Pedestrian accidents are a growing concern in South Carolina, posing significant risks to individuals on foot. In fact, South Carolina recently ranked in the top 10 in the country for pedestrian fatalitites.
With the increasing traffic and bustling urban areas, it is crucial for pedestrians to be aware of their rights and responsibilities. In the unfortunate event of a pedestrian accident, understanding the legal landscape becomes paramount. This blog post, brought to you by the pedestrian accident lawyers at the Hopkins Law Firm, aims to shed light on the key aspects of pedestrian accidents in South Carolina, including rights, responsibilities, and the legal recourse available to victims.
Pedestrian Rights and Responsibilities:
South Carolina law recognizes the rights of pedestrians to use public roadways and crosswalks safely. However, pedestrians also have responsibilities to ensure their safety and the smooth flow of traffic. Adhering to traffic signals, using crosswalks when available, and exercising caution when crossing roads are essential components of responsible pedestrian behavior.
Drivers, too, have a duty to exercise reasonable care and avoid causing harm to pedestrians. Unfortunately, accidents can still occur due to negligence, distracted driving, or other factors beyond the pedestrian's control.
Understanding Comparative Negligence:
South Carolina follows the legal doctrine of comparative negligence, which means that fault can be apportioned among multiple parties involved in an accident. This includes both the pedestrian and the driver. In cases where the pedestrian shares some degree of fault, their compensation may be reduced proportionately. However, if the pedestrian is found to be less than 50% at fault, they may still pursue damages.
Seeking Compensation for Pedestrian Accidents:
If you are a pedestrian injured in an accident, it is crucial to gather evidence to support your case. This may include witness statements, photographs of the accident scene, medical records, and any available surveillance footage. Consulting with an experienced personal injury attorney at can help you understand your rights and build a strong case.
Compensable damages in pedestrian accident cases may include medical expenses, lost wages, pain and suffering, and more. An attorney can help assess the full extent of your damages and negotiate with insurance companies on your behalf.
Statute of Limitations:
It is important to be aware of the statute of limitations for personal injury claims in South Carolina. Generally, victims have three years from the date of the accident to file a lawsuit. Failing to meet this deadline may result in the loss of the right to seek compensation.
Pedestrian accidents in South Carolina can have severe consequences, and navigating the legal aftermath can be complex. If you or a loved one has been involved in a pedestrian accident in Charleston, Georgetown, Myrtle Beach, or Pawleys Island, seek the guidance of an experienced personal injury attorney at the Hopkins Law Firm. Understanding your rights, responsibilities, and the legal recourse available is crucial to securing the compensation you deserve and moving forward on the path to recovery.