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With the expanding popularity of self-driving cars and the increasing development of driver assistance technology, some people have concerns about the safety of pedestrians when vehicles do not have a human operator. When a pedestrian gets injured, it can be unclear exactly who might be liable for their losses.

A South Carolina car accident attorney can help you sort out the liability issues and seek compensation for your injuries and losses. This article will discuss some of the challenges that can arise in situations involving self-driving cars and pedestrian injuries. 

Self-Driving Cars and Expanded Driver Assistance Technology

The lines are becoming increasingly blurred between self-driving vehicles and the constantly increasing levels of driver assistance technology in today’s passenger cars and trucks. There are not many fully self-driving cars on the road. Usually, there is a driver in the driver’s seat who can jump in and respond to a crisis.

In some collisions, there are allegations that the driver relied too much on the driver assistance technology and failed to pay attention to the road. After some crashes, witnesses have accused the driver of having been asleep at the time of the wreck. 

Driver assistant technology is improving from one year to the next. Some cars have sensors that alert the driver to the presence of an impending collision in front of, behind, or on either side of the car. Unfortunately, some drivers rely too much on this technology and avail themselves of the excuse to no longer pay attention to their surroundings while on the road.

Pedestrian Safety and Vehicle Technology

Some pedestrians also place too much faith in technology, assuming that cars with self-driving or other driver assistance features will protect the pedestrian from getting hit by the vehicle. Granted, some cars will automatically brake to prevent hitting another car or a walker, but not all vehicles have that capability. Pedestrians should always exercise caution before stepping into the street, even when they are in a crosswalk and crossing the street legally.

How to Prove Who Was at Fault

The legal analysis of liability is the same in every pedestrian accident. First, you establish the party had a duty of care toward the other person. Then, you show how the negligent party breached their duty of care and caused the collision. Finally, you prove the injuries and other losses of the plaintiff.

There is some confusion, when the plaintiff was not at fault, about who can be responsible when a self-driving car strikes a person on foot. Is the driver liable, the manufacturer of the car, or the company that developed the self-driving or driver assist technology? 

The answer to that question will depend on the unique facts of the case. For example, if the driver negligently failed to devote their attention to what was happening on the road, and instead, took a nap or watched a movie on an electronic device instead of watching the road, the driver could get held responsible for the crash. On the other hand, if the car had a mechanical malfunction, the vehicle manufacturer could be liable. 

Cases involving self-driving cars and pedestrian injuries are tricky, at best. You will want to talk to a South Carolina personal injury attorney about your case. Get in touch with our office today for help with your case.

Many people have anxiety when driving or riding as a passenger in a car. They might be surprised to learn how low their odds are of getting killed in a crash. They are much more likely to die of other causes rather than a collision.

If you got hurt or a loved one died because of a motor vehicle accident, a South Carolina personal injury attorney can help you go after the compensation you deserve from the party whose negligence caused the collision. Let’s take a look at the odds of dying in a car accident. 

Statistics for Fatal Car Crashes

The National Safety Council reports that the lifetime odds of dying from a motor vehicle crash are one in 101. In comparison, the lifetime odds of death for a pedestrian incident are one in 541, and for a motorcyclist, the odds are one in 799. Bicyclists have odds of one in 3,396. 

When you compare the deaths odds for motor vehicle crashes to the statistics for pedestrians, motorcyclists, and bicyclists, it might look as if it is safer to be a walker, motorcyclist, or bicyclist in a collision in a person driving or riding in a car, but that would be an incorrect conclusion. The odds are lower for those three groups because there are far fewer pedestrians, motorcyclists, and bicyclists than people riding around in cars and trucks. 

Comparative Lifetime Odds of Death from Various Other Causes

Before you swear off ever leaving your house again in an attempt to avoid dying in a car accident, it might allay your concerns to know the lifetime odds of death for some other causes. For example, the lifetime odds of death, based on 2020 numbers in the United States, are:

• 1 in 6 from heart disease
• 1 in 7 from any type of cancer
• 1 in 12 from COVID-19
• 1 in 21 from accidents and other incidents that were preventable
• 1 in 28 from lung disease and other chronic diseases of the lower respiratory tract
• 1 in 67 from an opioid overdose, including prescription opioid painkillers, heroin, and other forms of opioids
• 1 in 93 from suicide

Seeing these lifetime odds of death can put help to put the likelihood of death from a motor vehicle collision into perspective.

Recoverable Damages After a Car Accident

So, what are your options for getting compensation for your losses after a motor vehicle crash?

Personal Injury

You could seek money damages from the at-fault driver for your economic losses, like medical bills, lost wages, and decreased earning capacity. Also, the party who caused the accident could be liable to pay compensation to you for other losses, like pain and suffering and loss of function. 

Wrongful Death

If your close relative did not survive their injuries from a car crash, you might be able to pursue a wrongful death claim against the party whose carelessness caused the collision. South Carolina law allows the legal beneficiaries to recover compensation for the loss of the deceased person’s income that helped to support the family, loss of services performed for the benefit of the household, loss of companionship and guidance, and other losses.

