Any collision with a motor vehicle is potentially devastating for pedestrians, even when a vehicle is traveling at slow speeds. Pedestrians lack any sort of buffer around them, which means they suffer a direct impact. The good news: In South Carolina, injured pedestrians can seek financial compensation if they prove the driver who struck them was negligent. Call Hart Law today for assistance finding useful evidence and pulling together a claim. We have won millions for injured victims like you.
Negligence: The Key Elements
Negligence has four elements in South Carolina:
1. The driver owed a duty of care to the pedestrian.
2. The driver failed to fulfill that duty (breached the duty).
3. The pedestrian suffered damages.
4. The driver’s breach caused the accident and injuries.
As the accident victim, you need to prove all four elements to bring a successful claim. Each of them fits together like pieces in a puzzle.
Proving some of these elements will be easier than others. For example, if you are immediately hurt, then you should go to the hospital to receive medical treatment. X-rays and other tests will help document the injuries caused by the direct impact. That’s how you document damages.
Causation is also apparent if you were struck while crossing the street. There is an obvious, tight connection between getting struck by a moving vehicle and common traumatic injuries such as fractures, concussions, and whiplash.
Other elements of negligence are trickier to prove. Whether the driver fulfilled their duty of care (element #2) is often the most contested. Many drivers will immediately blame the pedestrian for causing the crash, while the pedestrian is certain a driver who crashed into them is to blame.
Was the Driver Careless?
There are many reasons why a driver will collide with a pedestrian:
- Distraction, including cell phone use while driving
- Fatigue or even falling asleep behind the wheel
- Chemical impairment, including impairment by alcohol or drugs
- Speeding
- Illegal turns
- Failure to maintain lookout
Drivers are supposed to exercise the reasonable care we expect of other drivers in a similar situation. Unfortunately, too many motorists fail to look out for vulnerable pedestrians, who suffer the worst of any crash.
A driver who violates a crosswalk or traffic law can be found to have been negligent “per se.” This means the violation of the law is all that’s needed to establish a failure to exercise due care. Let our legal team analyze the facts to see the best way to make out an accident claim.
Key Pieces of Evidence in a Pedestrian Accident Case
Hart Law can easily jump in and help injured pedestrians find the evidence they need to document a crash. Anyone suffering from major injuries will need to either stay in the hospital or recover at home. They are in no position to do the heavy lifting required to pull together an injury claim.
Our pedestrian accident lawyer can seek out useful evidence, including:
- Cell phone records. These records can show when the driver was on the phone. We can use them to prove the driver was texting or having a conversation at impact, which is proof the motorist was distracted and negligent.
- Witness statements. Witnesses can share what they observed after the crash, including whether the driver was yawning uncontrollably or stumbling around as if drunk. Witnesses can also tell us more about the actions the driver took, such as speeding to beat a red light or passing a stopped vehicle at the crosswalk. Ideally, injured victims can speak to witnesses, although they might be in too much pain.
- Toxicology or breathalyzer results. One reason to call the police is so they can investigate the driver’s level of impairment and possibly request a chemical test. Hart Law can seek to use this evidence in a pedestrian accident case. A high number blown on a breathalyzer is strong proof.
- Physical evidence. Sometimes skid marks on the road or indentations on the vehicle are useful pieces of evidence. Ideally, you want to hire an attorney quickly before this evidence disappears or is washed away.
- Defendant’s statements. Defendants sometimes blurt out statements that show they were not careful. “I wasn’t even looking!” and “I knew I should have stopped!” are only some of the more obvious confessions of guilt. Share with your attorney anything the driver said once exiting the vehicle or while waiting for the police to arrive. We can use these statements to establish fault.
This is not a complete list of evidence, but only some of the most meaningful. Call an attorney to begin the process of building your claim.
Responding to Accusations of Comparative Negligence
South Carolina is a comparative negligence state. Injured victims can seek compensation for an accident provided they are not more than 50% to blame for the crash. Our state Supreme Court adopted this rule in 1991. It is more helpful to victims than the old rule, which prevented any compensation when a person was at least 1% at fault. Nonetheless, defendants have often relied on the new rule to escape liability.
Injured pedestrians should expect the driver to blame the pedestrian at least partly for the accident. That would reduce the motorist’s compensation and, in some cases, eliminate liability entirely. Chris Hart is ready when drivers blame his clients for dashing into the street or carelessly walking on the shoulder. He can get to the truth of these self-serving stories.
Call A Pedestrian Accident Attorney for a Free Consultation
If you were injured in any type of accident, it’s vital to find a lawyer suited to your needs. Hart Law has won millions in settlements for injured clients, and our firm stays on top of recent developments in the law. Injured pedestrians can rest assured that their case will be handled by an experienced lawyer and a talented legal team that knows how to negotiate for top compensation. If you have questions, please reach out to us today to schedule a free, no-risk consultation with our office.