Just walking down the street, enjoying some fresh air, getting some exercise and then everything goes terribly wrong and you find yourself struck by a motor vehicle. If this has happened to you or a loved one, www.needaninjuryattorneysouthcarolina.com are here to help you and get you compensated for your injuries.
Pedestrian accidents make up a surprisingly high percentage of auto accidents at approximately13% according to the National Highway Traffic Safety Association (NHTSA). Also, pedestrian accidents typically occur in urban environments, at non-intersection locations, after 6pm and prior to sunrise and in most cases weather conditions are normal. Pedestrians and drivers do have to share the road and pedestrians are required under the law to use crosswalks when available, obey traffic signals and not abruptly leave a curb to enter the street. Drivers must yield to pedestrians in a crosswalk and there are other local ordinance and rules that govern how drivers and pedestrians must share the road.
South Carolina utilizes principal called “comparative negligence” which means that just as the road must be shared by drivers and pedestrians, the relative “blame” of each party is used to balance the legal claim that can be made. This principle, which is common in personal injury in South Carolina, is a complicating factor which necessitates proper legal representation as evidence must be gathered, organized and presented in a manner to ensure the best possible outcome for the pedestrian.
As with any injury case, you need to be aware that there are many critical factors, especially when an auto and pedestrian are involved which include:
- Medical expenses related to the accident.
- Loss of income.
- Emotional stress and support.
- Replacement or repair of personal property.
Pedestrian accidents can have many contributing factors that can make the case stronger for the pedestrian such as drunk driving, distracted driving (i.e. texting and driving), speeding or reckless driving, fatigued driving or illegal lane changes, turns or other inappropriate actions. With the principal of comparative negligence, these are critical matters that need to be discovered and presented to make the best possible case in favor of the pedestrian. Getting these facts are essential to making the case for the pedestrian. It is important to note that under comparative negligence if a pedestrian is found in court to be 50% or more at fault, then the pedestrian will not be awarded damages.
It is critical that you act fast and take appropriate actions to protect your rights. With the complexities of comparative negligence, you need to make sure that your case is well organized and professionally presented. If you have been involved in an accident as a pedestrian, the most important thing you can do is make sure that you have professional support and representation needed to help you make your case to give you the best chance for success. Please call us at (800)-XXX-YYYY and we’ll get on the case and take some of the load off of you. We have a substantive wealth of experience, a kind and caring team and we want to make sure you come out on the winning side.