If you were seriously injured by a motor vehicle while walking, jogging, or running in South Carolina, you may be entitled to a significant financial recovery. South Carolina law protects pedestrians, and it holds negligent drivers accountable when they cause dangerous accidents. But, in order to recover financial compensation, you will need to work with an experienced Columbia motor vehicle collision attorney who is willing to fight to protect you.
Marc Brown is an unwavering advocate for his clients, and he can help you collect the financial compensation you deserve. Request a free consultation with an experienced pedestrian accident lawyer.
What Are Your Legal Rights as an Injured Pedestrian in South Carolina?
In South Carolina, drivers have a legal obligation to avoid hitting pedestrians. While it may seem obvious that all drivers should do this, pedestrian accidents happen at alarming rates, and the South Carolina legislature has found it necessary to write this duty into the South Carolina Code. As a result, the law in South Carolina now states, “every driver of a vehicle [must] exercise due care to avoid colliding with any pedestrian.”
When a driver fails to exercise due care and hits a pedestrian, the pedestrian is entitled to recover just compensation for his or her injuries. This includes not only compensation for direct financial costs such as medical bills and lost income, but also compensation for pain and suffering, emotional trauma, and other non-financial losses. Auto insurance covers pedestrian accidents, so most cases will involve filing a claim with the negligent driver’s insurance company. However, since South Carolina only requires drivers to carry $25,000 in bodily injury liability (BIL) coverage, in many cases, injured pedestrians will need to pursue other sources of financial recovery as well. Depending on the circumstances involved, these may include:
- An uninsured/underinsured motorist (UIM) claim (with stacking if multiple policies are available)
- A claim for a road or vehicle defect
- A claim for a bicycle or helmet defect
- A claim against the at-fault driver’s employer (if the driver was on the clock when the car accident occurred)
Common Pedestrian Accident Questions
When Can You Seek Financial Compensation For A Pedestrian Accident?
Any time you are involved in a collision with a motor vehicle as a pedestrian, you should speak with an attorney about seeking just compensation. We represent individuals who have been injured in pedestrian accidents throughout South Carolina, and we are happy to provide you with a free assessment of your legal rights.
Claims against negligent drivers, product manufacturers, road contractors, government entities, and drivers’ employers can take many different forms, and attorney Marc Brown can use his experience to identify all of the claims you have available. Common grounds for seeking financial compensation after pedestrian accidents in South Carolina include:
- Speeding
- Running a red light or stop sign
- Attempting to “beat” a yellow light at an intersection
- Driving while drunk or high
- Driving while distracted
- Drifting or swerving off of the road
- Falling asleep behind the wheel
- Designing, manufacturing, or selling a dangerous vehicle, vehicle component, bicycle, or bicycle helmet
- Designing or building a dangerous road
- Hiring an inexperienced driver or a driver with a bad driving history
What If The Insurance Company Accuse Me Of Being At Fault?
If the insurance companies accuse you of being at fault, you will not be alone. The insurance companies routinely try to avoid liability by blaming accident victims for their own injuries, and this is especially common in pedestrian accidents. While you should not let the insurance companies blame you, you should also know that even if you were partially at fault, you could still be entitled to a financial recovery under South Carolina law.
Get Legal Help Today – Call Our Columbia Pedestrian Accident Attorney Today
Were you injured in a pedestrian accident in Columbia, SC, or any of the surrounding areas? If so, we want to help you. Contact us today to discuss your case with a South Carolina pedestrian accident lawyer, Marc Brown.