Unfortunately, if you are a pedestrian and there are no sidewalks, you must walk on the road. When you do, you should stay as close to the side of the road as possible. If a car crashes into you while you are walking, you may want to consult with a North Charleston pedestrian accident lawyer to find out if you can file a claim against the at-fault motorist.
For more than a decade, the Shelly Leeke Law Firm has provided legal support and guidance to those who have suffered personal injuries due to no fault of their own. We are available to discuss your pedestrian crash case. To get started, reach out to us.
What Should a Pedestrian Do if There Are No Sidewalks?
The South Carolina Department of Public Safety (SCDPS) encourages pedestrians to “be safe” and “be seen.” It may be difficult for a motorist to see a pedestrian, and as such, it may be a good idea to wear retro-reflective clothing if you have to walk in an area where there are no sidewalks. Also, SCDPS points out that pedestrians must always do the following:
- Walk on the shoulder of the roadway if there is no sidewalk.
- Walk as close to the outer edge of the roadway if there is no sidewalk.
- Follow traffic lights and signals.
- Comply with local regulations.
- Yield to traffic before you cross when there is no crosswalk.
- Stay off freeways.
- Avoid standing in roadways.
- Yield to emergency vehicles.
- Stay off roadways if you are intoxicated.
- Avoid bridges or railways where there are signals to warn off traffic.
You may follow SCDPS rules but still get hurt in a pedestrian accident. At this point, you may want to meet with a South Carolina pedestrian accident attorney from the Shelly Leeke Law Firm to discuss your legal options. For more information, get in touch with us.
If There Is No Sidewalk, What Should a Pedestrian Do?
You may be wondering where should pedestrians walk when there isn’t a sidewalk. Ideally, you should walk as far left to the side of the road as possible. You should also face traffic as you walk.
If you are unsure what can a pedestrian do if there is no sidewalk, you may still be able to walk from point A to point B safely. In many instances, pedestrians have the right of way. However, there are times when motorists have the right of way, and pedestrians must comply accordingly.
You should do everything within your power to travel safely on foot. If you are close to the side of the road and a motorist crashes into you, the driver may be liable. You may want to seek help from a pedestrian accident lawyer in South Carolina after your collision since they may be able to pursue damages on your behalf.
What to Do if I Get Hurt in a Pedestrian Accident When There Is No Sidewalk
Just because you are involved in a pedestrian collision while you are walking off the sidewalk does not mean you are liable. Following your crash, it may be best to call 911, which will bring police officers and medical personnel to the scene. Police officers can collect information that they can use to prepare a collision report, and medical professionals can treat any injuries you have suffered.
You may request damages through the at-fault motorist’s automotive insurance policy. This involves reporting the accident to the insurer, which may lead the company to pay your claim. Alternatively, an insurance company may do everything it can to protect its clients and make it difficult for you to get damages.
A pedestrian accident attorney in South Carolina can represent you as you deal with an at-fault motorist’s insurance company. If an insurer disputes your claim and refuses to pay it, your attorney may continue to negotiate with the business. Or, your lawyer may help you request damages as part of a personal injury lawsuit.
When to File a Claim After a Pedestrian Crash When There Is No Sidewalk
Your attorney can answer frequently asked questions relating to the statute of limitations for pedestrian collision claims. Generally, there is a three-year window for requesting damages based on a personal injury. If you do not file a claim within three years of your pedestrian collision, you may be solely responsible for your crash-related losses.
Based on the South Carolina Contribution Among Tortfeasors Act, you may be held partially liable for your pedestrian accident. As an example, the motorist who crashed their vehicle into you may claim you were walking in the middle of the road. If the driver’s argument is successful, they may only have to pay a portion of the damages you initially requested or provide you with no compensation.
There is a 51% rule for fault in personal injury claims. If you are found to be primarily responsible for your pedestrian accident, you may be ineligible to receive damages. Comparatively, if you share the blame but are not more than 51% liable, a judge or jury may award damages minus your percentage of fault.
How Much Money You Can Get in a Pedestrian Collision Claim
You may request economic and non-economic damages in a pedestrian collision claim. Economic compensation may be provided for quantifiable losses, and non-economic damages may be awarded for subjective ones. Reasons why a judge or jury may offer damages in a pedestrian accident case include:
- Lost wages
- Medical bills
- Pain and suffering
Your attorney can help you calculate your damages and achieve your desired case results. As part of their efforts, they may gather medical records, accident scene photos and videos, and other pieces of evidence to support your case. They may also work with you to prepare an argument that resonates with a judge or jury.
Hire a South Carolina Pedestrian Crash Lawyer
You do not have to take the blame for your pedestrian collision. At the Shelly Leeke Law Firm, we can help you build a case against anyone responsible for your pedestrian crash. To schedule a free case consultation, contact us today.
