If a car crashes into you while you are walking, you may be eligible for damages from the at-fault driver. In this situation, you may want to consult with a Mt. Pleasant personal injury lawyer. From here, your lawyer can go over your legal options with you.
For those who want to file a claim against a party responsible for a pedestrian collision, the Shelly Leeke Law Firm can help. Our Mt. Pleasant pedestrian accidents lawyer is available to review your case. To get started, contact us today.
Pedestrian Definition
A pedestrian refers to someone who travels along a road or street. Examples of pedestrians include walkers and joggers. There are pedestrian laws in place in South Carolina, and these include:
- Following all lights and other traffic control devices
- Yielding to traffic before crossing in areas where no crosswalk is present
- Avoiding freeways
- Staying on the sidewalk when one is available
Much in the same vein, there are laws in effect relating to how motorists drive their vehicles around pedestrians. If a driver is negligent, they may cause a pedestrian crash. At this point, the motorist may be liable for the collision.
What to Do After a Pedestrian Accident
Immediately after being struck by a car, you may be feeling scared, confused, and unsure of what your next steps should be. Fortunately, once you get help from a pedestrian accidents attorney in Mt. Pleasant, you can rest easy. In the meantime, here are some of the steps you can take in the aftermath of your collision:
Get to Safety
First and foremost, you must get yourself to safety. If you are in the middle of the road, you may be at an increased risk of being struck a second time. By moving over to the side of the road while you wait for emergency responders to arrive, you can protect against further injury.
Call 911
Dial 911, and this will bring medical professionals and police officers to the accident scene. Medical personnel can treat your injuries. Law enforcement officials can help secure the location, gather evidence, file a police report, and determine liability.
Gather Evidence
While you wait for emergency responders to arrive at the accident scene, do what you can to preserve evidence to support your case. This is an excellent time to write down in your notes app or on a piece of paper everything you remember about how the accident happened. You can also capture photos and videos of the accident scene and other forms of proof.
Receive Medical Treatment
Obtain medical treatment and care after a pedestrian accident. Even if your injuries initially seem minor, you need to get medical help no matter what. If you do not, your untreated injuries may affect you long into the future.
Connect with a Mt. Pleasant Pedestrian Accident Attorney
Partner with a Mt. Pleasant pedestrian accident lawyer who has helped past clients achieve outstanding case results. Once your lawyer has reviewed the case details, they can help you decide if now is the right time to pursue damages as part of a personal injury claim. They can help you decide if now is the right time to pursue damages as part of a personal injury claim.
If you are dealing with substantial costs relating to your pedestrian accident, the Shelly Leeke Law Firm can assist. Our Mt. Pleasant pedestrian accident attorney may be able to help you submit a claim for the most damages possible. To learn more, reach out to us.
When to File a Pedestrian Collision Claim
One of the biggest personal injury myths relates to how long you have to submit a claim. Following a pedestrian crash, you may have up to three years to seek damages from the at-fault party. If you do not pursue damages within this period, you may be solely responsible for your accident-related losses.
You may be eligible for economic and non-economic damages. A judge or jury may award economic compensation for your medical bills, lost wages, and other losses you can quantify. You may receive non-economic damages based on your pain and suffering.
Drivers must have auto insurance in South Carolina. You may request compensation through the at-fault motorist’s insurance provider. However, an insurer may do everything within its power to protect its client, and you may need help from an attorney to get the damages you want.
Pedestrian Crash Claim
A pedestrian accidents lawyer in Mt. Pleasant can help you calculate your pedestrian collision-related losses. They may encourage you to ask for economic and non-economic damages. Once you submit your claim, your attorney will work with you to help make your case as strong as possible.
There are times when an at-fault driver’s insurance company disputes your claim. They may try to show you were in some way responsible for your accident. If they succeed, you might get only a portion of the damages you initially requested or no compensation at all.
Based on the South Carolina Contribution Among Tortfeasors Act, your damages are reduced if you are partly responsible for your pedestrian collision. As an example, if a judge or jury finds you are 10% at fault, you receive 90% of the damages you initially requested. In a case where you are determined to be primarily at fault, you will be ineligible for damages.
Pedestrian Collision Settlement
A lawyer can discuss how a personal injury settlement is determined. The defendant in your pedestrian collision case may have concerns about the strength of your argument. In this situation, they may propose a settlement.
You are not legally required to accept a settlement offer. It is in your best interests to review a proposal with your attorney. This allows you to get insights into the offer and find out exactly what it entails.
If your attorney believes a settlement offer will not provide you with sufficient damages, they will let you know. Regardless, you make the final decision on a settlement. If you are satisfied with a proposal, you can accept it and close your case.
Hire a Pedestrian Accident Lawyer in Mt. Pleasant
You do not have to navigate the legal process on your own. The Shelly Leeke Law Firm may be able to help you submit a request for damages from the party liable for your pedestrian accident. To schedule a free case consultation, contact us today.
