Pedestrian accidents are hazardous and can cause catastrophic injuries. It only takes a few seconds for a distracted driver to collide with an innocent pedestrian. Without the protection of a car, pedestrians can sustain brain injuries, internal organ damage, and spinal cord injuries. Approximately 10 percent of people killed in car accidents in South Carolina are pedestrians.
If you’ve been injured in a pedestrian accident in South Carolina, you may have a right to file a personal injury lawsuit to recover compensation. At Willcox, Buyck & Williams, PA, our team of personal injury lawyers has decades of combined experience representing personal injury victims. We’re committed to working hard on behalf of pedestrian accident victims to obtain the full compensation they deserve. Contact us today to schedule your initial consultation.
Leading Causes of Pedestrian Accidents in South Carolina
Pedestrians can become injured in various ways in South Carolina, and driver negligence is the leading cause of pedestrian accidents in South Carolina. Many pedestrian accidents involve passenger vehicles colliding with pedestrians in a crosswalk. Some of the most common causes of pedestrian accidents include:
- Fatigued or drowsy drivers
- Speeding or reckless drivers
- Distracted drivers
- Driving while under the influence of drugs or alcohol
- Making an improper turn
- Failure to yield
- Failure to stop sign or stop light
Pedestrian Accident Injuries
Pedestrians traveling by foot are defenseless against motor vehicles. When a motor vehicle is barreling towards a pedestrian, the pedestrian typically doesn’t see the car in time to avoid an accident. The force of a heavy motor vehicle colliding with a pedestrian can cause severe injuries with the potential to cause disabilities. Victims pedestrian accident cases can suffer one or more of the following type of injuries:
- Nerve damage
- Internal organ damage
- Spinal cord injuries resulting in complete or partial paralysis
- Traumatic brain injuries (TBI)
- Bone fractures
What To Do After a Pedestrian Accident
Your first step after being involved in a pedestrian accident should be to seek medical attention. If you think that your back or spine is injured, it’s wise to stay as still as possible until paramedics arrive. If you’re able to do so, call 911 and request paramedics and a police officer. The police officer will investigate the scene of the accident and submit a police report that you can utilize later for evidence in an insurance claim or personal injury lawsuit.
Try to take pictures of the accident scene if you can move around safely. Be sure to include photographs of the motor vehicle involved in your pedestrian accident and any other contributing factors. If you notice that the driver is showing signs of intoxication, such as using slurred speech, be sure to inform the police officer at the scene. We recommend getting the names and contact information of any drivers or other pedestrians involved and witnesses to the accident.
If the paramedics suggest that you go to the hospital, we recommend following through with their advice. Receiving a thorough medical evaluation and documenting your injuries is an essential part of succeeding in an insurance claim or personal injury lawsuit. It’s also important to follow through with all of the doctor’s instructions and take all of your medications. Doing so will strengthen your legal compensation claim.
Seeking Compensation in a Pedestrian Accident Lawsuit
Under South Carolina law, pedestrians who become severely injured due to a driver’s negligence can bring a personal injury lawsuit against the driver for compensation. South Carolina uses the legal doctrine of modified comparative negligence in personal injury lawsuits. If the court finds that you are less than 50% at fault for the pedestrian accident, you can still recover compensation for your injuries.
However, the court will reduce your total compensation by your percentage of fault. For example, if you are awarded $500,000 in damages, but the court determines that you were 10% at fault, you will receive $450,000 in damages. The defendant will likely argue that you were at fault for the pedestrian accident in an attempt to reduce the amount of compensation you receive.
The experienced personal injury lawyers at Willcox, Buyck & Williams, PA, know how to argue on behalf of pedestrian accident victims successfully. We will conduct a thorough investigation into your case and gather all of the relevant evidence that shows the defendant was at fault for your accident. Many personal injury lawsuits settle out of court, and we will negotiate assertively with the defense to try to obtain the best possible settlement agreement. Should the defendant fail to offer a settlement amount covering all of your damages, both economic and non-economic, we will proceed to court.
Wrongful Death Lawsuits Involving Pedestrian Accidents
Sadly, many pedestrian accidents are fatal. In South Carolina, surviving family members can file a wrongful death lawsuit on behalf of their deceased loved one. As with other personal injury lawsuits, the surviving family members must be able to prove that the defendant’s negligence caused their loved one’s death.
The surviving family members will also need to prove that they suffered a monetary loss due to their loved one’s death. Successful plaintiffs in wrongful-death lawsuits are entitled to monetary losses for funeral and burial expenses, lost income, and the loss of support and care from their deceased loved one. The personal injury lawyers at Willcox, Buyck & Williams, PA, understand how difficult it is to consider bringing a wrongful death lawsuit during the grieving process. Our empathetic lawyers can help you and your family attend the compensation you deserve on behalf of your loved one.
Contact a South Carolina Pedestrian Accident Lawyer Today
Willcox, Buyck & Williams, PA has helped personal injury victims recover the compensation they deserve for over 100 years. Victims of pedestrian accidents should not have to struggle financially because of another person’s negligence. We can help you get the justice you deserve and the compensation you need to provide for yourself and your family. Contact our South Carolina personal injury law firm today to schedule your initial consultation.