Common Injuries in Pedestrian Accidents
Common injuries may include the following:
- Traumatic Brain Injuries: Even at low speeds, a collision can cause a pedestrian to strike their head, leading to concussions, skull fractures, or permanent brain damage.
- Spinal Cord Injuries: Harm to the spine can result in partial or full paralysis, demanding extensive medical treatment and ongoing care.
- Fractures and Broken Bones: The force of an impact could lead to broken legs, arms, hips, or ribs, often requiring surgery and long recovery periods.
- Internal Injuries: Blunt-force trauma can cause damage to internal organs, internal bleeding, or other critical health conditions that may not be immediately apparent.
- Lacerations and Contusions: Severe cuts, bruises, and abrasions may result in disfigurement or significant scarring.
- Soft Tissue Injuries: Torn ligaments, tendons, and muscles are common and may necessitate physical therapy or surgery.
South Carolina Pedestrian Laws
Understanding the pedestrian laws in South Carolina is crucial for determining liability in an accident. The state has specific rules designed to protect pedestrians and reduce the risk of accidents:
- Right of Way: South Carolina law gives pedestrians the right of way at crosswalks and intersections. Drivers must stop and allow pedestrians to cross safely.
- Use of Sidewalks: Pedestrians are required to use sidewalks when available. If there are no sidewalks, pedestrians should walk on the left side of the road facing traffic to increase visibility.
- Jaywalking: Crossing the street outside of a designated crosswalk or intersection is considered jaywalking, which can affect liability in an accident.
- Pedestrian Signals: Pedestrians are required to obey traffic signals, including walk and don’t walk signals at intersections. Failing to follow these signals can result in a reduced ability to recover compensation in an accident claim.
Pedestrian laws are designed to protect both pedestrians and drivers, and understanding these regulations is vital in determining who is at fault in a pedestrian accident.
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Who is Liable for a Pedestrian Accident?
Determining liability in a pedestrian accident can be complex, as it often involves multiple parties. In most cases, the driver of the vehicle that struck the pedestrian will be held liable. However, there are situations where other parties may also be responsible. These include:
- Negligent Drivers: The most common scenario is that the driver who hits a pedestrian is found liable due to negligent behavior, such as speeding, distracted driving, or failing to yield.
- Pedestrians: In some cases, a pedestrian may be partially responsible for the accident if they were jaywalking, crossing against a signal, or not using a crosswalk. South Carolina follows a comparative negligence rule, which means that if the pedestrian is found to be partially at fault, their compensation may be reduced by their percentage of fault.
- Government Entities: Poorly maintained roads, malfunctioning traffic signals, or dangerous crosswalk designs may contribute to a pedestrian accident. In such cases, the local government or entity responsible for road maintenance could be held liable.
- Vehicle Manufacturers: If a vehicle’s malfunction, such as brake failure or faulty steering, contributed to the accident, the manufacturer of the vehicle may be held liable in addition to the driver.
What Damages Could Be Recovered in a Pedestrian Accident Claim?
Potential damages may include:
- Medical Expenses: This includes current and future costs for hospital stays, surgeries, physical therapy, prescription medications, and assistive devices.
- Lost Wages: If your injuries stop you from working, you can seek compensation for lost income and reduced earning capacity.
- Pain and Suffering: Non-economic damages account for the physical pain and emotional distress that was caused by the incident.
- Disability and Disfigurement: Severe injuries could lead to permanent impairment or visible scars, which can profoundly affect a victim’s quality of life.
- Loss of Enjoyment of Life: Compensation may be granted for the inability to participate in hobbies, activities, or other elements of life that you once enjoyed.
- Property Damage: If personal belongings, such as a phone or clothing, were damaged in the accident, their value could also be included in your claim.
- Punitive Damages: In instances of gross negligence, such as a driver operating under the influence, courts could grant punitive damages to deter similar behavior.
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Contact Our Pedestrian Accident Lawyer in Hilton Head Today
At Bauer & Metro, P.C., we will thoroughly investigate the circumstances of your accident, collect crucial evidence, and negotiate aggressively with insurance companies on your behalf.
Time is a crucial factor in personal injury lawsuits. South Carolina law imposes a statute of limitations on pedestrian accident claims, which means you must act quickly to preserve your right to compensation. Delaying your claim could result in lost evidence or missed deadlines that could jeopardize your case. Let our Hilton Head pedestrian accident attorney advocate for your rights and pursue the compensation you rightfully deserve so you can concentrate on healing and rebuilding your life after an accident.
Contact us today at (843) 920-2844 to request a free case review with our Hilton Head pedestrian accident attorney.
