Pedestrian Accident Lawyers in Greenville, SC.
In recent years, South Carolina has been ranked among the most dangerous states in the country regarding fatal pedestrian accidents, coming in fourth place. For some vocal South Carolina residents, this is surprising; they expected us to rank at #1.
The only states with higher death rates per capita than ours are New Mexico, Florida, and Delaware. Still, South Carolina ranks nearly 65% higher than the national pedestrian death rate and 101% higher than the national median.
We have a problem. The problem seems to be with our roads. Some experts argue that our roads and bridges simply were not designed with pedestrians in mind. But in addition to that, the streets are in a bad state of disrepair, which can lead to drivers veering away from road debris and potholes, leading them to strike someone on the side of the road accidentally.
South Carolina ranked fourth for the deadliest state in the nation for pedestrians according to a recent 2023 report from insurance comparison.
The data is pulled from the U.S. census and national highway traffic.
It states South Carolina’s pedestrian death rate is 64.6% higher than the national pedestrian death rate and 101% higher than the national median. – Live5News
Another factor is the advent of larger civilian vehicles like SUVs, which cause more damage to a human in a collision, sometimes resulting in a fatal pedestrian accident.
Unfortunately, though, the numbers seem to be getting worse. 2022 stats show an increase in pedestrian and bicyclist deaths. Something must be done for civilian safety. Until then, it is up to law firms such as ours to provide dedicated legal representation to pedestrian accident victims in hopes of helping them recover their health, sense of well-being, and finances.
If you or a loved one have been impacted by such an accident, a Greenville pedestrian accident lawyer may be able to help you recover compensation for your Greenville pedestrian accident claim.
What Are the Primary Causes of Pedestrian Accidents?
While pedestrians are encouraged to use crosswalks and drivers are expected to respect their right of way, the vast majority of fatal pedestrian accidents actually occur outside of designated crosswalks. Considering that most pedestrian accidents happen away from a marked crosswalk, it is imperative that pedestrians use crosswalks whenever possible. Jaywalking and letting a child walk home alone can be dangerous.
Sometimes, though, using crosswalks isn’t possible. For example, motorists and pedestrians have to share parking lots. In such cases, it falls to both the driver and the pedestrian to be mindful of each other in order to avoid catastrophe.
Under South Carolina law, pedestrians have the right of way when walking on a sidewalk or crossing at a crosswalk. If no sidewalks or crosswalks are available, pedestrians must travel on the shoulder of the road.
However, drivers sometimes fail to yield to pedestrians, resulting in serious pedestrian accident cases. If you have been critically injured by a driver while having the right of way, you may have grounds for legal action against the responsible party.
At Armada Law in Greenville, SC, our pedestrian accident lawyers are dedicated to helping you maximize your compensation. Even if the defendant argues that you did not have the right of way, our experienced pedestrian accident lawyers will work diligently to establish liability and ensure you receive the justice you deserve. Contact us today for a free consultation.
Right of Way Laws in South Carolina
- Pedestrians at Crosswalks
- Pedestrians have the right of way in marked crosswalks. Drivers must yield to pedestrians crossing the road within any marked or unmarked crosswalk at an intersection.
- Sidewalks
- When walking on a sidewalk, pedestrians have the right of way. Vehicles must yield to pedestrians on sidewalks and should not drive on or across a sidewalk except at a permanent or temporary driveway.
- Crossing at Non-Crosswalks
- If crossing a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection, pedestrians must yield the right of way to all vehicles on the roadway.
- Walking on Roadways
- Where sidewalks are not provided, pedestrians must walk on the shoulder, facing traffic. If there is no shoulder, pedestrians should walk as far to the left as possible, facing oncoming traffic.
Examples of different pedestrian accidents include:
- An automobile hops the curb onto the sidewalk, striking the pedestrians there.
- Defective or unclear traffic signals can be a frustrating cause for a pedestrian accident, as neither the driver nor the pedestrian is at fault. The tragic results are the same, though.
