These days, it seems as if you take your life into your hands every time you walk on the streets and sidewalks. Regardless of the protections afforded by the law, you often contend with reckless drivers as a pedestrian. When one of these drivers has injured you or a loved one, you may have a legal claim that could entitle you to substantial financial compensation. Hunter & Everage represents injured clients as they seek a settlement or award to pay for their damages.
Pedestrian Laws in South Carolina
South Carolina law specifically instructs drivers to use due care to avoid colliding with a pedestrian. In addition, pedestrians have the right of way at various times, and drivers must stop when a pedestrian has entered a marked or unmarked crosswalk. Further, pedestrians also have the right of way on sidewalks. When a driver is stopped because they are yielding the right of way to pedestrians, other drivers cannot pass them.
Pedestrians must only cross the road when they have the right of way and must observe traffic signals and yield when they are required to do so.
The Growing Dangers to Pedestrians in Rock Hill and York County, SC
Pedestrians face significant dangers, both in South Carolina and the country as a whole. The number of serious pedestrian accidents has been skyrocketing over the last 15 years, as fatalities have reached a 40-year high. The elevated level of fatalities shows no sign of falling, despite awareness campaigns and half-hearted measures to protect pedestrian safety.
Reasons for the escalating danger to pedestrians include:
- More drivers are acting recklessly and showing less respect for traffic laws
- Planners have prioritized the efficiency of moving traffic over pedestrian safety
- Motorists are more distracted because of their cell phones and do not see pedestrians crossing the road
- The design of vehicles, with a high and straight front grill, keeps drivers from seeing pedestrians
- More motorists are opting for heavier and larger trucks that strike pedestrians higher on their bodies and cause more severe injuries
Thus, there is less of a chance that pedestrians would walk away from an accident completely unhurt. More likely, they are dealing with life-changing injuries or worse.
Fault Determination in a Pedestrian Accident
Your pedestrian accident compensation is contingent on being able to prove that the driver was negligent. After the accident, the insurance company will consider the evidence that your lawyer presents and determine whether their driver was negligent. In a pedestrian accident case, negligence means the driver has done something that would be considered unreasonable under the circumstances.
Ways that drivers can be negligent include:
- Running a stop sign or red light
- Speeding
- Missing a crosswalk because the driver was distracted or on their phone
- Failing to yield the right of way to a pedestrian in a crosswalk when making a turn
- Not knowing the law that determines when the driver needs to stop for a pedestrian
As the claimant, you are the one who has the burden of proof to show that the driver was negligent. Your lawyer would conduct an immediate investigation, compiling the necessary evidence to show what happened.
You must be prepared to deal with the insurance company’s effort to blame the accident on you.
Insurance companies look to place the blame on accident victims because they know that it could reduce the amount they have to pay.
Why You Need a Lawyer for a Pedestrian Accident Case
The insurance company can quickly determine if they have a serious problem. They can see the severity of your injuries, understand what their driver did, and know that they may need to pay out a significant amount. Thus, they may do everything in their power to put as many barriers in your way as possible.
When you hire our attorneys for your case, we will do the following:
- Compile the evidence needed to show negligence and establish your legal right to compensation
- Estimate the value of your damages so you know much to seek in a claim or lawsuit
- Defend you from the insurance company’s never-ending attempts to point the finger at you
- Prepare the claim or lawsuit to file on your behalf
- Negotiate the amount of compensation with the insurance company, giving you advice to reject offers that do not fairly and fully pay you
- Try your case in court if the insurance company will not fully pay
These are all tasks you would struggle to perform on your own, especially when you are dealing with serious physical injuries.
Our York County Pedestrian Accident Lawyers Are Ready To Help You
Reach out to the experienced pedestrian accident lawyers at Hunter & Everage to begin the legal process. Our lawyers are here to make your life easier while standing up to those who may seek to compromise your legal rights. Insurance companies know the experience and success of our firm. You can get in touch with an attorney by sending us a message through our website or by calling us today at 704-377-9157. We are standing by and ready to go to work for you.