As a pedestrian, you expect drivers to follow the rules of the road and protect your safety. Unfortunately, you may suffer an injury due to a pedestrian crash, but a Myrtle Beach personal injury lawyer may be able to help you out. Your lawyer can evaluate your case and help you decide if now is the right time to seek damages from an at-fault party.
If you are dealing with the aftermath of a pedestrian crash, consult with the team at the Shelly Leeke Law Firm. We can connect you with a Myrtle Beach pedestrian accidents lawyer who will give your case the attention it deserves. To get started, contact us today.
Pedestrian Laws
There are South Carolina pedestrian laws that apply to everyone across the state. For example, a pedestrian is legally entitled to the right to use a crosswalk. If an individual is crossing the street in a crosswalk and a motorist crashes their car into them, the driver may be liable.
You cannot control whether a motorist or anyone else chooses to follow pedestrian regulations. Conversely, you can hold a party accountable if they cause an accident due to the fact that they decided not to comply with a pedestrian law. At this point, a Myrtle Beach pedestrian accidents attorney may be able to help you submit a claim for damages.
For those who were recently involved in a pedestrian collision, it may be a good idea to discuss your case with the team at the Shelly Leeke Law Firm. We can explain how liability works in pedestrian crash cases. For more information, reach out to our pedestrian accidents attorney in Myrtle Beach.
Liability for Pedestrian Accidents
Typically, the party responsible for a pedestrian accident caused the incident to happen. For instance, an intoxicated motorist may lose focus behind the wheel, causing their vehicle to veer off the road and crash into you while you are walking on the sidewalk. There are SC laws relative to impaired driving — if a motorist violates them and causes a pedestrian accident, they may be liable.
Just because you claim a motorist is at fault for your pedestrian crash does not guarantee a judge or jury will agree with you. It is your responsibility to provide a sufficient amount of evidence to support your claim. Also, you must make it clear to a judge or jury that the driver was negligent.
To prove negligence, you must show an at-fault party had a duty of care toward you and violated this legal obligation. Along with this, you must verify the party’s actions led to your accident, and you are now dealing with quantifiable or subjective losses as a result. If you are successful, you may be well equipped to secure the maximum amount of damages possible.
Pedestrian Accidents Insurance Claim
South Carolina has vehicle insurance requirements. To drive a car in the state, a motorist must have a valid insurance policy. If a driver is operating a vehicle without insurance, they are breaking the law and may be punished accordingly.
Following a pedestrian collision, you may submit a claim through the at-fault driver’s insurance policy. In the best-case scenario, the insurer handles your claim and provides you with an adequate amount of compensation to cover your accident-related losses. However, an insurance company may commit time and resources to contest your claim.
An insurance provider is focused on its clients and its bottom line. Thus, it may do whatever it can to avoid paying out your claim in the hopes that you will give up on it altogether. Fortunately, an attorney can help you deal with an insurance company and put you in a great position to get the damages you want.
Pedestrian Accidents Claim Statute of Limitations
A pedestrian accidents lawyer in Myrtle Beach can answer frequently asked questions and others relating to how much time you have to submit a claim for compensation based on a pedestrian collision. There is generally a three-year window from the date of your accident to seek damages from an at-fault party. If you do not file your claim within this period, you may be 100% responsible for your accident-related losses.
It may be beneficial to meet with a lawyer as soon as you can after your pedestrian crash. Your attorney can help you file your claim before your window to do so expires. They can help you pursue the most damages possible.
You may get economic and non-economic damages. A judge or jury may offer economic compensation for your medical bills and other losses you can quantify. You may receive non-economic damages based on the subjective harm you have incurred.
How Comparative Fault Relates to a Pedestrian Crash Claim
You and your attorney can work together to prepare an argument that compels a judge or jury to rule in your favor. The defendant in your case may consider ways to dispute your argument. If the defendant can show you are partly or fully responsible for your collision, they may only have to pay you a portion of the damages you requested or no compensation at all.
There are negligence laws that may impact how much you are able to get in damages. Based on comparative fault, you may be found partly liable for your pedestrian collision. In this situation, a judge or jury may award you partial damages.
As an example, a judge or jury may say you are 10% liable for your pedestrian crash. With this judgment, you may receive 90% of the damages you originally requested. In a case where you are determined to be more than 50% at fault, you may not get any damages.
Partner with a Myrtle Beach Pedestrian Accidents Lawyer
If you are worried you may have to pay all of your pedestrian crash-related costs out of your own pocket, it may be time to consult with the team at the Shelly Leeke Law Firm. Our Myrtle Beach pedestrian accident attorneys are equipped to protect your legal rights and keep your best interest top of mind. To schedule a free consultation, contact us today.
