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More and more people are walking or cycling nowadays. Whether it’s to save money or improve the environment, ditching the car has its benefits. But being a pedestrian on the road puts you at risk of serious injury if a distracted driver is around.
According to a 2022 study by Car Insurance Comparison, South Carolina ranks #4 among the 10 Most Dangerous States for Pedestrians.
Those walking, cycling or crossing intersections in the Greenville-Anderson area are at particularly high risk. According to Smart Growth America’s 2021 Dangerous By Design report, this area is the 14th most dangerous metro area in the U.S. for pedestrians.
If you’ve been the victim of a pedestrian accident in the Greenville area, navigating the South Carolina personal injury laws can be difficult and time-consuming.
Get every penny you deserve – before it’s too late – with the help of a Greenville pedestrian accident lawyer.
The majority – roughly 60% – of pedestrians hit by cars in South Carolina are typically struck while they are walking, playing, or cycling on the side of the road.
Additionally, a significant number of pedestrian accidents that result in serious injury occur while the pedestrian is entering or using the crosswalk.
There are other areas and scenarios, though, that pose dangerous situations for pedestrians in Greenville, putting them at higher risk of being hit by a car:
The type of pedestrian accident you were involved in will help to determine fault in your case so that you can get every dollar you deserve in your settlement.
The most prevalent distraction for a driver is their phone. Texting, navigating GPS or performing other tasks on phones pull the driver’s focus away from the road.
Driver impairment, whether from drugs, alcohol, or drowsy driving, is another dangerous situation that a driver imposes on nearby pedestrians since their response time is inhibited.
Drivers aren’t the only people on the road that can create deadly situations when it comes to distraction or impairment. Pedestrians that aren’t paying close attention to traffic, or those who are impaired themselves, often take risky action when sharing the road with vehicles.
Jaywalking is discouraged for a reason. When pedestrians enter the road at a location that’s not designated for crossing or when they cross at inappropriate times, an oncoming vehicle could fail to see them in time, causing an impact.
Speed limits are posted based on the patterns of traffic in the area, both vehicle traffic, and foot traffic. When drivers exceed the posted speed limit, they risk not being able to stop in time to avoid hitting a pedestrian in their path.
When visibility is low on the road ahead, whether it’s due to weather conditions, darkness, or curving roads, drivers have less time to stop their vehicle when a pedestrian enters the road.
Crosswalks are intended to make crossing the road safer. However, some crosswalks are more unsafe than others, and they create risks for pedestrians.
Some examples of unsafe crosswalks include:
The severity of the injuries you incur from a pedestrian accident directly impacts the amount of the settlement you could get from your case.
These are the most common types of injuries that are sustained as a result of pedestrian accidents:
Settlements in cases of pedestrian accidents don’t just cover the medical bills from immediate treatment. With an expert Greenville pedestrian accident attorney, you can be sure all of the damages – both economic and non-economic – are considered in your compensation.
Damages that are deemed “economic” refer to those losses that are tangible and easily calculated.
Losses incurred that are “non-economic” are often subjective and refer to harm that is less measurable.
If you’ve been injured as a result of a Greenville pedestrian accident, it’s important to understand South Carolina laws and statutes that could affect your case – and your settlement as a result.
You may think pedestrians always have the “right of way,” but there are some limitations that can be found in the South Carolina Code.
Negligence often determines fault in cases of pedestrian accidents. South Carolina uses comparative negligence to determine if damages should be recovered as well as their amount.
The South Carolina “51% Rule” says that one party can collect certain personal injury damages if they are at 50% fault or less.
For any civil lawsuits, a statute of limitations applies. This statute determines a deadline for when a claim can be filed.
South Carolina’s statute of limitations for personal injury claims is three years following the injury. This timeframe reduces to two years if the defendant in the case is an entity of the government.
Getting hit by a car is certainly physically damaging to your body, and it can be equally damaging to your livelihood and lifestyle. The days, weeks, and months following your injury are often stressful and demanding, and it’s easy to miss deadlines or mishandle legal aspects of your case when you’re handling it on your own.
The best way to get every penny of the compensation you deserve is to employ the services of a Greenville pedestrian accident attorney.
Armed with your financial and medical records, wage loss estimates, and any other documentation you provide that’s essential to your accident, we can navigate the complex legal aspects of your case and manage all of the crucial details, ensuring your settlement is fair.
(which means we’re in this fight together)
Let’s face it — you have questions.
The timeframe for the statute of limitations in South Carolina typically begins the moment the injury occurs. However, if the victim doesn’t discover the injury until later, that’s when the timeframe actually begins.
For example, if the victim doesn’t realize they have sustained an internal injury until months later and they receive treatment, the statute of limitations could begin once the injury is diagnosed.
Additionally, if a victim is mentally incapacitated as a result of the injury, this is an exception to the discovery rule, and the statute of limitations could be extended for up to five years after the injury date.
Drivers in South Carolina will find certain requirements when it comes to their liability insurance – or the maximum amount their insurance will pay to those who suffer damages they are at fault for.
Drivers must carry insurance policies that cover:
The number one thing you need to realize about insurance adjusters is that they are not working for you. They are working on behalf of the insurance company that will end up paying your settlement.
While it’s ok to speak with the adjuster, be careful what you say about the accident as well as your injury. The adjuster will look for any way to invalidate your claim or reduce the amount of your settlement.
If you’re not comfortable speaking with the adjuster, have your Greenville pedestrian accident lawyer speak to them on your behalf.
Armada Law and our partners have the experience to represent you in any case. We represent clients who are involved in auto accidents, personal injury claims, and product liability.
Let us take you from victim to victory.
