Getting hit by a car while walking is scary. Your injuries might be serious, and you’re probably worried about how to pay for everything. The good news is that pedestrians in South Carolina have the same rights to insurance settlements as drivers who get hurt in car accidents.
Over the past 10 years, pedestrian accident deaths have increased 53 percent. This makes understanding your insurance options more important than ever. Here’s what you need to know about getting the money you deserve after a pedestrian accident.
Police Reports Don’t Decide Your Case
Police almost always blame the pedestrian when a car hits someone walking. This happens because the injured person is usually on the way to the hospital and can’t tell their side of the story. The driver gets to talk to the officer first.
Don’t worry if the police report says the accident was your fault. Police reports can’t be used in civil court cases. Even if you were partly to blame for what happened, you can still get money from insurance companies under South Carolina law.
Police officers sometimes make mistakes about who caused an accident. They don’t always have all the facts when they write their reports. A good lawyer can prove the driver was really at fault, even when the police report says otherwise.
Your Insurance Coverage Options
You have several ways to get money after a pedestrian accident. The most common option is filing a claim with the driver’s auto insurance company. You can find their insurance information on the FR-10 accident report.
If the driver was at fault, their insurance should pay for all your damages. This includes your medical bills, lost wages, future medical care, and pain and suffering. Some cases also qualify for wrongful death claims if someone dies in the accident.
What happens if the driver doesn’t have insurance or doesn’t have enough coverage? South Carolina only requires drivers to carry $25,000 in liability insurance. That’s not nearly enough to cover serious pedestrian injuries.
You can use your own car insurance in these situations. Look for uninsured motorist coverage and underinsured motorist coverage on your policy. These coverages pay when the other driver can’t or won’t pay what you deserve.
Medical Bills and Health Insurance
Use your health insurance to pay medical bills right after the accident. This is much better than letting doctors put liens on your future settlement. Some medical providers will try to make you sign lien agreements instead of using your health insurance.
Tell them politely that you want to use your health insurance first. You can say, “Thank you for the option, but that’s what health insurance is for. Please file these bills with my health insurance.”
Your health insurance company will want their money back later through something called subrogation. This means they get paid back from your settlement. Most lawyers can reduce how much you have to pay back through negotiations.
Common Injuries and High Medical Costs
Pedestrians often suffer terrible injuries when cars hit them. The most common serious injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and severe cuts from hitting the pavement.
These injuries lead to huge medical bills that pile up quickly. Many people also lose income while recovering from their injuries. Some pedestrians become permanently disabled and can’t work like they did before the accident.
In 16 percent of deadly pedestrian accidents, the driver had a blood alcohol content of at least 0.08. Drunk driving cases often result in higher settlements because the driver’s actions were so dangerous.
Insurance Companies Will Try to Pay You Less
Insurance adjusters get paid to deny claims or offer very low settlements. They’re trained professionals who know how to make you think you don’t deserve much money. Don’t let them trick you into accepting the first offer they make.
Insurance companies often blame pedestrians for accidents, even when the driver was clearly at fault. They might say you were walking in the wrong place or not paying attention. Remember that you can still get money even if you made some mistakes.
The insurance company might offer you a quick settlement right after the accident. Don’t take it. You probably don’t know how badly you’re hurt yet or how much your medical treatment will cost.
Finding All Available Insurance Coverage
Sometimes the driver who hit you isn’t the only person responsible for your accident. If the road was designed poorly or wasn’t maintained properly, you might be able to sue the South Carolina Department of Transportation or the company that built the road.
Drunk driving cases open up even more options. South Carolina has Dram Shop laws that let you sue bars and restaurants that serve too much alcohol to someone who then drives drunk. This can provide additional money beyond what the driver’s insurance pays.
Your lawyer can investigate to find all the insurance policies that might pay for your injuries. This includes looking at commercial policies if the driver was working when they hit you. Every insurance policy found means more money available for your settlement.
Evidence Matters in Pedestrian Cases
Winning your case requires proving the driver should have seen you and stopped or moved out of the way. South Carolina law says drivers must do everything possible to avoid hitting pedestrians.
Modern technology helps prove fault in pedestrian accidents. Lawyers can get video footage from nearby businesses or traffic cameras. They can also subpoena the driver’s phone records to prove they were texting while driving.
Expert witnesses can recreate the accident to show exactly what happened. They look at things like how fast the car was going, whether the driver was paying attention, and if road conditions played a role in the crash.
Don’t Face Insurance Companies Alone
Pedestrian accident cases are complicated and often involve a lot of money. Insurance companies have teams of lawyers working to pay you as little as possible. You need someone on your side who knows how these cases work.
The injuries from pedestrian accidents are often life-changing. You might need medical care for months or years. Some people never fully recover and need help with daily activities for the rest of their lives.
Don’t risk making a mistake that could cost you thousands of dollars. Insurance companies count on people not knowing their rights. They hope you’ll accept a low settlement because you need money quickly.
Get the Help You Deserve
If a car hit you while you were walking in South Carolina, you’ve already been through enough pain. Don’t let insurance companies add to your suffering by refusing to pay what they owe you.
You have rights, and those rights are worth fighting for. Your family depends on you getting the medical care you need and the financial support you deserve while you recover.
Call Hart Law at (803) 771-7701 to talk about your pedestrian accident case. We offer free consultations to help you understand your options. Don’t wait to get the legal advice you need to protect your future.