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Columbia Personal Injury Attorney > Blog > Personal Injury > Legal Issues in Non-Crosswalk Pedestrian Accidents

Legal Issues in Non-Crosswalk Pedestrian Accidents


Non-crosswalk pedestrian accidents are much more common than crosswalk pedestrian accidents. Non-crosswalk accidents are usually much more serious as well, usually because of the tortfeasor’s (negligent driver’s) speed. At impact speeds below 25mph, the pedestrian death rate is only 10 percent. At impact speeds above 50mph, the death rate catapults to over 90 percent. In simple terms, pedestrians often survive crosswalk accidents. They rarely survive non-crosswalk accidents.

Unfortunately, a deceased victim, or even a seriously injured victim, doesn’t guarantee a large settlement. In fact, nothing, and no one, can guarantee that outcome. But a Columbia personal injury lawyer can guarantee to work hard every day to settle your case on the best possible terms. This settlement usually includes compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Pedestrian Injuries

Non-crosswalk injuries are so severe not only because of the tortfeasor’s speed, but also because these victims have no protection from oncoming vehicles. Some serious, and often fatal. Pedestrian injuries include:

  • Broken Bones: Especially after a high-speed collision, doctors typically use metal parts, like plates and pins, to surgically reconstruct shattered bones. Usually, these surgeries are partially successful. The bone heals, but the victim never regains full mobility.
  • Head Injuries: Pedestrians have no helmets, seat belts, or airbags to prevent blunt trauma head injuries. Furthermore, when these victims fall and land hard, their brains violently slam against their skulls.
  • Internal Injuries: This same force sends internal organs smashing against each other. These unprotected organs usually bleed very badly. By the time doctors detect this bleeding, many victims are already on the edge of hypovolemic shock.

A Columbia personal injury attorney works with top-notch doctors who generally charge nothing upfront for their professional services. In simple terms, no insurance, no money, no problem.

Liability Issues

Medical bills, and other injury-related bills, must be paid eventually. A Columbia personal injury attorney works to ensure that the tortfeasor, not the victim, pays these bills.

The ordinary negligence doctrine is available in non-crosswalk pedestrian injury claims. This doctrine has four basic prongs:

  • Duty: All motorists have a duty of care to avoid accidents at all times. This responsibility includes watching out for jaywalking pedestrians and avoiding collisions if possible.
  • Breach: Drivers breach their duty of care if they drive while impaired (e.g. under the influence of drugs or alcohol) or aggressively (e.g. speeding or turning unsafely).
  • Cause: The breach must substantially cause the damages. Additionally, these damages must be a foreseeable (possible) consequence of the breach.
  • Damages: Most victims must sustain physical injuries, no matter how slight, to pursue negligence claims. A few exceptions might be available in a few cases.

Sudden emergency might be the most common insurance company defense in these claims. This doctrine excuses negligent driving if the tortfeasor reasonably reacted to a sudden emergency.

Not every driving error is a breach of care, and not every jaywalking pedestrian is a sudden emergency. In fact, in most cases, jaywalking pedestrians are everyday hazards that, under the duty of care, tortfeasors must anticipate and avoid.

Count on a Tough-Minded Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, and hospital visits are available.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

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At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

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We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

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