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, no-obligation initial appointment with a top-tier South Carolina pedestrian accident lawyer.
What to Do After a Pedestrian Crash in Columbia, SC
Hurt in a pedestrian crash? 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 crash 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 crashes 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 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.
The Most Common Causes of Pedestrian Accidents
Pedestrian crashes can 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 is speeding or making 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. Drivers under the influence of alcohol or drugs often have impaired reaction times and judgment. They are simply more likely to hit a pedestrian.
- Pedestrian Error: While less common, some accidents result 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.
Know the Statute of Limitations: Pedestrian Injuries
You have a limited amount of time to file a pedestrian accident 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 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 crash 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 settlement or verdict, 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 Trust Our Columbia Pedestrian Injury Lawyer
The aftermath of a serious pedestrian crash 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 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.
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.