Curtis Dayson | February 19, 2025 | Personal Injury
Pedestrian accidents are often devastating, leaving victims with serious injuries and long-lasting emotional and financial consequences. If you’ve been injured as a pedestrian in South Carolina, it’s essential to understand your legal rights and the steps you need to take to protect yourself. Our personal injury attorneys in Columbia, SC, are dedicated to helping pedestrians who have suffered injuries due to the negligence of others. We understand the complexities of pedestrian accident claims and are here to guide you through every step of the process.
Understanding Pedestrian Accidents in South Carolina
Pedestrian accidents can occur for a variety of reasons. In South Carolina, with its busy cities like Charleston and Columbia, pedestrian accidents are an unfortunate reality. Whether crossing the street in a crosswalk, walking along the sidewalk, or even trying to make your way through a parking lot, drivers can sometimes be inattentive, distracted, or negligent, leading to serious accidents. Common causes of pedestrian accidents include:
Distracted driving: Drivers texting, talking on the phone, or engaging in other distractions are often unaware of pedestrians.
Failure to yield: Drivers are legally obligated to yield to pedestrians in crosswalks, but this doesn’t always happen.
Speeding: Speeding in areas with heavy foot traffic, such as near schools or urban centers like Charleston or Columbia, can lead to dangerous situations for pedestrians.
Impaired driving: Drivers under the influence of drugs or alcohol pose a significant risk to pedestrians.
Weather conditions: Rain, fog, or poor visibility can make it harder for drivers to see pedestrians and for pedestrians to assess their safety.
Legal Rights of Pedestrians in South Carolina
As a pedestrian, you have specific legal rights protecting you when an accident occurs. South Carolina law gives pedestrians the right of way in certain situations, particularly when crossing the street at designated crosswalks. However, if you are involved in an accident, your legal options will depend on the incident’s circumstances.
Right of Way: South Carolina’s pedestrian laws require drivers to yield to pedestrians at marked or unmarked crosswalks. If a driver fails to yield and strikes a pedestrian, the driver may be considered negligent, and you could be entitled to compensation for your injuries.
Comparative Negligence: South Carolina follows a comparative negligence rule when determining fault in an accident. This means that if you were partially at fault for the accident (for example, if you were jaywalking or not paying attention), your compensation may be reduced by the percentage of fault assigned to you. However, even if you share some fault, you may still be entitled to compensation.
Insurance Claims: After a pedestrian accident, you can pursue compensation through the at-fault driver’s insurance. If the driver is uninsured or underinsured, you may still be able to file a claim through your uninsured motorist coverage if you have it. In some cases, a lawsuit may be necessary to secure fair compensation.
What to Do After a Pedestrian Accident in South Carolina
If you or a loved one has been involved in a pedestrian accident in Charleston, Columbia, or anywhere else in South Carolina, there are several crucial steps you should take:
Seek Medical Attention Immediately: Even if your injuries seem minor, it’s essential to get checked out by a medical professional. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
Report the Accident: Call the police and file a report. This report can be crucial evidence in your case. Be sure to document everything you remember about the accident, including the location, the weather, and what you saw leading up to the incident.
Gather Evidence: If possible, collect evidence at the scene of the accident. This includes taking photos of the location, the vehicle involved, any visible injuries, and any damages. If there are witnesses, be sure to get their contact information.
Contact an Experienced Pedestrian Accident Attorney: It’s vital to speak with a personal injury lawyer who specializes in pedestrian accidents. The legal team at our firm can help guide you through the claims process, negotiate with insurance companies, and, if necessary, take your case to court.
How Our Firm Can Help You
If you’ve been injured in a pedestrian accident in South Carolina, our law firm is here to provide the support you need. We understand the challenges you face after an accident and are dedicated to helping you secure the compensation you deserve. Here’s how we can help:
Thorough Investigation: Our legal team will investigate the circumstances surrounding the accident, including speaking with witnesses, reviewing traffic camera footage, and working with experts to determine liability.
Dealing with Insurance Companies: Insurance companies often offer settlements that may not fully cover your medical bills, lost wages, and pain and suffering. We’ll fight to ensure you receive the compensation you deserve, not a lowball offer.
Expert Legal Guidance: From filing your claim to negotiating settlements or going to trial, we’ll be with you every step of the way. We aim to ensure you are fairly compensated for your injuries and losses.
Compassionate Support: At Dayson Shalabi Burkett Law Firm, LLC we understand the physical, emotional, and financial toll a pedestrian accident can take. Our team is committed to providing compassionate and personalized legal representation to help you through this challenging time.
Call Us for a Free Consultation
If you’ve been injured as a pedestrian in South Carolina, don’t wait to seek legal help. The sooner you contact our law firm, the sooner we can begin working on your case. We offer free consultations, so you have nothing to lose by reaching out to us. Let a pedestrian accident attorney from our firm fight for your rights and ensure you receive the compensation you deserve.
Contact us today at [803-973-0304] or visit our website to schedule your free consultation.