Every year, pedestrian accidents cause severe injuries or even death in South Carolina and throughout the United States. Most pedestrian accidents are caused by driver or pedestrian negligence. When drivers are distracted, intoxicated, or do not follow traffic safety laws, they are more likely to strike pedestrians.
If you or your loved one have been seriously injured in a pedestrian accident that wasn’t your fault, it’s essential to take steps to protect your legal rights. You may have the right to pursue compensation through a personal injury lawsuit. The personal injury attorneys at Willcox, Buyck & Williams, P.A. have extensive experience obtaining compensation for victims of personal injury accidents in South Carolina. We are prepared to help you pursue the total amount of compensation you need and deserve.
Common Causes of Pedestrian Accidents
Preventable pedestrian accidents are far too common in South Carolina. The South Carolina Department of Public Safety has reported that a pedestrian is killed every 2.2 days. In the U.S., a pedestrian suffers serious injuries or dies in an accident once every 88 minutes, causing approximately 6,000 pedestrian deaths annually.
The majority of pedestrian deaths happen in urban locations, at intersections, and during darkness. Additionally, most pedestrian fatalities involve a motor vehicle striking a pedestrian. Distracted driving due to texting, daydreaming, alcohol use, and other distracted behaviors increases the likelihood that a driver won’t see a pedestrian in time to prevent colliding with them. Other common causes of pedestrian accidents include the following:
- Speeding can be especially dangerous in pedestrian accidents because it reduces the amount of time a driver has to identify and respond to hazards and increases the time it takes for the vehicle to stop safely
- Reckless driving can involve weaving in and out of traffic, passing a vehicle aggressively, disregarding safety signs, following too closely, cutting other drivers off, and other dangerous activities that make it challenging to avoid colliding with a pedestrian
- Intoxicated drivers who’ve consumed alcohol or impairing controlled substances may fail to see a pedestrian and stop or move out of the way to prevent an accident
- Failure to check blind spots could result in a driver not seeing a pedestrian in the vehicle’s blind spot and colliding with a pedestrian
- Failure to yield to a red light, crosswalk, or stop sign can cause a driver to strike a pedestrian and cause serious injuries
What To Do After Becoming Injured in a Pedestrian Accident
Being injured in a pedestrian accident can be traumatizing, and knowing what steps to take immediately after can be difficult. Within seconds, you can suffer severe injuries and be unable to move on the pavement. Staying calm can be difficult while under tremendous stress, but it can help you assess your injuries and familiarize yourself with what happened. If you have injuries that prevent you from moving safely, remain still and ask someone at the scene to call 911.
Calling 911 and asking for emergency services and a police officer to come to the scene is crucial. A paramedic can assess your injuries and recommend medical care. If the paramedic recommends going to the emergency room, you should follow their recommendation and receive a comprehensive evaluation at the hospital. You may not feel seriously injured because of the adrenaline masking your underlying pain.
After calling 911, it’s important to try to write down the driver’s contact information, such as their name, address, and license plate number. All parties involved in the pedestrian accident should stay at the scene long enough for police officers to report the incident. When the police officer arrives, do not unintentionally admit fault, even if you apologize out of politeness. The statements you make at the accident scene can be used against you later on when pursuing a compensation claim.
Document the Accident Scene
When possible, take photos of the accident scene with your cell phone. Try to take photos of the vehicle that struck you, speed signs, skid marks, or any other factors that could be used as evidence that the driver is liable. Writing down the name and contact information of any witnesses to the accident is important because they can be called on to testify later. Keeping the clothes you were wearing when you were injured and not washing them can also help you prove you were struck by the vehicle. You should also keep other items that may serve as evidence, such as a smashed cell phone or another electronic device crushed by the accident. After you receive medical treatment, you may want to keep a journal and write down all of your pain, injuries, and how they’ve impacted your life.
How to Recover Compensation After a Pedestrian Accident
There are two main ways to recover compensation after a pedestrian accident: an insurance claim and a personal injury lawsuit. Working with an attorney can help you pursue an insurance claim with the at-fault driver’s auto insurance provider. An attorney can also help you identify all the at-fault parties who caused or contributed to the accident. There may be multiple at-fault parties.
For example, a delivery company can be held liable if they negligently hired a driver with a history of intoxicated driving who struck you and caused your injuries. An attorney can develop a strategy for recovering the most compensation possible. Victims of pedestrian accidents can pursue several types of damages, including the following:
- Current and future medical expenses and other costs related to medically treating your injuries
- Loss of immediate wages during and after the pedestrian injury
- Compensation for your loss of future earning capacity if you’re unable to return to work due to your injuries
- Ongoing care expenses for physical therapy, rehabilitation, and at-home care
- Compensation for pain, suffering, and other non-economic damages.
Contact an Experienced Personal Injury Attorney in South Carolina
If you’ve been seriously injured in a pedestrian accident in South Carolina, the attorneys at Willcox, Buyck & Williams, P.A. are here to help. Don’t hesitate to contact us to schedule a complimentary, no-obligation case evaluation with a skilled personal injury attorney.
With law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. serves Myrtle Beach, Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.