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Fighting for People Hit By Cars in Charleston, South Carolina

In the first half of 2022, 75 people were struck by cars and killed in South Carolina. That’s down from the same period during the previous year, but still puts the state in the top 25% for pedestrian fatalities. That’s about one in 70,000 South Carolina residents. And, of course, a great many more pedestrians are injured by motor vehicles.

If you or a loved one has been hit by a car while walking,  you should talk to an experienced Charleston pedestrian accident attorney right away.

Pedestrian Accidents are Serious

Any motor vehicle accident can be deadly, but when it’s thousands of pounds of fast-moving metal against the human body, serious injuries and fatalities are more likely. Virtually all pedestrian accidents involve negligence–negligence of the driver who hit the pedestrian, of another driver on the road, of the entity responsible for the road design or traffic signals, or of the pedestrian. 

How Pedestrian Accidents Happen

Some of the most common reasons drivers hit pedestrians include: 

  • Speeding or driving too fast for conditions: The faster a car is moving, the longer it takes to stop. So, a driver who is exceeding the speed limit or hasn’t adjusted for conditions like low visibility or wet roads is less likely to be able to stop if a pedestrian steps into the street. In addition to increasing the risk of hitting a pedestrian, traveling at higher speeds significantly increases the chance that a pedestrian who is hit will suffer serious injuries or death.
  • Distracted driving: A car covers a lot of ground in just a few seconds. At just 30 mph, a car travels 44 feet per second. That’s a lot of opportunity for a pedestrian to step into the road to avoid an obstacle on the shoulder or a child to run out from between two cars. At highway speeds, a car covers more than 100 feet per second. 
  • Drunk driving: 16% of pedestrian fatalities nationwide in 2020 involved an intoxicated driver. 

Other types of driver negligence that may cause or contribute to pedestrian accidents include driving while fatigued and failing to move over to provide space when a car is broken down on the side of the road or a pedestrian is walking on the shoulder. 

Pedestrians’ actions often contribute to the accident as well. When this happens–or can be argued–the responsible driver’s insurance carrier will usually try to shift as much of the blame to the pedestrian as possible to minimize the payout or avoid liability altogether. That’s one reason it’s important to work with an experienced car accident attorney who knows the insurance companies’ tricks and is prepared to counter effectively. 

To protect against being hit by a motor vehicle, pedestrians should: 

  • Avoid walking while intoxicated: While walking may seem a better option than driving when you’ve been drinking, it’s still risky. 31% of pedestrians killed in traffic in 2020 were intoxicated. The best option if you’re under the influence is to get a ride with a sober friend or call a taxi or rideshare. 
  • Remain alert while walking: Distractions can be just as dangerous for a pedestrian as for a driver. Refrain from texting while walking, especially when walking near traffic or crossing a street. And, don’t block out traffic and other ambient sounds with headphones or ear plugs. 
  • Obey traffic laws and signals: That means crossing at the crosswalk (or a corner, if there is no crosswalk) and never crossing against the light. For added safety, wait to make sure any oncoming traffic is slowing to stop before you enter the street–don’t assume that because you have the right of way, traffic will yield. 

Other Types of Negligence in Pedestrian Accident Cases

Some other examples of situations in which someone else’s negligence may contribute to a pedestrian accident include: 

  • Another driver behaving negligently in a way that causes a car to hit a pedestrian, such a slamming on the brakes in traffic and causing the driver to swerve to avoid a collision
  • Poor road design that has pedestrians crossing without a traffic signal at a blind curve
  • A shopping center landscaping its parking lot in a way that makes it difficult or impossible for a car pulling out to see foot traffic (or vice versa)

An experienced Charleston pedestrian accident attorney like Frank Hartman can assess the circumstances of your accident and identify any possible responsible parties beyond the driver who hit you. 

What if the Pedestrian Was Partly Responsible? 

Under South Carolina law, an injured pedestrian who was partly responsible for the accident can receive compensation as long as they were not more than 50% responsible. But, the amount of damages available will be reduced in proportion to the injured person’s fault. So, for example, a pedestrian who was 25% responsible for the accident would only be entitled to compensation for 75% of their damages. 

Talk to an Experienced Charleston Pedestrian Accident Attorney Right Away

Attorney Frank Hartman understands how traumatic being hit by a car or truck can be, and knows how important it is that you get the compensation you need to recover and rebuild. To learn more about how The Hartman Law Firm can help, call 843-300-7600 right now, or fill out the contact form at the bottom of this page.

Pedestrian Accident Lawyer FAQs

What compensation is available in a pedestrian accident claim?

Compensation for pedestrian accidents is tied to the severity of your injuries. An injury can put you out of work for several weeks or even affect the trajectory of your entire career.

We try to never pay attention to what someone purports to be an average verdict or settlement in a pedestrian accident case. As your lawyer, Frank will work to maximize your damages by knowing the details of your situation and leveraging his ability to put pressure on the insurance company.

Whose insurance pays for a pedestrian accident?

