Columbia Pedestrian Accident Attorney
Millions Recovered For Accident Victims
$6.1M
WRONGFUL DEATH
$2M
TRUCK ACCIDENT
$2.2M
DRIVING ACCIDENT
$2M
WRONGFUL DEATH
$1.5M
DRUNK DRIVER
Hurt in a Pedestrian Crash in Columbia? Contact Us Today for a Free Review
At Hart Law, our Columbia pedestrian accident lawyer is an experienced, justice-focused advocate for victims and families. We are committed to holding negligent drivers and large insurance companies accountable for paying claims. If you or your loved one suffered a serious injury in a pedestrian collision, we are more than ready to help.
Contact us today by dialing (803) 771-7701 for a free consultation with a top-tier South Carolina pedestrian accident lawyer.
What to Do After a Pedestrian Crash in Columbia, SC
Hurt in a pedestrian accident? You must know the steps to take to protect your health, safety, and financial interests. Unfortunately, pedestrian collisions are a serious public safety problem in our region. According to the South Carolina Department of Transportation, recent data from the NHTSA showed that “South Carolina’s bicycle and pedestrian death rates were again among the worst in the nation.”
Here are four steps to take after a pedestrian collision in Columbia:
- Report the Crash to Law Enforcement: All pedestrian collisions that result in physical injuries should be reported to law enforcement. Make sure your crash is reported to the City of Columbia Police Department or another state or local law enforcement agency.
- Seek Immediate Medical Care: All pedestrian accident injuries should be diagnosed and treated by a qualified medical professional. You need to see a doctor for your health and well-being. Further, without medical records, you will not have a claim.
- Document the Pedestrian Collision: Pedestrian accidents are fault-based legal cases in South Carolina. With that in mind, you should carefully document your crash. Be sure to write down what happened, take pictures, and get the witness contact details.
- Speak to a Lawyer Before an Insurer: You may get a phone call from an insurance company relatively shortly after an accident seeking a recorded statement. Before you talk to an insurance adjuster, you should consult with a Columbia pedestrian crash attorney.
Understanding the Serious Impact of Pedestrian Accidents
Pedestrian accidents in Columbia, SC, often lead to life-changing consequences for victims. Unlike car accidents, where occupants have seat belts and airbags, pedestrians injured in collisions have no protection against the force of a motor vehicle. The human body cannot withstand the impact when struck by a car or truck traveling at high speeds.
Many pedestrian accidents result in severe injuries that require immediate medical attention. Victims may suffer injuries including broken bones, spinal cord injuries, and traumatic brain injury. These serious injuries often require surgery, extended hospital stays, and months of rehabilitation. The physical pain from these injuries can last for years or become permanent.
Pedestrian fatalities remain tragically common in Columbia, South Carolina. When devastating accidents take the life of a loved one, families face emotional trauma alongside mounting medical bills and funeral expenses. A wrongful death claim allows families to seek compensation for their losses and hold negligent parties accountable.
The Most Common Causes of Pedestrian Accidents
Pedestrian accidents happen for a wide array of different reasons. Every accident should be thoroughly investigated to determine how and why the safety failure happened. Some of the leading causes of pedestrian accidents in South Carolina include:
- Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. Some common forms of distracted driving include texting, talking on the phone, and using in-vehicle technology. Drivers who fail to pay attention to the road may not notice pedestrians who are crossing the street or walking along the shoulder. It is a serious risk.
- Failure to Yield: Many pedestrian accidents occur when drivers fail to yield the right-of-way at crosswalks or intersections. In South Carolina, motorists must yield to pedestrians who have the right-of-way. The failure to do so is particularly dangerous when a driver fails to slow down or makes an improper turn. Pedestrians may not have time to react.
- Speeding: Speeding is cited as a factor in many pedestrian accidents in South Carolina. A notable thing about speeding is that it both increases the risk of pedestrian accidents and the severity of injuries when an accident occurs. Speeding is negligence.
- Poor Visibility: Pedestrian accidents are more likely to happen in low visibility conditions. Some examples include nighttime and bad weather. Indeed, poor visibility contributes to a large number of pedestrian accidents.
- Impaired Driving: Intoxicated driving is a serious crime in South Carolina. It is also an act of negligence. Drunk drivers under the influence of alcohol or drugs often have impaired reaction times and judgment. Drunk driving remains a leading cause of pedestrian fatalities across the state.
- Pedestrian Error: While less common, some accidents happen from pedestrian error, such as jaywalking, ignoring traffic signals, or walking into the path of oncoming vehicles. Pedestrians should exercise caution. A negligent pedestrian could bear partial (or even full) responsibility for their accident in Columbia.
South Carolina is an at-fault pedestrian accident state. The driver or other party who is legally responsible for the crash can be held liable for the resulting damages. As South Carolina is a modified comparative negligence jurisdiction, liability is distributed in proportion to fault.
How Driver Negligence Leads to Pedestrian Collisions
Driver negligence takes many forms on the roads of Columbia, South Carolina. A careless or reckless driver who runs a red light puts pedestrians at risk. Drivers who make illegal turns through crosswalks endanger people crossing the street. When the at-fault party ignores traffic laws, innocent pedestrians pay the price.
