Pedestrian Accidents Attorney in Anderson, South Carolina

Pedestrian accidents often cause minor to severe injuries, fractures, catastrophic injuries, or sometimes death to anyone involved. The limited – or lack of – protection between automobiles and pedestrians can make pedestrian accidents even more devastating. If you or a loved one were hurt in a pedestrian accident caused by the negligent actions of another person, you may be entitled to seek fair compensation.

At David F. Stoddard Law Firm, we're dedicated to offering experienced legal guidance, support, and compassionate representation to victims of pedestrian accidents in injury claims. Our trusted South Carolina personal injury attorney can help protect your legal rights and help you seek fair financial compensation for medical bills.

David F. Stoddard Law Firm proudly represents pedestrian accident victims across Anderson, South Carolina, and the surrounding areas of Northlake, Liberty, Pickens, or anywhere in Greenville County.

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Determining Liability

South Carolina is an "at-fault" state. At-fault means that if you're injured in a pedestrian accident, the party who caused your injuries will be held financially responsible for your medical expense, property damages, and other accident-related expenses. A knowledgeable attorney can evaluate your unique circumstances and enlighten you about the statutes and rules affecting pedestrians in the state.

Right of Way Rules

Understanding the right-of-way laws can help pedestrians avoid accidents, injuries, and fatalities. Here are some right-of-way rules affecting pedestrians in the state of South Carolina:

  • Pedestrians have the complete right-of-way on the sidewalk.
  • When traffic-control signals are not functional, a driver must yield the right of way, slowing down or stopping to yield to a pedestrian crossing a crosswalk.
  • Pedestrians crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
  • Every pedestrian crossing a roadway at any point other than within a marked or an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
  • The driver of a vehicle crossing a sidewalk shall yield the right of way to any pedestrian and all other traffic on the sidewalk.
  • Every pedestrian shall yield the right of way to the authorized emergency vehicle, including a police vehicle properly and lawfully using an audible signal.

Pedestrian Responsibility

Here are some laws applying to pedestrians in South Carolina:

  • Pedestrians shall obey the instructions of any official traffic control device and traffic regulations presented.
  • Pedestrians must walk on sidewalks whenever sidewalks are present.
  • If there are no sidewalks, pedestrians should travel on the shoulder of the road.
  • If there is no sidewalk or shoulder, pedestrians must walk on the far left side of the road.
  • Pedestrians must always yield to oncoming vehicles when crossing anywhere other than a crosswalk.
  • Pedestrians must not suddenly leave a curb or other place of safety and walk or run into the path of a dangerously close vehicle.

Driver Responsibility

Here are some laws applying to drivers in South Carolina:

  • Drivers must exercise every caution to avoid colliding with pedestrians.
  • Drivers must drive at safe speeds, obey posted speed limits, and for conditions such as adverse weather, lightning, and traffic conditions.
  • Drivers must be careful at intersections, crosswalks, stoplights, and during peak class hours when these areas may become congested with foot traffic.
  • Drivers must activate turn signals at least 100 feet before turning. This will help notify and prevent pedestrians from crossing the street when it isn't safe.
  • Drivers must be on the lookout for pedestrians traveling with a guide dog, stroller, wheelchair, or perhaps completely or partially blind pedestrians.

Any negligent driver who fails to exercise due care, thereby causing a pedestrian accident, may be held liable.

Fault Determination

In order to recover damages, the plaintiff must prove fault by showing the following elements:

  • The at-fault party owed you a duty of care.
  • The at-fault party breached the duty of care owed.
  • The at-fault party's negligence or carelessness caused your injuries.
  • You suffered actual harm, bodily injuries, or someone died from the incident.

A skilled attorney can help gather the required evidence to prove fault and help determine the amount of financial compensation you may be entitled.

Modified Comparative Fault State

Also, South Carolina follows the "modified comparative fault" system, with a 51% bar. Under the principle, a pedestrian accident victim may only recover damage if the victim was partially or equally (50% or less) responsible for the accident or injuries.

However, the amount of compensation that may be recovered will be reduced by the percentage of fault. Thus, you will be barred from seeking damages if you were more than 50% responsible for your injuries or the accident.

Statute of Limitations

South Carolina pedestrian accident statute of limitations states that an action to recover damages for any injury to a person shall be commenced within three (3) years from the date of the accident or injury.

Damages Available

The following damages may be recovered by filing a pedestrian accident claim:

  • Medical expenses, including future medical treatment
  • Lost wages and other benefits
  • Reduced earning capacity
  • Compensation for physical pain and suffering
  • Loss of normal life
  • Mental anguish and emotional distress
  • Legal or attorney fees
  • Punitive damages to further punish the at-fault
  • Wrongful death damages, where applicable

A skilled South Carolina personal injury attorney can fight diligently to protect your rights and help you seek the maximum possible compensation.

Work With a Skilled Personal Injury Attorney

Being involved in a pedestrian accident can be devastating and can have a significant effect on your financial, mental, and physical health. Nonetheless, you don't have to face the challenges and financial liability on your own. At David F. Stoddard Law Firm, our attorney has the skill, diligence, and experience to help you hold those responsible for your injuries and damages accountable. Our dedicated team can help guide you through the often complex legal process.

Pedestrian Accidents Attorney Serving Anderson, South Carolina

If you or someone you know were involved in a negligent pedestrian accident, you may seek fair compensation. Contact David F. Stoddard Law Firm today to schedule a simple case assessment. Our skilled attorney can help protect your best interests and represent you compassionately in your pedestrian accident claims. We're proud to serve clients across Anderson, Northlake, Liberty, Pickens, or anywhere in Greenville County, South Carolina.