If you get struck by a vehicle while walking, you may have the right to file a personal injury claim. Doing so allows you to pursue damages to cover your losses. A North Charleston personal injury lawyer can help you submit your claim and get the most compensation possible.
At Shelly Leeke Law Firm, we protect the rights of pedestrians. Our team applies our many years of personal injury case experience to help our pedestrian accident clients achieve the best possible results. To learn more, please reach out to us to schedule a free consultation with a highly skilled North Charleston pedestrian accident lawyer today. We are available 24/7 to help you through this difficult time.
Why Pedestrian Accidents Happen in North Charleston
Many motorists prioritize pedestrian safety. These drivers follow the rules of the road and do everything in their power to protect against auto accidents. Yet, there can be times when a motorist is negligent and causes a pedestrian accident.
For example, a motorist can get distracted or drive while intoxicated. In either of these scenarios, the motorist can lose focus behind the wheel. If the driver does not see a pedestrian, they can hit that individual.
Pedestrians have legal rights. If you suffer an injury due to a pedestrian collision in North Charleston, legal help is available. At this point, you can partner with a pedestrian accident lawyer in North Charleston to review your legal options.
What to Do if You Are Involved in a North Charleston Pedestrian Accident
A pedestrian crash can be overwhelming. As soon as an accident happens, take a deep breath and try to remain calm, cool, and collected. From here, take these steps immediately after your accident:
- Call 911. Report your accident, and medical personnel and police officers will arrive on the scene to assist you and anyone else involved in it.
- Get off the road. Go to a safe area away from the main road and traffic.
- Verify that police officers put together a report. Provide police officers with information about the incident and make sure that any witnesses do the same.
- Take notes. Get the contact information of the driver involved in your accident and any witnesses.
- Capture photos and videos. Use your smartphone to take photos and videos of your injury and the accident scene.
- Get medical help. Go to a hospital or emergency room so you can undergo a medical evaluation and get treatment as needed.
Along with these things, it is beneficial to connect with a pedestrian accident attorney in North Charleston. We make no assumptions regarding your case. Rather, we get as much information as we can from you and can help you determine who is responsible for your pedestrian collision.
Who Is at Fault in a Pedestrian Accident in North Charleston
In many cases, drivers cause pedestrian collisions in North Charleston. They get into accidents with pedestrians due to the fact that they were negligent behind the wheel. Regardless of why a pedestrian incident happens, the driver can be held financially responsible for it.
A North Charleston pedestrian accident attorney can take a look at your case. If a driver was negligent and caused you to suffer an injury, you can file a claim against this individual. Your lawyer will make sure that your claim is submitted in accordance with South Carolina’s negligence laws under S.C. Code Ann. §15-3.
Shelly Leeke Law Firm can teach you about left-turn accidents and other types of pedestrian crashes. We can also explain the compensation that you can request if you are injured by a negligent driver. For more information, please get in touch with us.
How Shared Fault Can Impact Your Pedestrian Accident Lawsuit
It is not unusual for pedestrians to be blamed for causing car accidents. The driver that hit you or another third party may blame you for the accident in the hopes of taking advantage of South Carolina’s modified comparative negligence laws. According to South Carolina Code §15-38-15, if your portion of fault is greater than 50%, you may be barred from financial recovery.
For this reason, the defense may argue that you stepped out into traffic without waiting for the crossing signal. They could also argue that you were jaywalking or walking while distracted. In any case, if you are partially at fault, your pedestrian accident attorney with Shelly Leeke Law Firm will need to obtain valuable evidence that proves the defendant’s liability while reducing your culpability.
Here is an example of how shared fault could affect your pedestrian accident claim: Let’s say you were crossing in a crosswalk that did not signal that you had the right of way. You might have believed you had enough time to cross the road before traffic arrived at the intersection but were suddenly hit by a distracted driver. If the judge found you 10% at fault, you could expect to recover 90% of your pedestrian accident settlement.
Compensation You Can Request After a Pedestrian Accident in North Charleston
If you or a loved one experienced a pedestrian accident requiring medical care, you could face steep expenses. However, in these situations, you can file a claim for compensation if someone else caused your accident due to negligent behavior. Before you submit a claim, it is important to understand the elements of negligence.
A motorist has a duty of care to pedestrians, and they must comply with driving laws. A motorist breaches their duty of care to pedestrians if they ignore driving laws and cause an accident in which a pedestrian or anyone else gets hurt. On top of that, anyone who suffers damages because the motorist breached their duty of care can seek compensation from them.
When you have a pedestrian accident lawyer in North Charleston at your side, you can learn all about negligence in personal injury cases. You can pursue compensation if a driver was negligent, to the point that this individual caused your pedestrian accident and injury. Additionally, your North Charleston pedestrian accident attorney can help you request economic and non-economic damages in your personal injury lawsuit.
How Damages Work in a Pedestrian Crash Lawsuit
There is no guarantee that damages will be awarded in a pedestrian collision case. To secure damages, you must prepare a compelling argument. We can help you do just that.
We can examine your economic and non-economic losses. Your car accident attorney will encourage you to request economic damages based on your medical bills, lost wages, and other quantifiable losses. We will urge you to pursue non-economic compensation based on your pain, suffering, and other subjective losses as well.
In addition to economic and non-economic damages, you may receive punitive compensation. A judge or jury will award punitive damages to punish the driver responsible for your pedestrian accident. We can answer frequently asked questions and provide other information about punitive damages and similar legal topics during your free consultation.