- Distracted driving is one of the leading causes for pedestrian accidents. Examples of this type of driver negligence include technological issues like texting while driving, using the dashboard GPS, and using other digital handheld devices. But distracted driving accidents are not limited to technology-influenced collisions. Distracted driving crashes also stem from eating, drinking, distracting passengers, obstacles on the road, personal grooming, reading, and enjoying music on the radio.
- Drunk driving and driving under the influence of drugs are the causes of many violent car accidents, including collisions with pedestrians. A drunk driver may not have the reaction time, depth perception, or vision that a nonimpaired driver might have, thus resulting in a crash.
- Failure to yield to the pedestrian’s right of way on a marked (or unmarked) crosswalk is a prevalent cause of accidents. Some drivers do not expect to see a pedestrian out walking across the street, regardless of where they are. When a car speeds through a pedestrian crossing, they might not ever think to look for people and may even strike them without ever seeing them there.
- Hit-and-run accidents are difficult to forgive or even fathom. What kind of driver leaves a pedestrian on the side of the road and flees the scene? It can be difficult for a driver to recover compensation in a hit-and-run accident. An experienced Greenville pedestrian accident lawyer may help you hold the hit-and-run driver accountable.
- Left-hand turns see almost three times as many pedestrian accidents as right turns. The reasons for this are that the driver’s attention is on traffic, particularly oncoming traffic, and they are not being watchful for pedestrians crossing the street.
- Nighttime sees more accidents than when conditions are bright and sunny. Driver visibility is limited in the dark of the night, so pedestrians must be extra cautious and consider wearing reflective clothing to limit the chances of an accident.
- Rolling stops seem innocent when there’s nobody around. But what if you only think you’re alone on the road? Rolling stops at crosswalks or stop signs can be very dangerous for pedestrians, as they expect you to stop and may step onto a crosswalk, only for them to be struck down.
If your Greenville pedestrian accident attorney can prove negligence rests with the other party in your pedestrian accident claim, it is possible to recover a fair settlement that goes beyond the compensation provided by the driver’s insurance company. You can schedule your free initial consultation with our law firm today to discuss your insurance claim and lawsuit.
What Are Common Pedestrian Accident Injuries?
Pedestrian accidents can be more violent and deadly than collisions between two motor vehicles. If a city bus crashes into a car, the injuries might be severe. But the damage would be absolute at any speed if that same bus hit a pedestrian.
Common pedestrian accident injuries include the following:
- Broken bones.
- Concussions.
- Facial disfigurement.
- Internal bleeding and organ damage.
- Paralysis.
- Soft tissue damage.
- Spinal cord injuries.
- Traumatic brain injuries.
What Types of Damages Could You Potentially Recover with a Pedestrian Accident Lawsuit?
With a strong case, your Greenville pedestrian accident attorneys can help you pursue compensation. This compensation may come in the form of economic or non-economic damages. In cases of cruelty or unforgivable recklessness, it may also be possible to seek punitive damages.
Economic damages may include the following:
- Future medical expenses, surgery, and medications.
- Lost future income.
- Lost wages.
- Medical bills.
- Physical therapy expenses.
Non-economic damages may include:
- Loss of quality of life.
- Lost companionship.
- Mental anguish.
- Pain and suffering.
- Wrongful death.
Schedule a Free Case Evaluation with a Greenville Pedestrian Accident Attorney Today
Armada Law promises that you will only pay if we win your pedestrian accident case. In addition to offering our legal services on a contingency fee basis, we provide a free case review to all prospective new clients. If you have any questions or concerns, we would be happy to explain your legal options if you decide to retain our legal counsel.
In order to have a winning pedestrian accident case, your Greenville pedestrian accident attorney must prove liability rests with the other party. So, the sooner our legal team has a chance to review the facts of your case, the better. Please don’t wait.
Call our Greenville, South Carolina, law office today at (864) 633-3739 to schedule your free consultation.