Car accidents can be devastating, but at least the people in the vehicle have protection. When you are a pedestrian, you often do not have protection other than any obstacles that may be in the way of the vehicle. An unprotected person is no match for a car, truck, or another type of motor vehicle.
Pedestrian accidents are often among the most serious types of accidents. They have the potential to cause serious injury or death, even when they involve a vehicle driving at low speeds. Often, a pedestrian does not see a car coming before they get hurt.
An Orangeburg pedestrian accident lawyer can advise you of what legal actions are necessary should you become seriously injured in this type of accident. A compassionate injury attorney can help you decide how to seek fair compensation for your injuries.
Pedestrian Accident Damages
There are three types of damages that are recoverable from a pedestrian accident injury, which include:
- Financial damages – medical expenses, property damage, and lost wages from current and future employment earnings
- Non-financial damages – pain and suffering
- Punitive damages – awarded by a jury to punish a dangerous offender
The types of damages which you are eligible to collect depends on the nature of your case. It is important to seek representation from an experienced lawyer familiar with filing pedestrian accident cases in Orangeburg to determine what course of legal action to take.
Who is Responsible for an Accident in Orangeburg?
Determining fault in an accident that involves a pedestrian is rarely clear-cut. The plaintiff must prove certain factors in court. These factors include duty, breach of duty, harm, and cause. It must be demonstrated that the driver had a duty to the injured party, which means the responsibility to drive safely. It also must be proven that the driver breached this duty and that, as a result, the plaintiff suffered injuries that were caused by the driver’s neglect of duty.
It is not difficult to prove negligence in a pedestrian accident. Sometimes, showing that the defendant violated a traffic law or an ordinance is enough to prove that they were negligent. In some cases, the pedestrian may share some fault without taking on full responsibility for the accident. In situations where the fault is shared, the damages may be diminished due to the rule of comparative negligence.
Even if the victim is not able to recover the full amount of compensation for their injuries following a pedestrian collision, it is likely they will receive appropriate and fair compensation with a competent lawyer in Orangeburg handling their case.
Contact an Orangeburg Pedestrian Accident Attorney for Help
If you have been injured as a pedestrian, the steps you take following a pedestrian accident have a huge impact on your ability to recover damages. As the injured person, you have the burden of establishing that a driver’s carelessness resulted in the accident that caused your injuries.
An Orangeburg pedestrian accident lawyer can help establish your case so that you can focus on healing and getting your life back in place. Call today for a free consultation to learn about your options.