Pedestrian accidents occur when a vehicle collides with a pedestrian. These accidents can be extremely dangerous and can cause serious injuries or even death. If you or a loved one has been involved in a pedestrian accident in South Carolina, it is important to understand the personal injury laws that govern these accidents.
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Negligence and Fault
In South Carolina, personal injury lawsuits are based on the legal concept of negligence. Negligence means that a person or entity failed to take reasonable care to prevent harm to others. In pedestrian accidents, negligence can be attributed to either the driver of the vehicle or the pedestrian.
Driver Negligence
Drivers have a duty to operate their vehicles in a safe and prudent manner. If a driver acts recklessly or negligently and causes an accident, they may be held liable for any injuries or damages resulting from the accident. Examples of driver negligence in pedestrian accidents include:
- Distracted driving
- Speeding
- Failure to yield the right of way to pedestrians
- Running a red light or stop sign
- Driving under the influence of drugs or alcohol
Pedestrian Negligence
Pedestrians also have a duty to act reasonably and avoid careless behavior that could result in an accident. If a pedestrian acts negligently and causes their own injuries, they may be partially or fully responsible for the accident. Examples of pedestrian negligence in pedestrian accidents include:
- Jaywalking
- Walking while distracted (using a phone, for example)
- Failing to use a crosswalk or obey traffic signals
- Intentionally putting themselves in danger (such as jumping in front of a moving vehicle)
Comparative Negligence
Even if a pedestrian is partially at fault for their injuries, they may still be able to recover damages from the driver. In South Carolina, the legal concept of comparative negligence is used to determine liability in these cases.
Comparative negligence means that each party’s degree of fault is determined, and damages are apportioned accordingly. For example, if a pedestrian is found to be 20% at fault for an accident, the driver would be responsible for 80% of the damages.
Statute of Limitations
South Carolina has a statute of limitations for personal injury lawsuits, including those resulting from pedestrian accidents. The statute of limitations sets a deadline for filing a lawsuit after an accident, and in South Carolina, this deadline is three years from the date of the accident.
If a lawsuit is not filed within the statute of limitations, the injured party may lose their right to seek compensation for their injuries.
Damages Available
If you have been injured in a pedestrian accident, you may be entitled to several types of damages, including:
- Medical expenses (including future medical care)
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death (if a loved one was killed in the accident)
Getting Help
If you have been injured in a pedestrian accident in South Carolina, it is important to get legal help as soon as possible. A personal injury attorney can help you understand your legal rights and work to recover the compensation you deserve.
Contact a personal injury attorney today to discuss your case and get the help you need.