Charleston Pedestrian Accident Attorney
Pedestrian accidents do not only happen because of cars – cracked or broken sidewalks and lack of maintenance on the roads can cause them as well. Pedestrian accidents are serious problems and can cause debilitating injuries that can change a life forever.
In 2015, South Carolina saw 126 pedestrian accident fatalities and 799 injuries. If you or a loved one has been the victim of a pedestrian accident then contact one of the Charleston pedestrian accident attorneys the Max Sparwasser Law Firm, LLC. Our Charleston injury attorneys will provide the help and guidance you need.
How to Prove Negligence
If you decide to file a claim for an injury because of a pedestrian accident then you must prove someone else was acting negligently. To show that the other party was negligent you must establish that they had a legal duty, that they failed to uphold that duty, and that their failure was the cause of your injury. Like many other traffic accidents, multiple parties could be at fault. The driver of the car that hit the pedestrian, the person responsible for sidewalk or road maintenance, and the pedestrian could cause a pedestrian accident.
South Carolina courts adhere to the comparative negligence rule. This rule allows the court to adjust the compensation award depending on the percentage of blame each party holds. For example, if you are 20% responsible for the incident, the court would reduce your award by 20%. You can be up to 50% at fault and still be eligible for compensation.
If you are looking to pursue a pedestrian accident claim, speak to a Charleston pedestrian accident lawyer for legal guidance. An experienced attorney will be able to tell you whether or not you have a case and the amount that you could be considered responsible for the accident.
Accidents With Pedestrians and Motor Vehicles in Charleston
Anyone on the road must use a reasonable amount of care to keep others safe. Some of the things that may keep a driver from using reasonable care are:
- Distractions due to phones, music, etc.
- Not yielding to a pedestrian at crosswalks or intersections
- Ignoring traffic signals or signs
- Driving without adapting to weather or traffic conditions
- Driving under the influence of drugs and alcohol
If a driver’s lack of reasonable care is the cause of the accident, the driver is most likely the one liable for the accident.
Common Locations for Pedestrian Accidents in South Carolina
While pedestrian accidents could take place nearly anywhere, there are areas in South Carolina where they are the most common. Here are a few places that pedestrians get hurt the most:
- Roadway median strips
- Parking lots
- Parking garages
Were you recently injured while walking on foot in one of these places? If so, reach out to a Charleston pedestrian accident lawyer for help filing a claim.
Other Kinds of Pedestrian Accidents
Injuries to pedestrians also occur because of poorly maintained sidewalks, parking lots, and roads. Property owners are responsible for keeping their properties safe at all times. To win a case of premises liability you must prove that the owner caused the poor condition, the owner was aware of it and did nothing, or the poor condition existed for a time when the owner should have known about it.
Even if the property owner was not aware of an unsafe condition when the accident happened, he or she is responsible for remaining aware of everything happening on the property.
What to Do If You Are in a Pedestrian Accident
The first thing you should do if you are in a pedestrian accident is to call 911 and wait for EMTs to arrive. Do not leave the scene until they arrive. Once the police arrive they can take statements and file an official report, so you have solid proof of the incident.
It can also help to obtain the names and contact information of anyone who witnessed the accident so you can contact him or her later for statements if you decide to file a claim. There is also the possibility that a traffic camera, or a home or business camera, in the area recorded the accident. Do not make statements to the other party or admit any level of blame.
After receiving medical care and filing the police report, hire an experienced Charleston pedestrian accident attorney so that you can fight for the compensation that you deserve.
The Right Pedestrian Accident Attorney
If you have been involved in a pedestrian accident in South Carolina, call the Max Sparwasser Law Firm, LLC. Max Sparwasser has the experience and knowledge to give you strong representation in your case.