Also, the estate of the decedent could recover the final medical expenses, as well as funeral and burial costs. 

A South Carolina personal injury attorney could help you hold the careless party accountable in a personal injury or wrongful death claim. Get in touch with our office today for legal help.

South Carolina law prohibits any involved party from leaving the scene of a car accident other than temporarily going to report the accident to the authorities. Unfortunately, not all people obey the law, and hit-and-run accidents occur. This can be a very stressful and overwhelming experience. Our South Carolina car accident attorney is here to help if you have been involved in a hit-and-run accident.

What to Do After a Hit And Run Accident

After a hit-and-run accident, the most important thing is to call 911 and file a police report. You should also seek medical attention promptly. If you can, take note of any information about the other vehicle and accident scene, such as license plate and details about the other car and driver. If anyone witnessed the incident, try to get their contact details.

Although leaving the scene of an accident is a crime with serious implications, many drivers never face the consequences of their actions. If the police are unable to locate the driver, you may need to seek the advice of an attorney to file an uninsured motorist claim.

Uninsured Motorist Coverage

Most people who leave the scene of the accident do so because they lack car insurance, were driving under the influence or had other legal problems they feared would come up if police were called. Even if a hit and run driver is not found, you still have options for recovering compensation for your injuries or property damage.

South Carolina requires uninsured motorist coverage for all drivers. Specifically, every driver must have minimum injury coverage of $25,00 per person or $50,000 for all involved. This covers medical costs, lost wages, and pain and suffering. Every driver must also carry minimum property damage coverage of $25,000.

To recover from this portion of your insurance, you file a suit against the “John or Jane Doe” who abandoned the accident scene.

To access this coverage, you must meet some requirements:

• You must report the accident promptly after it happens.
• Your crash and injuries must have resulted from contact with the other car or something the car did to cause you to crash. 
• You are not careless in identifying the hit-and-run driver.

Seeking coverage under your uninsured motorist policy can be difficult to go alone. Having an experienced personal injury attorney on your side can be invaluable after a hit-and-run accident and lead to a better outcome.

Speak With An Attorney

It is not uncommon for individuals to find the uninsured motorist insurance process challenging to navigate. Most people understandably do not like dealing with legal matters or insurance companies alone.

If you have questions about uninsured motorist coverage in South Carolina or need an attorney for your pending case, we can help. Do not delay seeking help as you have three years to sue on a claim, with some exceptions. Contact our office today for a free consultation.

Every year, thousands of people opt to use self-service trucks like u-hauls to move into new homes, complete projects, and much more. While services such as u-haul may make the process less expensive, most drivers are not experienced in driving commercial vehicles. As a result, accidents can occur. So, what happens if a u-haul driver hits you with insufficient or no insurance? Our South Carolina car accident attorney can help evaluate your case and determine if you may have a claim and how to pursue it.

Accidents With Moving Trucks Can Be More Severe 

Unfortunately, because of the scale and weight of many commercial vehicles, they have the potential to do a lot of damage. Moving trucks also have more blind spots than your average vehicle, and many U-Haul drivers are inexperienced at driving commercial vehicles. As a result, an accident involving a u-haul can cause a lot of damage, and injuries can be significant. 

So, what recourse do you have if a u-haul hits you? U-Haul and similar companies typically require proof of insurance before they allow a person to rent their vehicles. However, this does not guarantee that the driver’s insurance will have sufficient coverage if an accident does occur. A person may also be insured, but their insurance coverage may exclude operating a commercial vehicle. If you are faced with this situation, you may have other options.

File an Uninsured Motorist Coverage Claim

South Carolina law requires that every driver carry uninsured motorist coverage for personal injuries and related damages of $25,000 per person, or $50,000 for all people, per accident. This is the minimum required coverage, and you can also purchase more coverage. An uninsured motorist coverage claim can cover your medical expenses, lost wages, and pain and suffering (up to the coverage limit). 

If you are injured or you suffer property damage from a U-Haul driver with inadequate coverage, you may be able to file an uninsured motorist claim to cover your losses. You may even be able to stack insurance coverage across multiple policies. An experienced attorney can help you evaluate if this is possible.

File an Underinsured Motorist Coverage Claim

A second option that may be available is filing an underinsured motorist coverage claim. This insurance is similar to uninsured motorist coverage. The difference is that it could pay what remains uncovered of your injuries and property damage if the at-fault driver does not have enough insurance to cover these items. Although insurance companies are required to offer drivers this type of insurance coverage, they are not required to buy it in South Carolina.

You should be aware, however, that you can only recover damages through either underinsured or uninsured motorist coverage. This can be confusing, and having a knowledgeable attorney on your side can be invaluable. 

Speak With an Attorney Right Away  

You should contact a lawyer for advice if a u-haul driver has hit you with insufficient or no insurance. The sooner the better. You have a limited amount of time in which you may be able to file a claim in South Carolina. The statute of limitations for these types of claims is three years, with some exceptions. 

Our firm knows how to protect your rights and deal with insurance companies. Contact our office today for a free consultation.