How Much Money You Could Receive in a Pedestrian Collision Lawsuit
The amount of money that is awarded in a personal injury case varies. You can generally request as much money as you want in a pedestrian collision. On the other hand, you must account for the extent of your injuries, the medical care you require, and other factors to request an appropriate amount.
We evaluate the costs you have already incurred due to your pedestrian collision and any other expenses you may be forced to deal with in the future. We review your medical bills, pay stubs, and other financial documents. Then, we can calculate your economic and non-economic losses.
Once we determine the value of your damages, we can file your claim. We will do everything we can to help you secure the maximum amount of compensation. We are not afraid to negotiate with the insurance company or bring your case to trial to achieve the most favorable outcome.
How Much Time You Have to Submit a Pedestrian Crash Claim
South Carolina has a three-year statute of limitations for most personal injury lawsuits under the South Carolina Code of Laws §15-3-530. Based on this statute, you generally have up to three years from the date of your pedestrian accident to file a lawsuit against anyone responsible for your injury. If you decide not to submit a lawsuit within this time frame, you may lose the right to pursue compensation from any at-fault parties in the future.
It may be in your best interests to consult with a pedestrian accident lawyer in the days after your accident. The meeting provides a learning opportunity for all involved parties. You can explain what happened during your accident, and we can help you figure out if now is the right time to submit your claim.
Of course, even if you file a personal injury lawsuit shortly after your pedestrian collision, it may take months or years to resolve your case. You can rely on our team to represent your best interests throughout the litigation process. They may be able to negotiate a settlement that allows you to get compensation without having to go to trial.
How the Settlement Process Works After a Pedestrian Accident
You and the defendant in your case have the opportunity to negotiate a settlement before your trial date. If you receive a fair settlement offer, you can accept it and close your case. Comparatively, if you and the defendant cannot come to a settlement, you go to trial and present an argument to explain why you deserve damages.
The defendant in your case plays an important role in how your personal injury settlement is determined. For instance, you may have a wealth of evidence that you can present during a trial that shows the defendant was 100% at fault for your accident. If the defendant believes that you have a compelling argument against them, they may be inclined to propose a settlement.
You are under no obligation to accept a settlement offer. When you get a proposal, you can discuss it with your legal advocate at Shelly Leeke Law Firm. Next, you can weigh the proposal’s pros and cons and make an informed decision about how to move forward with it.
How to Evaluate a Pedestrian Accident Lawsuit Settlement Offer
Working with a legal representative who has helped their clients achieve outstanding case results is beneficial, particularly when you are evaluating a settlement offer. We will always be upfront and honest about a proposal. If we believe an offer is far less than what you could receive if you bring your case to trial, we will let you know.
We can address any concerns you have about a settlement proposal as well. We will not push you to decide one way or another about an offer. Instead, we will give you as much information as we can so you can decide if it is in your best interests to accept a settlement.
If you are not comfortable with a settlement offer, you can decline it. We would then notify the defendant about your decision. Meanwhile, we can continue to prepare for your trial date.
What to Expect Before a Pedestrian Accident Trial
We will ensure that you understand all aspects of the trial process. We will explain what happens during a trial. Also, we will help you establish realistic expectations about what could happen when your case goes before a judge or jury.
In the time before your trial date, we will gather and evaluate evidence with you. Each piece of evidence can help a judge or jury analyze your case. If you build a strong body of evidence, it will be clear to a judge or jury why you deserve to be awarded compensation.
If you are looking for a North Charleston pedestrian accident lawyer to represent you, choose one who has received dozens of positive client testimonials. We communicate and collaborate with our clients at each stage of their litigation. We leave no stone unturned in our efforts to provide their clients with the legal support they need exactly when they need it.
What Can Happen During a Pedestrian Accident Trial
We work diligently to show a judge or jury that the defendant in your case was negligent. We advocate for you and dispute claims from the defendant’s lawyer. We ensure you present evidence and witness testimony that leads to a favorable ruling.
Ideally, your argument will resonate with a judge or jury. If this occurs, they will rule in your favor. When this happens, the defendant can be required to pay damages.
Conversely, a judge or jury may find that the defendant should not be punished. In this scenario, you will not be awarded any damages. You can minimize the risk of getting this ruling in your case if you hire an experienced pedestrian accident lawyer.
How to Identify the Right Attorney for Your Pedestrian Accident Case
As you evaluate prospective law firms, find out how a lawyer bills their clients. Pedestrian accident law firms charge different rates, and each one decides what to bill. Many personal injury firms charge on a contingency basis in which you are not billed anything unless your attorney wins or settles your case per South Carolina Judicial Branch Rule 1.5: Fees.
Price is an important factor to consider when hiring a pedestrian accident lawyer, but it should not be the only factor you use during your search. You should also learn about an attorney’s experience in pedestrian accident cases. This gives you a good idea about whether they have what it takes to handle your lawsuit.
It helps to schedule a one-on-one meeting with a prospective legal advocate. This allows you to share your legal concerns and questions with the law firm and find out what they can do to help you resolve your case. If you feel confident in an attorney’s ability to represent you following your meeting, you can hire them to file your lawsuit.
Do Not Wait Any Longer to Hire a North Charleston Pedestrian Accident Lawyer
When your pedestrian accident injuries have had a devastating impact on your life, you may feel defeated. With help from a highly experienced legal advocate, you can fight to hold the at-fault party accountable. This is your chance to take control of your recovery.
Seek legal help from a skilled pedestrian accident attorney at Shelly Leeke Law Firm. Our team is here to help you in any way we can. Please contact us today to schedule a free consultation by phone or through our convenient contact form.
