As a pedestrian, you should be able to rely on motor vehicle drivers near you to be attentive and slow down or stop to let you cross the street as long as you are lawfully within a crosswalk. The unfortunate reality, though, is that crosswalks are one of the most common places for collisions between motor vehicles and pedestrians to occur, often due to driver negligence.
If you recently sustained injuries under circumstances like this, contacting a Columbia pedestrian crosswalk accident lawyer from Whetstone Perkins & Fulda should be among your top priorities. You may be able to demand civil compensation for the harm you have suffered due to someone else’s misconduct, but you may also have a deceptively difficult time doing so without support from a seasoned pedestrian injury attorney.
Do Pedestrians Always Have the Right-of-Way in Crosswalks?
Pursuant to South Carolina Code of Laws § 56-5-3130, motor vehicle drivers must yield the right-of-way to any pedestrian lawfully within a crosswalk in the half of the road that the vehicle is traveling on. If a driver fails to do this—or unlawfully passes and overtakes another vehicle that has lawfully stopped at a crosswalk—and strikes a pedestrian as a result, they have violated their duty of care. This duty maintains that all drivers have to act responsibly behind the wheel and can be held liable for ensuing injuries and losses based on their negligence.
Importantly, pedestrians also have a duty of care when using crosswalks. For crosswalks with electronic traffic controls, pedestrians may only enter when they have the signal to do so, and they must refrain from stepping into non-controlled crosswalks when there is oncoming traffic. Drivers who are sued over pedestrian crosswalk collisions in Columbia often try to accuse pedestrians of being irresponsible in an attempt to minimize their own liability for damages, but a skilled attorney could help neutralize that tactic and maximize your available compensation.
Seeking Fair Compensation Within Filing Deadlines
Compensable damages in a pedestrian injury claim can include both economic and non-economic forms of harm stemming from the incident, as well as both past and future losses relative to when the legal process actually begins. This can include, but is not strictly limited to:
- Medical bills
- Lost work wages or earning capacity
- Personal property damage and other out-of-pocket expenses
- Lost enjoyment of life
- Physical pain and suffering
- Psychological trauma and anguish
However, pursuant to S.C. Code § 15-3-530, you typically must file suit within three years of the date on which your accident occurred, regardless of how much longer you expect the accident’s negative effects to impact your life. Building a comprehensive claim within this strictly enforced time limit is one of many services a pedestrian injury lawyer in Columbia could provide invaluable assistance with following your crosswalk accident.
Speak With a Columbia Pedestrian Crosswalk Accident Attorney Today
Being struck by a reckless or careless driver while you are in a crosswalk is, at best, shocking, and life-altering at the worst. Regardless of the severity of your injuries, you do not deserve to be hurt solely because of someone else’s irresponsibility. If your injuries require any form of professional medical care, you may have grounds to seek financial restitution from the person to blame for the collision.
A Columbia pedestrian crosswalk accident lawyer could review your options and offer preliminary guidance about next steps during an initial consultation. Contact Whetstone Perkins & Fulda today to schedule yours.