Motor vehicle operators owe a duty of care to everyone sharing the road. This includes pedestrians in crosswalks, on sidewalks, and in parking lots. When a driver fails to meet this duty, they can be held responsible for resulting injuries. Driver negligence cases often involve clear violations of traffic safety rules.
Truck accidents involving pedestrians are especially dangerous due to the size and weight of commercial vehicles. Large trucks have bigger blind spots and need more distance to stop. Drunk drivers behind the wheel of any vehicle pose extreme danger to pedestrians who have no way to protect themselves from impact.
The Claims Process After a Pedestrian Accident
Filing a pedestrian accident claim requires understanding your rights under South Carolina law. The at-fault party’s insurance company must compensate you for damages caused by their insured driver. However, getting a fair settlement from an insurance company rarely happens without legal representation.
Our law firm handles every step of the pedestrian accident claim process on your behalf. We investigate the accident scene, collect witness statements, and document all your injuries. Our legal team builds a strong case showing how someone else’s negligence caused your serious accident.
The insurance company refuses many valid claims in hopes that victims will give up or accept lowball offers. Insurance adjusters may claim you share fault or that your injuries are not as bad as you say. An experienced pedestrian accident lawyer knows these tactics and fights back effectively.
Know the Statute of Limitations: Pedestrian Injuries
You have a limited amount of time to file a personal injury lawsuit. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations for these types of claims. What happens if you fail to file a pedestrian accident lawsuit within three years of the date of your crash?
Your case may simply be dismissed. Do not fall behind in the claims process: Consult with a Columbia pedestrian accident lawyer as soon as possible after an incident.
Recovering the Maximum Pedestrian Accident Compensation
Hurt in a pedestrian accident in Columbia? You have the right to seek compensation for the full extent of your damages under South Carolina state law. Your compensation should include both economic losses and non-economic losses.
Unfortunately, the big insurance companies that defend most pedestrian accident injury claims fight hard to pay out less to injured victims. They put their bottom line above your best interests. Our Columbia, SC pedestrian accident lawyer fights tirelessly to help injured victims secure the absolute maximum compensation, including for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Why You Need an Experienced Pedestrian Accident Attorney
Personal injury cases involving pedestrians require specific legal knowledge and experience. An experienced pedestrian accident lawyer understands the unique challenges these cases present. Insurance companies often try harder to deny pedestrian accident claims than typical car accident claims.
Our law firm has more than a decade of experience representing pedestrian accident victims in Columbia, SC and throughout the region. We know how to counter the tactics insurance companies use. Our legal team has successfully recovered millions in compensation for injured clients over the years.
An experienced personal injury lawyer provides guidance through each stage of your case. From initial investigation to final settlement or verdict, we handle all legal matters. You focus on recovery while we fight for fair compensation. Our experienced attorney brings skills that make a real difference in case outcomes.
Understanding Comparative Negligence in Pedestrian Cases
South Carolina follows a modified comparative negligence rule in personal injury cases. This means you can still recover compensation even if you share some blame for the accident. However, your compensation reduces by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.
Insurance companies often try to shift blame onto pedestrians to reduce their payout. They may claim you were jaywalking, not paying attention, or violated traffic rules. Our Columbia pedestrian accident attorney gathers evidence showing the driver bears primary responsibility for the crash.
Comparative negligence issues require careful attention in pedestrian accident cases. Even if you made a mistake, the driver may still be mostly at fault. An experienced lawyer can argue your case effectively and minimize your assigned fault percentage. This directly impacts how much compensation you receive.
How Our Law Firm Works With Pedestrian Accident Clients
When you contact our law office for a free consultation, we listen to your story without judgment. Our legal team reviews the facts of your pedestrian accident and explains your legal options. We answer questions about the claims process, timelines, and what to expect moving forward.
We work on a contingency fee basis, which means you pay no legal fees unless we win your case. This allows injured victims to access quality legal representation regardless of their financial situation. Our law firm covers all costs of investigating and building your case upfront.
Our Columbia pedestrian accident attorney communicates regularly throughout your case. We update you on developments, explain settlement offers, and provide honest advice. If the insurance company refuses to pay fair compensation, we are prepared to file a personal injury lawsuit and take your case to trial.
Types of Pedestrian Accidents We Handle
Our law firm represents victims of all types of Columbia pedestrian accidents. Crosswalk accidents where drivers fail to yield remain common. We also handle cases involving pedestrians hit in parking lots, on sidewalks, and along roadways. Each type of pedestrian accident presents unique legal issues.
Car accidents involving pedestrians often happen at intersections when drivers make left turns. Truck accidents pose extreme danger due to vehicle size and blind spots. We have experience with motor vehicle collisions of all types that result in pedestrian injuries.
Hit-and-run pedestrian accidents require special investigation to identify the responsible driver. Accidents in poorly lit areas may involve liability for property owners who failed to provide adequate lighting. Our experienced pedestrian accident lawyer investigates every angle to identify all potential sources of compensation.
