There is no guarantee that a driver will look out for you or your safety when walking across the street or in an open parking lot. Pedestrian accidents occur regularly, and the walker almost always fairs worse than the person in the vehicle. When you have been hurt in a pedestrian accident, contact a reputable Walterboro pedestrian accident lawyer at Shelly Leeke Law Firm.
Your Walterboro personal injury lawyer at our firm is committed to putting a decade’s worth of experience to work on your case and maximize your compensation so you can focus on healing. Schedule a free consultation today. When you do, we can discuss the next steps and how to hold the liable party accountable for your damages.
Common Causes of Pedestrian Accidents
According to the Governors Highway Safety Association (GHSA), drivers struck and killed nearly 7,485 people on foot in 2021. This is the highest number of pedestrian deaths in a single year that the agency has recorded in over four decades.
Most pedestrian accidents happen because of the driver’s negligence. We must identify the cause of the accident to determine who is to blame. Some common causes of pedestrian accidents include failing to yield the right of way, distracted driving, inclement weather, driving under the influence, and more.
Dangerous Road Conditions
The South Carolina Department of Transportation and the Colleton County Road Maintenance Department are legally obligated to maintain the area’s roadways. Unfortunately, this does not always happen. Some of the most common types of road safety hazards known for causing pedestrian accidents include:
- Lack of crosswalks
- Faulty crossing signals
- Lack of traffic lights
- Insufficient street lighting
- Failure to take action after multiple pedestrian accidents at a dangerous intersection
- Failure to properly secure roadwork construction zones
Malfunctioning Vehicle Parts
Sometimes, the driver hit you because they could not stop. This often occurs when auto parts are malfunctioning or defective. The auto parts designers, manufacturers, distributors, retail shops, and other third parties could all share culpability for your damages after a pedestrian accident.
Failing to Yield the Right of Way
Drivers intentionally make left turns without considering whether the pedestrian has the right of way. This often happens because drivers focus on other cars instead of noticing the presence of pedestrians walking through the crosswalk. Reckless drivers can be sued for pedestrian damages.
Distracted Driving
Instead of being alert to the presence of other pedestrians, drivers may focus on their cell phones or the actions of their passengers. When drivers take their eyes off the road, there is a greater possibility that the driver will not notice the pedestrian until it’s too late. Drivers could also be cited under SC Code §56-5-3890 since distracted driving, specifically texting while driving, is against the law in South Carolina.
Inclement Weather Conditions
Rain, snow, and fog can limit a driver’s visibility. When a driver’s visibility is lowered, they can potentially miss a pedestrian’s presence while crossing the street or walking along the side of the road. Motorists should be driving with extreme caution during hazardous weather.
Driving Under the Influence
Drivers who are intoxicated are more likely to harm pedestrians. Their ability to operate a vehicle safely is impacted by the alcohol or substances in their body. Not only can you hold drunk drivers accountable, but negligent dram shops and social hosts could also share partial blame under S.C. Code Ann. §61-4-580, South Carolina’s dram shop liability statute.
Parties that Can Be Held Liable in Pedestrian Accidents
It is not just the drivers whose negligence can cause harm to pedestrians. Government agencies can also be held liable for pedestrian accidents. Some government agencies are responsible for maintaining crosswalks and other pedestrian safety features.
If these features become defective, they can jeopardize a pedestrian’s life. If the markings of a crosswalk have disappeared, drivers may not know how to slow down and prepare for pedestrians to cross. Government agencies are responsible for ensuring that these features are up-to-date and safe for use.
It may be a sign of negligence when they fail to do so. Auto parts designers and distributors may face a similar plight. These parties can also be sued for damages when malfunctioning or defective motor vehicle parts cause collisions.
Common Injuries Caused by Pedestrian Accidents
Anyone in a car accident knows how serious the injuries can be. Being struck by a car as a pedestrian is just as dangerous, if not more. Pedestrians can suffer from various injuries, from broken bones to spinal cord injuries.
Depending on the impact of the accident, pedestrians can die at the scene of the accident. Even the minor injuries that pedestrians suffer can become permanent over time. Soft tissue injuries are injuries that can become more dangerous when they are left untreated.
Pedestrians seriously injured from car accidents have the right to take legal action. The severity of your injuries will determine how much compensation you should be awarded. Connecting with a pedestrian accident lawyer at Shelly Leeke Law Firm can help you make them pay.
How a Pedestrian Accident Attorney in Walterboro Can Help
When you have been hurt in a pedestrian accident, there are several parties that you have to battle for compensation. The first is the driver, who wants to avoid being held liable for your accident. The next could be a government agency that wants to avoid being held liable for its negligence.
The next is the driver’s insurance company, which will do everything it can to avoid paying out your claim. You want to ensure you have the highest chance of receiving your desired compensation. That is why you want a pedestrian accident lawyer in Walterboro to help you with your claim.
Calculating Your Damages
Your pedestrian accident lawyer should know how to assess your damages accurately. The driver’s insurance company may have offered you a settlement amount, which looks reasonable. But it may not even cover what you need for compensation.
We can estimate what compensation you are owed after extensively reviewing your damages. Even if you want to settle your claim, we can help you negotiate for a more significant amount than what the insurance company offers. We will never pressure you into accepting less than you deserve.
Resolving Your Claim
A pedestrian accident attorney in Walterboro can also give you the best solution for your claim. You can resolve your claim in a couple of ways: an insurance settlement or a trial verdict.
You may want to take your claim to trial, but it could take you longer to receive your compensation. You may also want to accept a settlement offer from the driver’s insurance company if the compensation covers all your losses. You want someone with the right legal expertise to guide you in the right direction with your claim.
Proving the Other Party’s Negligence
You also want someone who can effectively prove the other party’s negligence. Your ability to prove the other party’s negligence can influence so many factors of your claim. Insurance adjusters will be more open to settling your claim.
You may also be able to negotiate for a more significant amount of compensation. Your car accident lawyer should know how to prove another party’s negligence in an accident. We can gather the best evidence to prove how the other party’s actions contributed to your accident.
We can also prevent the insurance adjusters from establishing your negligence. In pedestrian accidents, insurance adjusters often look for ways to blame the pedestrian for their accident. Your Walterboro pedestrian accident attorney can prove that the other party is primarily liable for your accident.
Contact a Pedestrian Accident Attorney in Walterboro for Help Today
You do not have to fight for your compensation alone. Contact a Walterboro pedestrian accident attorney from Shelly Leeke Law Firm today. Our legal team ensures you receive the compensation you deserve for your injuries.
You are only one step away from taking back control of your life. Contact us online or call our office to schedule a free case evaluation. When you do, we can discuss your legal options in greater detail.
