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Do you have a case?

An injury can be devastating, no matter how it happens.

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    In personal injury cases, liability and negligence determine if you have a valid lawsuit. The person who caused the injury is liable and if we can prove negligence, we can generally increase the amount of money you receive as part of your settlement or jury award.

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Were you hit by a car?

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.

Where Do Pedestrian Accidents Occur Most?

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:

  • Drivers making a turn are often focused on traffic coming from only one direction and don’t see a pedestrian crossing their path in the other direction.
  • Work zones confuse drivers and often require pedestrian workers to be extremely close to oncoming traffic.
  • Jaywalking pedestrians surprise drivers and pop out unexpectedly in areas that aren’t designated for crossing.
  • School bus crossing rules are often disregarded by drivers, or they simply notice the stopped school bus too late.

Common Types of Pedestrian Accidents

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.

Distracted or Impaired Driver

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.

Distracted or Impaired Pedestrian

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.

Improper or Failed Use of Crosswalk

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.

Speeding Vehicle

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.

Limited Visibility

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.

Unsafe Crosswalks

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:

  • Those with no accompanying traffic signal
  • Those with insufficient street lights or other visibility issues
  • Those with faulty mechanics in signal equipment
  • Those in which the surrounding area lacks measures for speed control (like traffic signals, stop signs, reduced speed limits, speed bumps, or medians)

Common Injuries Sustained in Pedestrian Accidents

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:

  • Cuts and scrapes
  • Soft tissue damage
  • Broken bones
  • Injuries to the spinal cord
  • Brain injuries
  • Wrongful death

What damages can be recovered in a Greenville pedestrian accident settlement?

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.

Economic damages

Damages that are deemed “economic” refer to those losses that are tangible and easily calculated.

  • Medical expenses (both present and future estimates)
  • Wages lost due to the incident and resulting treatment
  • Reduced ability to earn wages in the future

Non-economic damages

Losses incurred that are “non-economic” are often subjective and refer to harm that is less measurable.

  • Pain and suffering
  • Exacerbation of existing medical conditions
  • Humiliation or reputation damage
  • Emotional damage
  • Loss of enjoyment in life

South Carolina pedestrian and personal injury laws to consider

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.

South Carolina Pedestrian Laws

You may think pedestrians always have the “right of way,” but there are some limitations that can be found in the South Carolina Code.

  • Pedestrians are required to obey traffic regulations and traffic devices.
  • In intersections that have traffic signals, pedestrians must use designated crosswalks.
  • When pedestrians are not using marked crosswalks, they are required to yield the “right-of-way” to vehicles.
  • Pedestrians are required to yield to emergency vehicles.
  • If sidewalks are present, pedestrians must use them.
  • Outside of official duties, pedestrians are forbidden from walking along the freeway.
  • Hitch-hiking is not lawful.

South Carolina Negligence Laws

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.

South Carolina Statute of Limitations

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.

How do you ensure you get the compensation you deserve?

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.

WE DON'T GET PAID UNTIL YOU DO

(which means we’re in this fight together)

1.
1

Get An Advocate

Start today with a free case review
2.
2

Compile Details

We will collect everything needed to prove your claim
3.
3

Heal and Rest

Take the steps needed to rest and recover
4.
4

Communicate Demand

Collaborate to put together a demand and negotiate outcome
5.
5

File Lawsuit

If your needs are not met, we take them to court
6.
6

Discovery

Both sides collect and submit evidence for use in court
7.
7

Mediation

Attempt to obtain mutual agreement before going to court
8.
8

Trial

Your loss is made clear in court to meet best outcomes

Frequently Asked Questions

Let’s face it — you have questions.

What’s the Discovery Rule in South Carolina?

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.

Does South Carolina have auto insurance liability limit requirements?

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:

  • $25,000 minimum for bodily injury per person
  • $50,000 minimum for all injured people in a single accident

Can I trust the insurance adjuster that’s calling me?

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.

This Is What We Do

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.

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