When you are struck by a car while walking, the injuries you sustain may be life-changing. Even if they are not life-threatening, the injuries you endure could have a substantial impact on virtually every aspect of your life. By establishing liability for your injuries and damages, you can ensure the at-fault party is held accountable to the fullest extent of the law.
Your dedicated North Charleston car accident lawyer with Shelly Leeke Law Firm will begin your case by conducting a comprehensive investigation into the cause of the wreck. Once we have an understanding of how the collision occurred, we can identify those responsible and bring them to justice. It may surprise you to learn that liability is not always clear when it comes to the common causes of pedestrian accidents.
The Importance of Proving Liability Following a Pedestrian Accident
Proving liability for your pedestrian accident injuries is critical. Your personal injury lawyer in North Charleston can only be successful if we can establish that someone else’s negligence was the cause of your damages. The burden of proof in civil claims is based on a preponderance of the evidence, so we must collect valuable evidence that clearly shows the cause of the accident and how the accused is at fault.
For example, we may speak with witnesses at the accident scene, request attendance at a deposition, hire accident reconstructionists, request copies of the driving, employment, and chemical blood alcohol records of the driver that hit you, and other powerful types of evidence. Much of this evidence will then be used to describe how the defendant’s conduct caused your injuries. This may be useful whether you are filing a claim with the insurance company or bringing your case to trial.
It is not unusual for multiple parties to be responsible for causing pedestrian accident injuries. You can rely on your car accident attorney to conduct an intensive investigation designed to reveal the identities of all those who share the blame. Once we have a better idea of how the accident occurred, we will have a deeper insight into who should be sued for your damages.
Top Causes of Pedestrian Accidents
Pedestrian accidents can be caused in a number of different ways. While you may initially believe the driver that hit you is at fault, you may be surprised to learn other parties could share blame as well. Here are some of the most common causes of pedestrian accidents and the parties who could be sued accordingly:
Reckless Drivers
First, you will likely want to file a claim against the driver that hit you. Negligent drivers are some of the most common causes of pedestrian accident injuries. Some examples of reckless and negligent driving could include:
- Speeding
- Failure to stop
- Making unlawful turns
- Drunk driving
- Failure to yield
- Failure to check blind spots
- Driving under the influence of drugs
- Driving while fatigued
- Aggressive driving
- Road rage and reckless driving
- Distracted driving
Shared Blame
Pedestrians are also commonly accused of causing their injuries. If you failed to use a crosswalk or jaywalking or were crossing the street while distracted, the defense might attempt to blame you for the collision. South Carolina follows modified comparative negligence laws, so it is crucial that you protect your right to compensation.
If the defense successfully argues that you share responsibility for your injuries, your settlement could be reduced, or you could be prohibited from moving forward with your case if your portion of blame is greater than 50%. This is one of the most common ways liable parties attempt to escape financial responsibility. However, we will be prepared to refute these allegations with compelling evidence and ensure blame is evaluated accurately in your case.
Hazardous Road Conditions
Road hazards may also share responsibility for the accident. If the city failed to install crosswalks at dangerous intersections, failed to replace defective crossing lights, or failed to make necessary road repairs, for example, local municipalities or even the South Carolina Department of Transportation may be at fault.
Negligent Dram Shops and Social Hosts
When local bars, nightclubs, restaurants, or liquor stores provide alcohol to someone who is already visibly impaired, according to South Carolina dram shop liability laws, these dram shops can go on to be sued for victim’s damages. The law also applies to social hosts. In these cases, social hosts are usually adults or minors who allowed the teens to consume alcohol on their premises but failed to prevent them from operating a motor vehicle.
Malfunctioning Motor Vehicle Parts or Traffic Equipment
Another common cause of pedestrian accidents is defective traffic equipment and motor vehicle parts. If the crossing signs are malfunctioning or motor vehicle parts are defective, you may be at risk of severe bodily injury or death. When these types of product liability cases occur, nearly anyone involved in the design, manufacture, and distribution of these parts or equipment could be held accountable.
Every pedestrian accident case is different. You will need to speak with your attorney in great detail about the circumstances of your case, the extent of your injuries, and how your accident occurred to determine who is liable for your damages. We will act as your strongest advocate as you demand justice for your losses and suffering.
Get Help from a Highly Skilled Pedestrian Accident Law Firm Today
As part of our investigation into your pedestrian accident case, we will need to evaluate the cause of your injuries closely. Whoever is responsible for causing the accident can be held accountable for your damages and compelled to repay you in full. It may surprise you to find that multiple parties share blame for your damages.
Your dedicated pedestrian accident attorney with Shelly Leeke Law Firm will be responsible for determining liability and exploring every possible opportunity for legal recourse. Certain damages could be recovered through the liable party’s insurance coverage, but any that remain can be sought after through your personal injury lawsuit. Find out what is next for your claim when you fill out our convenient contact form or call our office as soon as today to schedule your free, no-obligation consultation.