Why Trust Our Columbia Pedestrian Injury Lawyer
The aftermath of a serious accident is never easy to navigate. It is normal to have a lot of questions about your rights, your options, and what comes next. Do not rely on any insurance company to look out for your best interests.
Christopher R. Hart is a top-rated South Carolina pedestrian accident lawyer. He provides proactive advocates to injured victims. With proven leadership in law and a proven record of client testimonials, we know how to get results. Along with other things, our Columbia pedestrian accident attorney is prepared to:
- Conduct a free, in-depth review and evaluation of your personal injury case;
- Investigate your pedestrian accident in Columbia—gathering all evidence;
- Handle the settlement negotiations with the insurance company; and
- Take action to help you secure the full and fair compensation that you deserve.
Pedestrian Accident Claims in Columbia: Frequently Asked Questions (FAQs)
Should I Hire a Lawyer for a Pedestrian Accident Case?
Yes. If you sustained an injury that required any form of professional medical care, you should consult with an experienced Columbia, SC pedestrian accident lawyer. Your attorney will help you navigate the complexities of the pedestrian accident claims process.
Do Pedestrians Always Have the Right-of-Way in South Carolina?
No. Pedestrians do not always have the right-of-way in South Carolina. While pedestrians generally have the right-of-way at crosswalks and intersections, they must also obey traffic signals and avoid stepping into the path of oncoming cars in a negligent manner. Indeed, South Carolina law requires both drivers and pedestrians to exercise reasonable care to prevent accidents.
What is an Unmarked Crosswalk?
In South Carolina, an unmarked crosswalk is broadly defined as an area at an intersection where pedestrians are legally allowed to cross the street—even though there are no painted lines or other official markings. South Carolina law recognizes these crosswalks at many intersections that lack traffic controls beyond a stop sign or a yield sign—particularly those with sidewalks on both sides, which exist between sidewalks on opposite sides of the street. Drivers must yield to pedestrians in unmarked crosswalks. At the same time, pedestrians must exercise caution.
Can a Pedestrian Still Recover Compensation if Partially at Fault?
Yes. South Carolina is a modified comparative negligence jurisdiction. Under state law, an injured victim—including an injured pedestrian—can still seek financial compensation even if he or she is at fault for part of an accident. However, compensation will be denied if a pedestrian bears a majority share of the fault. If you are 51 percent or more at fault for a pedestrian accident in South Carolina, you will be barred from recovery by state law.
How Much Can I Expect to Get in a Pedestrian Accident Settlement?
It depends. The amount you can expect to receive in a pedestrian accident settlement will vary based on case-specific factors. Key issues include liability and the extent of your damages. To secure the maximum possible financial compensation, injured pedestrians should be prepared to prove that another party—such as a negligent driver—bears full responsibility for their accident. Further, pedestrians should be ready to show the extent of their damages. A top-rated Columbia, SC pedestrian accident lawyer can help you seek the maximum settlement offer.
What if the Driver Who Hit Me Left the Scene?
Hit-and-run pedestrian accidents require immediate police involvement. Report the incident right away and provide any details you remember about the vehicle. Our law firm can investigate using traffic cameras and witness statements to identify the at-fault party. Your own insurance policy may provide coverage while we search for the responsible driver.
How Long Will My Pedestrian Accident Case Take?
The timeline varies based on injury severity and insurance company cooperation. Simple cases with clear liability may settle in months. Complex cases involving serious injuries and disputed fault can take a year or more. Our accident lawyer in Columbia works efficiently while ensuring you receive full compensation for all damages.
Can I Still File a Claim if the Accident Happened in a Parking Lot?
Yes. Pedestrian accidents in parking lots often involve driver negligence. Drivers must watch for pedestrians when backing out of spaces or driving through parking aisles. Property owners may also share liability if poor lighting or design contributed to the accident. Our law office investigates all factors that led to your injuries.
Contact Our Columbia, SC Pedestrian Accident Lawyer Today
At Hart Law, our Columbia pedestrian accident attorney provides aggressive, solutions-focused legal guidance and support to victims and their families. If you were hurt in any type of pedestrian crash—whether in a crosswalk, outside of a crosswalk, or in a parking lot—we are here as a legal resource. Contact us today to set up your free, fully private initial case review. We handle pedestrian accident claims in Columbia, Richland County, Lexington County, and throughout South Carolina. Call (803) 771-7701.
PRACTICE AREAS
TESTIMONIALS
Client Reviews
It was a pleasure dealing with Hart Law Firm. Sherri in particular was super helpful and courteous. She kept me well informed of everything. Overall great experience.
Read MoreYOU HAVE QUESTIONS
We Have Answers
Who is held responsible when a commercial vehicle truck causes the accident?
Commercial vehicle truck accidents are not regular accidents. If you are involved in accident with a vehicle with a USDOT number you will need a law firm with the experience and knowledge for handling commercial motor vehicle accidents. Hart Law has the knowledge and experience with handling commercial motor vehicle accidents.