When going somewhere nearby, walking can be easier than spending money on gas and time parking your car. People on foot fill the streets of Marion and should have the right to enjoy their time walking safely. Unfortunately, busy motorists often fail to notice pedestrians entering crosswalks or recognize situations where pedestrians have the right of way.
Collisions between automobiles and pedestrians have devastating consequences. An experienced injury attorney could help you explore your legal options if a reckless driver harms you or your loved one. A Marion pedestrian accident lawyer could protect your rights and help you pursue damages in a civil claim.
How Reckless Drivers Cause Pedestrian Accidents
Motorists today are too often in a rush to get to their destinations and frequently make negligent mistakes that can cause catastrophic accidents. Drivers may speed and perform unsafe lane changes and passes. Busy drivers sometimes fail to make complete stops at stop signs or red lights, choosing to execute rolling stops instead.
In addition, distracted drivers might fail to see a person entering a crosswalk or walking on the side of the street. A motorist could pick the wrong moment to check their cell phone, program their GPS, or change the radio station. A driver could even fail to see an oncoming pedestrian when they are eating breakfast and drinking coffee behind the wheel of their morning commute.
Drunk driving can also lead to pedestrian accidents. Intoxicated motorists cannot react quickly enough to avoid an emergency and can lose control of the wheel, causing the vehicle to veer into sidewalks and other areas designated for pedestrians. A dedicated attorney could investigate the circumstances of a pedestrian accident in Marion and look for proof of a motorist’s negligence and resulting liability.
What Happens When the Pedestrian Bears Some Responsibility for an Accident?
Sometimes the cause of an injury can be complex, and a reckless motorist might not be the only one at fault for a crash. Courts will review the role of all involved parties and can assign a percentage of fault to injured plaintiffs. Examples of when a pedestrian might be assigned shared fault include:
- Crossing a street outside of a marked crosswalk
- Crossing a road in the dark while wearing dark clothing
- Abruptly entering a street in front of a car
- Stepping off a sidewalk because they are distracted by their cell phone
Fortunately, even if a court finds a pedestrian partially to blame for their injuries, the pedestrian could still be eligible to seek damages. South Carolina operates under a modified comparative fault system, meaning that a pedestrian who is assigned less than 50 percent of fault for a crash can still sue the motorist who hit them. However, the court will reduce the pedestrian’s available compensation in proportion to their degree of shared responsibility.
Shared fault situations can be complicated. Working with a seasoned legal professional serving Marion could be essential for achieving the full range of damages a bike accident survivor needs and deserves.
Contact a Marion Pedestrian Accident Attorney Today
If a reckless driver hurts you while you are walking, you should be able to focus your energy on your recovery. However, affording medical treatment while potentially taking time off work can make your recovery more challenging than it should be.
A Marion pedestrian accident lawyer could help you seek the compensation you deserve for your injuries and losses. Contact Whetstone Perkins & Fulda as soon as possible to discuss filing a claim.