let a Myrtle Beach Pedestrian Accident Attorney Pursue the Case
It is understandable for you to be frightened or intimidated after a collision with a car, truck, or motorcycle. While you are working on making your recovery and getting your life back in order, the defendant’s insurance company is pressing you for an official statement or even alleging that you were responsible for the incident. When this happens, you need help that can assist you in collecting the compensation necessary to set things right.
A Myrtle Beach pedestrian accident lawyer stands ready to fight for you. Attorneys could work with you to explain your rights under the law and why the actions of a defendant driver may have violated those rights. Contact a lawyer today to get started.