If you can prove that the driver was to blame for the pedestrian accident, their insurance company would have a legal obligation to pay for your damages up to the amount of the policy limit. If the driver’s insurance is not enough to cover your damages, you may file a claim against your underinsured motorist coverage on your car insurance policy. The driver may also be personally liable for uncovered damages if you file and win a lawsuit.

When should I contact a pedestrian accident lawyer after being hit by a car?

The sooner you contact a Charleston pedestrian accident lawyer, the better. Being hit by a car is traumatic, and it’s understandable that you might feel like you’re not up to doing business and talking to lawyers. But you will be hearing from the responsible party’s insurance company. No matter how nice they seem on the phone, they typically don’t have your best interests at heart. Their job is to protect company profits. When you connect with a pedestrian accident attorney early, they’ll handle those communications for you to protect your claim.

What does a pedestrian accident attorney do to help injured victims?

One of the first and most important things a pedestrian lawyer does for an injured person is to create a buffer between the injured party and the responsible party’s insurance company. Insurance carriers often attempt to manipulate an injured person into a quick, inadequate settlement or try to trip them up to weaken the case.

The attorney can also investigate, identify any additional possible responsible parties, gather evidence, interview witnesses, hire and work with experts, handle settlement negotiations and–if necessary–try the case before a Charleston jury.

Can a pedestrian lawyer help me if the driver left the scene of the accident?

If the driver left the scene of the accident and you don’t know who they were, your Charleston pedestrian accident lawyer may be able to conduct an investigation and identify the responsible party. If that isn’t possible and the responsible party isn’t apprehended by police and doesn’t come forward, you may still be entitled to collect damages under your own uninsured motorist coverage.

You may think that you don’t need an attorney for uninsured motorist coverage since you’re dealing with your own insurance company. Unfortunately, that isn’t always true. Insurance companies like to hold on to their money, even when dealing with their own customers.

How is fault determined in a pedestrian accident case?

Any person whose negligence caused or contributed to a pedestrian accident may be at least partially at fault. Negligence can be established in many ways, but one of the most common, where pedestrian accidents are concerned, is violation of a traffic safety law. In some cases, someone other than the motorist and the pedestrian may share fault. For example, if the driver who hit the pedestrian was swerving to avoid an unsecured object that flew off the back of a pick-up truck, the driver of the pick-up may be partly responsible. One of the first things your pedestrian accident lawyer will do is assess your case to identify all possible responsible parties.

What compensation can I recover with the help from a Charleston pedestrian accident lawyer?

The compensation available in a pedestrian injury case will depend on the actual damages suffered. For example, a pedestrian accident settlement often includes compensation for medical expenses, lost wages due to the accident, other expenses necessary because of the accident, and pain and suffering. But not all of those types of damages are available in every case, and in some cases there are additional types of damages. And, of course, the amount of compensation will vary depending on the amount of your medical bills, how much work time you lost, and other factors.

Do I need a pedestrian accident law firm if my injuries seem minor?

The key word in this question is “seem.” If your injuries were minor and you have fully recovered and won’t have any additional costs associated with the accident, you may be able to negotiate a small settlement without an attorney. The problem is that soon after the accident, you may not be fully aware of the extent of your injuries–and insurance companies sometimes count on that to rush through a quick, low settlement before you know what you might be entitled to. The best way to avoid that is to consult a pedestrian accident law firm.

How long do I have to file a pedestrian accident claim in South Carolina?

In most injury cases, including pedestrian accident injury cases, the injured person has three years to file a lawsuit. The same is typically true if you have lost a loved one to a pedestrian accident. However, there are some exceptions, such as when the claim is against certain governmental entities. The sooner you consult a pedestrian accident attorney, the better you can protect your claim.

What if the insurance company blames me for the pedestrian accident?

If an insurance company suggests you may be at fault for your accident, stop talking to them immediately. In fact, it’s usually best if you never talk to the insurance company and go straight to an experienced Charleston pedestrian accident lawyer. Your attorney can investigate and gather evidence to show who was truly responsible for the accident.

What types of injuries are common in pedestrian accidents?

Because a pedestrian accident involves a large, heavy vehicle making direct contact with the human body, serious injuries are common. These include broken bones, internal injuries, traumatic brain injury (TBI), and even death. Even seemingly minor injuries may turn out to be more serious than you initially think, so it’s important to seek medical attention right away.

How much does it cost to hire a pedestrian accident lawyer?

Pedestrian accident lawyers typically work on contingency. That means they charge a percentage of your settlement or verdict. When you consult an attorney, they will tell you up front what percentage they charge, what expenses you will be responsible for, and whether the percentage changes depending on how far along the process the case goes.

What should I do right after a pedestrian accident to protect my rights?

If you’re well enough to do so safely, get insurance information from the responsible driver. Take pictures or video of the scene, or ask someone else to do so. Collect contact information from any witnesses to the accident. And, of course, seek medical attention as soon as possible. The most important reason to get checked out medically is to protect your health, but it also helps protect your claim.

Then, contact an experienced local pedestrian accident attorney as soon as possible.

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